ACS Response--Chuck Bridger


Response to the Posting of "Constitutional Issues In Proposed Tobacco Settlement."

Chuck Bridger, American Cancer Society

The summary of the ACS's document "Constitutional Issues In Proposed Tobacco Settlement," being circulated via email totally mischaracterizes the American Cancer Society's position on the issue of preemption. ACS does not endorse the preemption of state or local tobacco control measures that are more stringent than federal standards. To the contrary, the ACS expressly stated in its constitutional analysis:

To the extent that the [proposed settlement] preempts state licensing and "no sales to minors" laws, it is imperative that the Act's language clarify that such preemption would not prevent states and localities from enacting more stringent standards than those included in the Act. The American Cancer Society believes that the Act must not set a ceiling on state and local tobacco control -- it need set only a floor.

The ACS's position on preemption is consistent and well-settled: although the federal government should enact broad-based measures to effectively protect the public health from the harms of tobacco use, states and localities should be permitted and encouraged to enact measures that are more stringent than the federal standards. Anyone that suggests the contrary is either unintentionally misinformed or purposely misrepresenting the ACS position.

Anyone having questions on ACS tobacco control policy should please call Linda Crawford, at the ACS National Home Office, at the number and extension listed at (202) 546-4011, ext. 147.

Chuck Bridger, ACS



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