"By introducing pre-emptive statewide legislation we can shift the
battle away from the community level back to the state legislatures where
we are on stronger ground." Tina Walls, Philip Morris, 1994.
A guide on preemption -- the tobacco industry's favorite weapon against
local tobacco control laws -- is available for download
here.
Preemption is a legislative or judicial scheme in which a higher level of
government (state or federal) strips lower levels of government of their
authority over a specific subject matter. Preemption is the tobacco industry’s
top legislative goal, because it concentrates authority at the state (or
federal) level, where the industry is stronger and can more readily protect
its interests. Over the past 20 years the industry has passed some form
of preemption in 32 states, gutting dozens of local tobacco control laws
and preventing hundreds more from passing.
This guide explains why the tobacco industry hates local control, describes
steps it will take to eliminate it, and spells out how advocates can fight
back. To download the guide, click: