Resources and Publications
Resources and Publications
A plain-language resource for local officials, attorneys, public health professionals and advocates is now hyperlinked to all state and federal laws, regulations and legal settlements that affect the sale, marketing and use of tobacco in Minnesota.
Prohibiting Individual or Out-of-Package Sale of Cigarettes PDF, 101 Kb
Eliminating Smoking in Public Places and Places of Work PDF, 49 Kb
Eliminating Smoking in Restaurants PDF, 48 Kb
Eliminating Smoking in Public Places and Places of Work, Exempting Bars PDF, 52 Kb
PDF, 126 Kb
D Douglas Blanke, Hubert H Humphrey III
Tobacco Control 2006;15(Suppl IV):iv1–iv3.
Minnesota's 1998 settlement with major cigarette manufacturers remains a milestone in American legal history. The world's fourth largest legal settlement, it not only generates hundreds of millions of dollars annually — forever — for Minnesota's treasury, but also imposes permanent legal restrictions on the activities of the cigarette manufacturers. Among other things, the settlement:
The settlement is contained in these two interrelated legal documents.
Master Settlement Agreement
The Master Settlement Agreement (MSA) is an accord reached in November 1998 between the state Attorneys General of forty-six states, five U.S. territories, the District of Columbia and the five largest tobacco companies in America concerning the advertising, marketing and promotion of tobacco products. In addition to requiring the tobacco industry to pay the settling states approximately $10 billion annually for the indefinite future, the MSA also set standards for, and imposed restrictions on, the sale and marketing of cigarettes by participating cigarette manufacturers.
Among its many provisions, the MSA:
Download the MSA PDF, 270 Kb
PDF, 1.77 Mb
Edited by the Tobacco Law Center's Director, this World Health Organization handbook offers health officials and others the tools to develop the legislation required by the historic Framework Convention on Tobacco Control, the first global health treaty. The first in a series of WHO capacity-building manuals, it is intended to help make the FCTC a turning point in the struggle to reverse the global epidemic of tobacco use. The Guide explains the stages of the legislative process, from building a foundation of political support, to enforcement and evaluation of laws after their enactment. It describes strategic choices countries must make in approaching legislation, and offers practical suggestions for drafting, lobbying, and overcoming obstacles. Included are an examination of the key elements of comprehensive legislation; a discussion of international law and its relation to tobacco control; and nine country studies illustrating successful strategies used around the world. Click on the link to download the PDF file of this book.
Prepared for the Minnesota Department of Health, this report provides an overview of the Minnesota laws that govern the sale of tobacco products to minors and details existing enforcement practices. Based on a local retail enforcement survey and profiles of enforcement practices in eight other states, the report identifies key barriers to effective local enforcement and recommends statewide improvements.
This report, prepared for the Minnesota Department of Health, examines the practical and conceptual problems that arise when tobacco products are sold via the internet. Based on an investigation of nearly a hundred websites and an experiment of underage youth acting as buyers, the report identifies problems in current enforcement, outlines possibilities for future enforcement, and recommends state-level improvements.
PDF, 604 Kb
Prepared for the Tobacco Free Initiative of the World Health Organization, the report outlines the history of tobacco litigation in the United States and the development of global tobacco litigation. It also analyzes the risks and benefits of tobacco litigation, explores other options, and recommends international steps to move forward.
Prepared by a global Committee of Experts appointed by the Director General of the World Health Organization, this landmark report examines internal tobacco industry documents to uncover elaborate, sophisticated and long-running efforts by tobacco manufacturers to sabotage the tobacco control initiatives of the WHO. The Director of the Tobacco Law Center served as a research consultant to the Committee of Experts in investigating the industry's activities and drafting this report.
» To obtain a full copy of an article not available for download here, contact tobaccolaw@wmitchell.edu.
Journal of Law, Medicine, and Ethics, 30(3) Suppl:75-82, 2002.
Henson R, Medina L, St. Clair S, Blanke D, Downs L.
This article focuses on clean indoor air policies as a way to eliminate exposure to secondhand smoke, especially on laws at the state level, ordinances at the local level, and preemptive clauses that limit the power of local governments to impose their own smoking restrictions above and beyond those of state law. Developments and experiences in Minnesota and Iowa are discussed in more detail.
Nicotine & Tobacco Research, 5(3):303-314, 2003.
Muggli ME, Hurt RD, Blanke DD.
A review of internal tobacco company documents reveals that members of the tobacco industry and its corporate attorneys created an international scientific consultants program to influence public opinion on environmental tobacco smoke (ETS). This program was shaped as a “product” to protect the industry from international threats of smoking restrictions. Additionally, this program was used to promote a scientific backdrop supporting the industry's position on ETS that differed from regulatory agencies and published scientific research. In this report, we detail the pervasive nature of the so-called ETS Consultants Program, outline the wide range of activities undertaken by the consultants, and highlight the role of the industry's corporate attorneys in creating and managing this program. We suggest heightened monitoring of industry-created scientific organizations, further tobacco document research, and wide dissemination of such work.
Journal of Law, Medicine, and Ethics, 31(4)Special Suppl:58-59, 2003.
Moore J, Ashe M, Gray P, Blanke D.
This resource guide, compiled by a national network of legal resource centers and tobacco law experts, provides legal tools primarily for public policy initiatives. Lists of resources include a brief description of the resource and its intended audience. Separate lists are provided by state and organization and by subject area.
Presentations viewable only with Internet Explorer
Freedom To Breathe A summary of the “Freedom to Breathe” Act, the substantive changes to the Minnesota Clean Indoor Air Act, passed by the Minnesota legislature in May 2007, 210 Kb
The Framework Convention: Globalizing Tobacco Control. Reducing Tobacco Use: Research into Action, February 28, 2005
Regulation of Tobacco Products: Where We Stand. Reducing Tobacco Use: Research into Action, February 28, 2005
Smoke-Free Policies: Some Legal Perils and Pitfalls, Best of the West Conference, July 23, 2004, 1.8 Mb
Report from the Courts, Best of the West Conference, July 23, 2004, 1.4 Mb
Avoiding Legal Pitfalls in Smoke-Free Ordinance Campaigns, Community Health Conference, September, 2004
Lobbying by Government Employees: Do’s and Don’ts, 521 Kb
Clean Indoor Air and Preemption: The Minnesota Experience, 558 Kb
Tobacco Control Legislation: An Overview March 2004, 2664 Kb
Legal Update: A Report from the Courts Jan. 29, 2004, 2558 Kb
“Get a Lawyer!”: Legal Support for Smoke-free Policy Campaigns Jan. 29, 2004, 760 Kb
Controlling Internet Tobacco Sales: Legal and Practical Challenges Dec. 12, 2003, 917 Kb
Legal Responses to the Tobacco Epidemic: Litigation as a Global Tool August 2003, 1342 Kb