Tobacco industry and public health responses to state and local efforts to end tobacco sales from 1969-2020.

Background: In June 2019, Beverly Hills, California, became the first American city in the 21st century to pass an ordinance ending the sale of most tobacco products, including cigarettes, and it is unlikely to be the last. Knowledge of previous efforts to ban tobacco sales in the US, both successful and unsuccessful, may help inform tobacco control advocates' approach to future efforts.
Methods: We retrieved and analyzed archival tobacco industry documents. We confirmed and supplemented information from the documents with news media coverage and publicly available state and local government materials, such as meeting minutes and staff reports, related to proposed bans.
Results: We found 22 proposals to end the sale of cigarettes or tobacco products from 1969-2020 in the US. Proposals came from five states, twelve cities or towns, and one county. Most came from elected officials or boards of health, and were justified on public health grounds. In opposing tobacco sales bans, the tobacco industry employed no tactics or arguments that it did not also employ in campaigns against other tobacco control measures. Public health groups typically opposed sales ban proposals on the grounds that they were not evidence-based. This changed with Beverly Hills' 2019 proposal, with public health organizations supporting this and other California city proposals because of their likely positive health impacts. This support did not always translate into passage of local ordinances, as some city council members expressed reservations about the impact on small businesses.
Conclusion: Tobacco control advocates are likely to encounter familiar tobacco industry tactics and arguments against tobacco sales ban proposals, and can rely on past experience and the results of a growing body of retail-related research to counter them. Considering how to overcome concerns about harming retailers will likely be vital if other jurisdictions are to succeed in ending tobacco sales.
Competing Interests: I have read the journal's policy and the authors of this manuscript have the following competing interests: PAM: Personal financial interests: Since 2006, I have been a full-time faculty employee of the University of California, San Francisco. My salary is provided by funds from research grants. I have received honoraria from the U.S. Department of Justice (for serving as a tobacco industry documents consultant for United States of America vs. Philip Morris, et al.), and Cancer Research UK (for preparing a report on views of the idea of a tobacco “endgame”). I have participated in tobacco control advocacy. Organizational financial interests: Within the last 5 years I have received grant funding from the California Tobacco-Related Disease Research Program (research funds derived from the state tax on cigarettes), and have worked on projects funded by the National Cancer Institute and California Tobacco Control Program. Interests of related parties: None to declare. REM: Personal financial interests: Since 1997, I have been a full-time faculty employee of the University of California, San Francisco. My salary is provided by funds from the state of California and my research grants. I have received travel/accommodation expenses and consulting fees or honoraria from the U.S. Department of Justice (for serving as a tobacco industry documents consultant for United States of America vs. Philip Morris, et al.), World Health Organization (for serving on the Expert Panel on Tobacco Industry Interference with Tobacco Control), American Legacy Foundation (for serving on an award selection panel), Clearway Minnesota (for serving as a grant proposal reviewer), U.S. Centers for Disease Control (for consulting on a tobacco industry documents research project), NIH (for serving as a grant proposal reviewer) and Cancer Research UK (for preparing a report on views of the idea of a tobacco “endgame”). I own one share each of Philip Morris International, Reynolds American, and Altria stock for research and advocacy purposes and have participated in tobacco control advocacy. I receive an annual honorarium and reimbursement of travel/accommodation expenses from BMJ Publishing Group Ltd (for work as editor-in-chief of Tobacco Control). I have also received travel/accommodation expenses and honoraria for speaking to various public health groups. In addition, I have received funding for reviewing documents as a potential expert witness for plaintiffs’ legal cases involving tobacco industry activities. Organisational financial interests: Within the last 5 years I have received grant funding from the National Cancer Institute, National Institutes of Health, the California Tobacco-Related Disease Research Program (research funds derived from the state tax on cigarettes), and the California Tobacco Control Program. Non-financial interests: I have published or collaborated on research with more than 50 colleagues, postdoctoral fellows and students. I recuse myself from handling or reviewing papers submitted by these colleagues and others from my institution (UCSF). Interests of related parties: None to declare In 2019, both authors provided written informational resources at the request of Beverly Hills city staff and/or representatives and REM provided expert testimony at City Council or Health Commission meetings in Beverly Hills, Manhattan Beach, and Hermosa Beach. We confirm that nothing in those competing interest statements alters our adherence to PLOS ONE policies on sharing data and materials.