Anti-tobacco Use Legislation
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Smoking bans, or smoke-free laws, are public policies, including
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
s and
occupational safety and health Occupational safety and health (OSH) or occupational health and safety (OHS) is a multidisciplinary field concerned with the safety, health, and welfare of people at work (i.e., while performing duties required by one's occupation). OSH is re ...
regulations, that prohibit
tobacco smoking Tobacco smoking is the practice of burning tobacco and ingesting the resulting smoke. The smoke may be inhaled, as is done with cigarettes, or released from the mouth, as is generally done with pipes and cigars. The practice is believed to hav ...
in certain spaces. The spaces most commonly affected by smoking bans are indoor
workplace A workplace is a location where someone works, for their employer or themselves, a place of employment. Such a place can range from a home office to a large office building or factory. For industrialized societies, the workplace is one of the ...
s and buildings open to the public such as
restaurants A restaurant is an establishment that prepares and serves food and drinks to customers. Meals are generally served and eaten on the premises, but many restaurants also offer take-out and food delivery services. Restaurants vary greatly in app ...
,
bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar ** Chocolate bar * Protein bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a laye ...
s,
office building An office is a space where the employees of an organization perform administrative work in order to support and realize the various goals of the organization. The word "office" may also denote a position within an organization with specific du ...
s,
school A school is the educational institution (and, in the case of in-person learning, the Educational architecture, building) designed to provide learning environments for the teaching of students, usually under the direction of teachers. Most co ...
s, retail stores,
hospital A hospital is a healthcare institution providing patient treatment with specialized Medical Science, health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically ...
s, libraries, transport facilities, and government buildings, in addition to
public transport Public transport (also known as public transit, mass transit, or simply transit) are forms of transport available to the general public. It typically uses a fixed schedule, route and charges a fixed fare. There is no rigid definition of whic ...
vehicles such as aircraft, buses, watercraft, and trains. However, laws may also prohibit smoking in outdoor areas such as parks, beaches, pedestrian plazas, college and hospital campuses, and within a certain distance from the entrance to a building, and in some cases, private vehicles and multi-unit residences. The most common rationale cited for restrictions on smoking is the negative health effects associated with
secondhand smoke Passive smoking is the inhalation of tobacco smoke, called passive smoke, secondhand smoke (SHS) or environmental tobacco smoke (ETS), by individuals other than the active smoker. It occurs when tobacco smoke diffuses into the surrounding atm ...
(SHS), or the inhalation of tobacco smoke by persons who are not smoking. These include diseases such as
heart disease Cardiovascular disease (CVD) is any disease involving the heart or blood vessels. CVDs constitute a class of diseases that includes: coronary artery diseases (e.g. angina pectoris, angina, myocardial infarction, heart attack), heart failure, ...
,
cancer Cancer is a group of diseases involving Cell growth#Disorders, abnormal cell growth with the potential to Invasion (cancer), invade or Metastasis, spread to other parts of the body. These contrast with benign tumors, which do not spread. Po ...
, and
chronic obstructive pulmonary disease Chronic obstructive pulmonary disease (COPD) is a type of progressive lung disease characterized by chronic respiratory symptoms and airflow limitation. GOLD defines COPD as a heterogeneous lung condition characterized by chronic respiratory s ...
. The number of smoking bans around the world increased substantially in the late 20th century and early 21st century due to increased knowledge about these health risks. Many early smoking restrictions merely required the designation of non-smoking areas in buildings, but policies of this type became less common following evidence that they did not eliminate the health concerns associated with SHS. Opinions on smoking bans vary. Many individuals and organizations such as the
World Health Organization The World Health Organization (WHO) is a list of specialized agencies of the United Nations, specialized agency of the United Nations which coordinates responses to international public health issues and emergencies. It is headquartered in Gen ...
(WHO) support smoking bans on the basis that they improve health outcomes by reducing exposure to SHS and possibly decreasing the number of people who smoke, while others oppose smoking bans and assert that they violate individual and
property rights The right to property, or the right to own property (cf. ownership), is often classified as a human right for natural persons regarding their Possession (law), possessions. A general recognition of a right to private property is found more rarely ...
and cause economic hardship, among other issues.


Rationale

Smoking bans are usually enacted in an attempt to protect non-smokers from the effects of
secondhand smoke Passive smoking is the inhalation of tobacco smoke, called passive smoke, secondhand smoke (SHS) or environmental tobacco smoke (ETS), by individuals other than the active smoker. It occurs when tobacco smoke diffuses into the surrounding atm ...
, which include an increased risk of
heart disease Cardiovascular disease (CVD) is any disease involving the heart or blood vessels. CVDs constitute a class of diseases that includes: coronary artery diseases (e.g. angina pectoris, angina, myocardial infarction, heart attack), heart failure, ...
,
cancer Cancer is a group of diseases involving Cell growth#Disorders, abnormal cell growth with the potential to Invasion (cancer), invade or Metastasis, spread to other parts of the body. These contrast with benign tumors, which do not spread. Po ...
,
chronic obstructive pulmonary disease Chronic obstructive pulmonary disease (COPD) is a type of progressive lung disease characterized by chronic respiratory symptoms and airflow limitation. GOLD defines COPD as a heterogeneous lung condition characterized by chronic respiratory s ...
, and other diseases. Laws implementing bans on indoor smoking have been introduced by many countries and other jurisdictions as public knowledge about these health risks increased. (UK Health Secretary: The smoking ban "is a huge step forward for public health and will help reduce deaths from cancer, heart disease and other smoking related diseases") Additional rationales for smoking restrictions include reduced risk of fire in areas with explosive hazards; cleanliness in places where food, pharmaceuticals, semiconductors, or precision instruments and machinery are produced; decreased legal liability; potentially reduced energy use via decreased
ventilation Ventilation may refer to: * Ventilation (physiology), the movement of air between the environment and the lungs via inhalation and exhalation ** Mechanical ventilation, in medicine, using artificial methods to assist breathing *** Respirator, a ma ...
needs; reduced quantities of litter; healthier environments; and giving smokers incentive to quit.


Evidence basis

Research has generated evidence that secondhand smoke causes the same problems as direct smoking, including
lung cancer Lung cancer, also known as lung carcinoma, is a malignant tumor that begins in the lung. Lung cancer is caused by genetic damage to the DNA of cells in the airways, often caused by cigarette smoking or inhaling damaging chemicals. Damaged ...
,
cardiovascular disease Cardiovascular disease (CVD) is any disease involving the heart or blood vessels. CVDs constitute a class of diseases that includes: coronary artery diseases (e.g. angina, heart attack), heart failure, hypertensive heart disease, rheumati ...
, and lung ailments such as
emphysema Emphysema is any air-filled enlargement in the body's tissues. Most commonly emphysema refers to the permanent enlargement of air spaces (alveoli) in the lungs, and is also known as pulmonary emphysema. Emphysema is a lower respiratory tract di ...
,
bronchitis Bronchitis is inflammation of the bronchi (large and medium-sized airways) in the lungs that causes coughing. Bronchitis usually begins as an infection in the nose, ears, throat, or sinuses. The infection then makes its way down to the bronchi. ...
, and
asthma Asthma is a common long-term inflammatory disease of the airways of the lungs. It is characterized by variable and recurring symptoms, reversible airflow obstruction, and easily triggered bronchospasms. Symptoms include episodes of wh ...
. Specifically,
meta-analyses Meta-analysis is a method of synthesis of quantitative data from multiple independent studies addressing a common research question. An important part of this method involves computing a combined effect size across all of the studies. As such, th ...
show that lifelong non-smokers with partners who smoke in the home have a 20–30% greater risk of lung cancer than non-smokers who live with non-smokers. Non-smokers exposed to cigarette smoke in the workplace have an increased lung cancer risk of 16–19%. An epidemiology report by the
Institute of Medicine The National Academy of Medicine (NAM), known as the Institute of Medicine (IoM) until 2015, is an American nonprofit, non-governmental organization. The National Academy of Medicine is a part of the National Academies of Sciences, Engineerin ...
(IOM), convened by the United States
Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the National public health institutes, national public health agency of the United States. It is a Federal agencies of the United States, United States federal agency under the United S ...
(CDC), says that the risk of coronary heart disease is increased by around 25–30% when one is exposed to secondhand smoke. The data shows that even at low levels of exposure, there is a risk, and the risk increases with more exposure. A study issued in 2002 by the
International Agency for Research on Cancer The International Agency for Research on Cancer (IARC; ) is an intergovernmental agency forming part of the World Health Organization of the United Nations. Its role is to conduct and coordinate research into the causes of cancer. It also cance ...
of the World Health Organization concluded that non-smokers are exposed to the same
carcinogen A carcinogen () is any agent that promotes the development of cancer. Carcinogens can include synthetic chemicals, naturally occurring substances, physical agents such as ionizing and non-ionizing radiation, and biologic agents such as viruse ...
s on account of
tobacco Tobacco is the common name of several plants in the genus '' Nicotiana'' of the family Solanaceae, and the general term for any product prepared from the cured leaves of these plants. More than 70 species of tobacco are known, but the ...
smoke as active smokers.
Sidestream smoke Sidestream smoke is smoke which goes into the air directly from a burning cigarette, cigar, or smoking pipe. Sidestream smoke is the main component (around 85%) of second-hand smoke (SHS), also known as Environmental Tobacco Smoke (ETS) or passiv ...
emitted from the burning ends of tobacco products contains 69 known carcinogens, particularly
benzopyrene A benzopyrene is an organic compound with the formula C20H12. Structurally speaking, the colorless isomers of benzopyrene are pentacyclic hydrocarbons and are fusion products of pyrene and a phenylene group. Two isomeric species of benzopyrene ...
and other polynuclear aromatic hydrocarbons, and radioactive decay products, such as
polonium-210 Polonium-210 (210Po, Po-210, historically radium F) is an isotope of polonium. It undergoes alpha decay to stable 206Pb with a half-life of 138.376 days (about months), the longest half-life of all naturally occurring polonium isotopes (210– ...
. Several well-established carcinogens have been shown by the tobacco companies' own research to be present at higher concentrations in secondhand smoke than in mainstream smoke. Scientific organisations confirming the effects of secondhand smoke include the U.S.
National Cancer Institute The National Cancer Institute (NCI) coordinates the United States National Cancer Program and is part of the National Institutes of Health (NIH), which is one of eleven agencies that are part of the U.S. Department of Health and Human Services. ...
, the U.S. Centers for Disease Control and Prevention, the U.S.
National Institutes of Health The National Institutes of Health (NIH) is the primary agency of the United States government responsible for biomedical and public health research. It was founded in 1887 and is part of the United States Department of Health and Human Service ...
, the
Surgeon General of the United States The surgeon general of the United States is the operational head of the United States Public Health Service Commissioned Corps (PHSCC) and thus the leading spokesperson on matters of public health in the federal government of the United States. T ...
, and the World Health Organization.


Air quality in bars and restaurants

Restrictions on smoking in bars and restaurants can substantially improve the air quality in such establishments. For example, one study listed on the website of the CDC states that New York's statewide law to eliminate smoking in enclosed workplaces and public places substantially reduced RSP (respirable suspended particles) levels in western New York hospitality venues. RSP levels were reduced in every venue that permitted smoking before the law was implemented, including venues in which only smoke from an adjacent room was observed at baseline. The CDC concluded that their results were similar to other studies, which also showed substantially improved indoor air quality after smoking bans were instituted. A 2004 study showed
New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...
bars and restaurants had more than nine times the levels of indoor air pollution of neighbouring New York City, which had already enacted its smoking ban. Research has also shown that improved air quality translates to decreased
toxin A toxin is a naturally occurring poison produced by metabolic activities of living cells or organisms. They occur especially as proteins, often conjugated. The term was first used by organic chemist Ludwig Brieger (1849–1919), derived ...
exposure among employees. For example, among employees of the Norwegian establishments that enacted smoking restrictions, tests showed decreased levels of
nicotine Nicotine is a natural product, naturally produced alkaloid in the nightshade family of plants (most predominantly in tobacco and ''Duboisia hopwoodii'') and is widely used recreational drug use, recreationally as a stimulant and anxiolytic. As ...
in the urine of both smoking and non-smoking workers (as compared with measurements before going smoke-free).


Public Health Law Research

In 2009, the Public Health Law Research Program, a national program office of the US-based
Robert Wood Johnson Foundation The Robert Wood Johnson Foundation (RWJF) is an American philanthropic organization. It is the largest one focused solely on health. Based in Princeton, New Jersey, the foundation focuses on access to health care, public health, health equity, ...
, published an evidence brief summarising the research assessing the effect of a specific law or policy on public health. They stated that "There is strong evidence supporting smoking bans and restrictions as effective public health interventions aimed at decreasing exposure to secondhand smoke."


History

One of the world's earliest smoking bans was a 1575
Roman Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
regulation which forbade the use of tobacco in any church in Mexico. In 1590,
Pope Urban VII Pope Urban VII (; ; 4 August 1521 – 27 September 1590), born Giovanni Battista Castagna, was head of the Catholic Church, and ruler of the Papal States from 15 to 27 September 1590. His papacy was the shortest recognized in history. Castagn ...
moved against smoking in church buildings. He threatened to
excommunicate Excommunication is an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular those of being in communion with other members of the co ...
anyone who "took tobacco in the porchway of or inside a church, whether it be by chewing it, smoking it with a pipe or sniffing it in powdered form through the nose".
Pope Urban VIII Pope Urban VIII (; ; baptised 5 April 1568 – 29 July 1644), born Maffeo Vincenzo Barberini, was head of the Catholic Church and ruler of the Papal States from 6 August 1623 to his death, in July 1644. As pope, he expanded the papal terri ...
imposed similar restrictions in 1624. In 1604 King
James VI and I James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and King of Ireland, Ireland as James I from the union of the Scottish and English crowns on 24 M ...
published an anti-smoking treatise, ''
A Counterblaste to Tobacco ''A Counterblaste to Tobacco'' is a treatise written by King James VI and I in 1604. In it he expresses his distaste for tobacco and tobacco-smoking.Steve Luck, ''The Complete Guide to Cigars: An Illustrated Guide to the World's Finest Cigars'' ...
'', that had the effect of raising taxes on tobacco. Russia banned tobacco for 70 years from 1627. The Ottoman Sultan
Murad IV Murad IV (, ''Murād-ı Rābiʿ''; , 27 July 1612 – 8  February 1640) was the sultan of the Ottoman Empire from 1623 to 1640, known both for restoring the authority of the state and for the brutality of his methods. Murad I ...
prohibited smoking in his empire in 1633 and had smokers
executed Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
. The earliest citywide European smoking bans were enacted shortly thereafter. Such bans were enacted in
Bavaria Bavaria, officially the Free State of Bavaria, is a States of Germany, state in the southeast of Germany. With an area of , it is the list of German states by area, largest German state by land area, comprising approximately 1/5 of the total l ...
,
Kursachsen The Electorate of Saxony, also known as Electoral Saxony ( or ), was a territory of the Holy Roman Empire from 1356 to 1806 initially centred on Wittenberg that came to include areas around the cities of Dresden, Leipzig and Chemnitz. It was a ...
, and certain parts of Austria in the late 17th century. Smoking was banned in Berlin in 1723, in
Königsberg Königsberg (; ; ; ; ; ; , ) is the historic Germany, German and Prussian name of the city now called Kaliningrad, Russia. The city was founded in 1255 on the site of the small Old Prussians, Old Prussian settlement ''Twangste'' by the Teuton ...
in 1742, and in
Stettin Szczecin ( , , ; ; ; or ) is the capital and largest city of the West Pomeranian Voivodeship in northwestern Poland. Located near the Baltic Sea and the German border, it is a major seaport, the largest city of northwestern Poland, and se ...
in 1744. These bans were repealed in the
revolutions of 1848 The revolutions of 1848, known in some countries as the springtime of the peoples or the springtime of nations, were a series of revolutions throughout Europe over the course of more than one year, from 1848 to 1849. It remains the most widespre ...
. Before 1865, Russia had a ban on smoking in the streets. The first building in the world to ban smoking was the Old Government Building in
Wellington Wellington is the capital city of New Zealand. It is located at the south-western tip of the North Island, between Cook Strait and the Remutaka Range. Wellington is the third-largest city in New Zealand (second largest in the North Island ...
, New Zealand in 1876. The ban related to concerns about the threat of fire, as it is the second largest wooden building in the world. The first modern attempt at restricting smoking saw Nazi Germany banning smoking in every university, post office, military hospital, and Nazi Party office, under the auspices of Karl Astel's Institute for Tobacco Hazards Research, established in 1941 under orders from
Adolf Hitler Adolf Hitler (20 April 1889 – 30 April 1945) was an Austrian-born German politician who was the dictator of Nazi Germany from 1933 until Death of Adolf Hitler, his suicide in 1945. Adolf Hitler's rise to power, He rose to power as the lea ...
. The Nazis conducted major anti-tobacco campaigns until the demise of their regime in 1945. In the latter part of the 20th century, as research on the risks of secondhand tobacco smoke became public, the
tobacco industry The tobacco industry comprises those persons and companies who are engaged in the growth, preparation for sale, shipment, advertisement, and distribution of tobacco and tobacco-related products. It is a global industry; tobacco can grow in any ...
launched "courtesy awareness" campaigns. Fearing reduced sales, the industry began a media and legislative programme that focused on "accommodation". Tolerance and courtesy were encouraged as a way to ease heightened tensions between smokers and those around them, while avoiding smoking bans. In the US, states were encouraged to pass laws providing separate smoking sections. In 1975, the U.S.
state of Minnesota Minnesota ( ) is a state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the south, and Nor ...
enacted the ''Minnesota Clean Indoor Air Act'', making it the first state to restrict smoking in most public spaces. At first restaurants were required to have "No Smoking" sections, and bars were exempt from the Act. As of 1 October 2007 Minnesota enacted a ban on smoking in all restaurants and bars statewide, called the Freedom to Breathe Act of 2007. The resort town of
Aspen, Colorado Aspen is the List of municipalities in Colorado#Home rule municipality, home rule city that is the county seat and the List of municipalities in Colorado, most populous municipality of Pitkin County, Colorado, United States. The city population ...
became the first city in the US to restrict smoking in restaurants in 1985, though it allowed smoking in areas that were separately ventilated. On 3 April 1987, the city of
Beverly Hills, California Beverly Hills is a city located in Los Angeles County, California, United States. A notable and historic suburb of Los Angeles, it is located just southwest of the Hollywood Hills, approximately northwest of downtown Los Angeles. Beverly Hills ...
initiated an ordinance to restrict smoking in most restaurants, in retail stores, and at public meetings. It exempted restaurants in hotels – City Council members reasoned that hotel restaurants catered to large numbers of visitors from abroad, where smoking is more acceptable than in the United States. In 1990, the city of
San Luis Obispo, California ; ; ; Chumashan languages, Chumash: ''tiłhini'') is a city and county seat of San Luis Obispo County, California, United States. Located on the Central Coast (California), Central Coast of California, San Luis Obispo is roughly halfway betwee ...
became the first city in the world to restrict indoor smoking in bars as well as in restaurants. The ban did not include workplaces, but covered all other indoor public spaces and its enforcement was somewhat limited. In the United States, California's 1998 smoking ban encouraged other states such as
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
to implement similar regulations. California's ban included a controversial restriction on smoking in bars, extending the statewide ban enacted in 1994. As of April 2009, there were 37 states with some form of smoking ban. Some areas in California began banning smoking across whole cities, including every place except residential homes. More than 20 cities in
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
enacted park- and beach-smoking restrictions. In May 2011, New York City expanded its previously implemented smoking ban by banning smoking in parks, beaches and boardwalks, public golf courses and other areas controlled by the
New York City Parks Department The New York City Department of Parks and Recreation, also called the Parks Department or NYC Parks, is the department of the government of New York City responsible for maintaining the city's parks system, preserving and maintaining the ecolog ...
. In recent years New York City has passed administrative codes §17-502 and §17-508 forcing landlords of privately owned buildings, cooperatives, and condominiums to adopt a smoking policy into all leases. These codes oblige landlords to enact provisions telling tenants the exact locations where they can or can not smoke. In January 2010, the mayor of
Boston, Massachusetts Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
,
Thomas Menino Thomas Michael Menino (December 27, 1942 – October 30, 2014) was an American politician who served as the mayor of Boston, from 1993 to 2014. He was the city's longest-serving mayor. He was elected mayor in 1993 after first serving three mont ...
, proposed a restriction upon smoking inside public housing apartments under the jurisdiction of the
Boston Housing Authority The Boston Housing Authority (BHA) is a public agency within the city of Boston, Massachusetts that provides subsidized public housing to low- and moderate-income families and individuals. The BHA is not a municipal agency, but a separate local ...
. From December 1993, in
Peru Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...
, it became illegal to smoke in any public enclosed place and any public transport vehicle (according to Law 25357 issued on 27 November 1991 and its regulations issued on 25 November 1993 by decree D.S.983-93-PCM). There is also legislation restricting publicity, and it is also illegal (Law 26957 21 May 1998) to sell tobacco to minors or directly to advertise tobacco within 500m of schools (Law 26849 9 Jul 1997). On 11 November 1975
Italy Italy, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land b ...
banned smoking on public transit vehicles (except for smokers' rail carriages) and in some public buildings (hospitals, cinemas, theatres, museums, universities, and libraries). After an unsuccessful attempt in 1986, on 16 January 2003 the Italian parliament passed the '' Legge Sirchia'', which would ban smoking in all indoor public places, including bars, restaurants, discotheques and offices from 10 January 2005. On 3 December 2003,
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
passed legislation to progressively implement a smoking ban in schools, school grounds, and workplaces by December 2004. On 29 March 2004, the
Republic of Ireland Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...
implemented a nationwide ban on smoking in all workplaces. In Norway, similar legislation came into force on 1 June the same year. In
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
, Andy Kerr, the Minister for Health and Community Care, introduced a ban on smoking in public areas on 26 March 2006. Smoking was banned in all public places in the whole of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
in 2007, when
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
became the final region to have the legislation come into effect (the age limit for buying tobacco also increased from 16 to 18 on 1 October 2007). On 12 July 1999, a Division Bench of the
Kerala High Court The High Court of Kerala is the List of high courts in India, highest court in the Indian state of Kerala and the Union territory of Lakshadweep. It is located in Kochi. Drawing its powers under Article 226 of the Constitution of India, the Hig ...
in India banned smoking in public places by declaring "public smoking as illegal first time in the history of the whole world, unconstitutional and violative of Article 21 of the Constitution". The Bench, headed by Dr. Justice K. Narayana Kurup, held that "tobacco smoking" in public places (in the form of cigarettes, cigars,
beedi A beedi (also spelled bidi or biri) is a thin cigarette or cigar, mini-cigar filled with tobacco flake and commonly wrapped in a tendu (''Diospyros melanoxylon'') or ''Piliostigma racemosum'' leaf tied with a string or adhesive at one end. It ...
es or otherwise) "falls within the mischief of the penal provisions relating to public nuisance as contained in the
Indian Penal Code The Indian Penal Code (IPC) was the official criminal code of the Republic of India, inherited from British India after independence. It remained in force until it was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) in December 2023 ...
and also the definition of air pollution as contained in the statutes dealing with the protection and preservation of the environment, in particular, the Air (Prevention and Control of Pollution), Act 1981." In 2003, India introduced a law that banned smoking in public places like restaurants, public transport, or schools. The same law also made it illegal to advertise cigarettes or other tobacco products. In 2010
Nepal Nepal, officially the Federal Democratic Republic of Nepal, is a landlocked country in South Asia. It is mainly situated in the Himalayas, but also includes parts of the Indo-Gangetic Plain. It borders the Tibet Autonomous Region of China Ch ...
planned to enact a new anti-smoking bill that would ban smoking in public places and outlaw all tobacco advertising to prevent young people from smoking. On 31 May 2011
Venezuela Venezuela, officially the Bolivarian Republic of Venezuela, is a country on the northern coast of South America, consisting of a continental landmass and many Federal Dependencies of Venezuela, islands and islets in the Caribbean Sea. It com ...
introduced a ban on smoking in all enclosed public and commercial spaces, including malls, restaurants, bars, discos, workplaces, etc. Smoking was first restricted in schools, hospitals, trains, buses, and train stations in
Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...
in 1996. In 2008, a more comprehensive smoking ban was implemented, covering all public indoor venues. The Plage Lumière beach in
La Ciotat La Ciotat (; ; in Mistralian spelling ''La Ciéutat''; 'the City') is a Communes of France, commune in the Bouches-du-Rhône Departments of France, department in the Provence-Alpes-Côte d'Azur Regions of France, region in Southern France. It ...
,
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
, became the first beach in Europe to restrict smoking from August 2011, to encourage more tourists to visit the beach. In 2012, smoking in Costa Rica became subject to some of the most restrictive regulations in the world, with the practice being banned from many outdoor recreational and educational areas as well as in public buildings and vehicles.


Public support

According to a 2018 Gallup poll, 25% of U.S. adults believe that smoking should be completely banned in the country, marking the highest level of support recorded by Gallup so far. Previously, the percentage of adults supporting this measure had fluctuated between 11% and 24% over nearly thirty years of Gallup's tracking. Another poll conducted by Kantor, of over 28,000 Europeans in 2020, found that seven in ten people support banning the use of e-cigarettes or heated tobacco products in areas where smoking is prohibited, reflecting an increase of seven percentage points since 2017. Relative majorities also favor the other two control policies surveyed: banning flavors in e-cigarettes, with 47% support (up by 7 points since 2017), and introducing plain packaging for cigarettes, also supported by 47% (up by 1 point). A February 2021 study (based on fieldwork done from August to September of 2020) reported that in all countries except Croatia, less than half of the respondents reported seeing people smoking inside the last time they visited a drinking establishment, such as a bar. Croatia stands out with 73% of respondents indicating this. In other countries, the proportions range from 47% in Cyprus, 45% in Slovakia, and 31% in Denmark, to only 3% in Sweden, 5% in Hungary, and 7% in Austria. These results indicate that despite the presence of indoor smoking bans across the EU, indoor tobacco smoke in drinking establishments remains an issue in several countries.


Effects


Effects upon health

Several studies have documented health and economic benefits related to smoking bans. A 2009 report by the
Institute of Medicine The National Academy of Medicine (NAM), known as the Institute of Medicine (IoM) until 2015, is an American nonprofit, non-governmental organization. The National Academy of Medicine is a part of the National Academies of Sciences, Engineerin ...
concluded that smoking bans reduced the risk of coronary heart disease and heart attacks, but the report's authors were unable to identify the magnitude of this reduction. Also in 2009, a
systematic review A systematic review is a scholarly synthesis of the evidence on a clearly presented topic using critical methods to identify, define and assess research on the topic. A systematic review extracts and interprets data from published studies on ...
and
meta-analysis Meta-analysis is a method of synthesis of quantitative data from multiple independent studies addressing a common research question. An important part of this method involves computing a combined effect size across all of the studies. As such, th ...
found that bans on smoking in public places were associated with a significant reduction of incidence of heart attacks. The lead author of this meta-analysis, David Meyers, said that this review suggested that a nationwide ban on smoking in public places could prevent between 100,000 and 225,000 heart attacks in the United States each year. A 2012 meta-analysis found that smoke-free legislation was associated with a lower rate of hospitalizations for cardiac,
cerebrovascular Cerebrovascular disease includes a variety of medical conditions that affect the blood vessels of the brain and the cerebral circulation. Arteries supplying oxygen and nutrients to the brain are often damaged or deformed in these disorders. Th ...
, and
respiratory disease Respiratory diseases, or lung diseases, are pathological conditions affecting the organs and tissues that make gas exchange difficult in air-breathing animals. They include conditions of the respiratory tract including the trachea, bronchi, ...
s, and that "More comprehensive laws were associated with larger changes in risk." The senior author of this meta-analysis,
Stanton Glantz Stanton Arnold Glantz (born 1946) is an American professor, author, and tobacco control activist. Glantz is a faculty member at the University of California, San Francisco (UCSF) School of Medicine, where he is a Professor of Medicine (retired) in ...
, told ''
USA Today ''USA Today'' (often stylized in all caps) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth in 1980 and launched on September 14, 1982, the newspaper operates from Gannett's corporate headq ...
'' that, concerning exemptions for certain facilities from smoking bans, "The politicians who put those exemptions in are condemning people to be put into the emergency room." A 2013 review found that smoking bans were associated with "significant reduction in acute MI nowiki/>myocardial infarction">myocardial_infarction.html" ;"title="nowiki/>myocardial infarction">nowiki/>myocardial infarctionrisk", but noted that "studies with smaller population in the United States usually reported larger reductions, while larger studies reported relatively modest reductions". A 2014 systematic review and meta-analysis found that smoke-free legislation was associated with approximately 10% reductions in preterm births and hospital attendance for
asthma Asthma is a common long-term inflammatory disease of the airways of the lungs. It is characterized by variable and recurring symptoms, reversible airflow obstruction, and easily triggered bronchospasms. Symptoms include episodes of wh ...
, but not with a decrease in
low birth weight Low birth weight (LBW) is defined by the World Health Organization as a birth weight of an infant of or less, regardless of gestational age. Infants born with LBW have added health risks which require close management, often in a neonatal inten ...
. A 2016 Cochrane review found that since the previous version of that review was published in 2010, the evidence that smoking bans improved health outcomes had become more robust, especially with respect to
acute coronary syndrome Acute coronary syndrome (ACS) is a syndrome due to decreased blood flow in the coronary arteries such that part of the heart muscle is unable to function properly or dies. The most common symptom is centrally located pressure-like chest pain, ...
admissions. However, other studies came to the conclusion that smoking bans have little or no short-term effect on myocardial infarction rates and other diseases. A 2010 study from the US used huge nationally representative databases to compare smoking-restricted areas with control areas and found no associations between smoking bans and short-term declines in heart attack rates. The authors have also analyzed smaller studies using subsamples and revealed that large short-term increases in myocardial infarction incidence following a smoking ban are as common as the large decreases.


Effects upon tobacco consumption

Smoking bans are generally acknowledged to reduce rates of smoking; smoke-free workplaces reduce smoking rates among workers, and restrictions upon smoking in public places reduce general smoking rates through a combination of stigmatisation and reduction in the social cues for smoking. The
World Health Organization The World Health Organization (WHO) is a list of specialized agencies of the United Nations, specialized agency of the United Nations which coordinates responses to international public health issues and emergencies. It is headquartered in Gen ...
considers smoking bans to influence reducing demand for tobacco by producing an environment where smoking becomes increasingly more difficult and to help shift social norms away from the acceptance of smoking in everyday life. Along with tax measures, cessation measures, and education, smoking bans are viewed by public health experts as an important element in reducing smoking rates and promoting positive health outcomes. When effectively implemented, they are seen as an important element of policy to support behaviour change in favour of a healthy lifestyle. However, reports in the popular press after smoking bans have been enacted often present conflicting accounts as regards perceptions of effectiveness. One report stated that cigarette sales in Ireland and Scotland increased after their smoking bans were implemented. In contrast, another report states that in Ireland, cigarette sales fell by 16% in the six months after implementation of the ban. In the UK, cigarette sales fell by 11% during July 2007, the first month of the nationwide smoking ban, compared with July 2006. A 1992 document from Phillip Morris summarised the tobacco industry's concern about the effects of smoking bans: "Total prohibition of smoking in the workplace strongly effects tobacco industry volume. Smokers facing these restrictions consume 11%–15% less than average and quit at a rate that is 84% higher than average." In the United States, the CDC reported a levelling-off of smoking rates in recent years despite a large number of ever more comprehensive smoking bans and large tax increases. It has also been suggested that a "backstop" of hardcore smokers has been reached: those unmotivated and increasingly defiant in the face of further legislation. The smoking ban in New York City was credited with the reduction in adult smoking rates at nearly twice the rate as in the rest of the country, "and life expectancy has climbed three years in a decade". In
Sweden Sweden, formally the Kingdom of Sweden, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. It borders Norway to the west and north, and Finland to the east. At , Sweden is the largest Nordic count ...
, use of
snus Snus (, ; ) is a Swedish smokeless tobacco, tobacco product. It is consumed by placing a pouch of powdered tobacco leaves under the lip for nicotine to be absorbed through the Mucous membrane, oral mucosa. Snus, not to be confused with Nicoti ...
, as an alternative to smoking, has risen steadily since that nation's smoking ban. Smoking restrictions may make it easier for smokers to quit. A survey suggests 22% of UK smokers may have considered quitting in response to that nation's smoking ban. Restaurant smoking restrictions may help to stop young people from becoming habitual smokers. A study of
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
youths, found that those in towns with smoking bans were 35 percent less likely to be habitual smokers.


Economic impact

Many studies have been published in the health industry literature on the economic effects of smoking bans. The majority of these government and academic studies have found that there is no negative economic impact associated with smoking restrictions and many have found that there may be a positive effect on local businesses. A 2003 review of 97 such studies of the economic effects of a smoking ban on the hospitality industry found that the "best-designed" studies concluded that smoking bans did not harm businesses. Similarly, a 2014 meta-analysis found no significant gains or losses in revenue in restaurants and bars affected by smoking bans. In addition, such laws may reduce
health care Health care, or healthcare, is the improvement or maintenance of health via the preventive healthcare, prevention, diagnosis, therapy, treatment, wikt:amelioration, amelioration or cure of disease, illness, injury, and other disability, physic ...
costs, improve work productivity, and lower the overall cost of labour in the community thus protected, making that workforce more attractive for employers. Studies funded by the bar and restaurant associations have sometimes claimed that smoking bans hurt restaurant and bar profits. Such associations have also criticised studies which found that such legislation had no impact. Many bar and restaurant associations have relationships with the tobacco industry and are sponsored by them.


Australia

A government survey in
Sydney Sydney is the capital city of the States and territories of Australia, state of New South Wales and the List of cities in Australia by population, most populous city in Australia. Located on Australia's east coast, the metropolis surrounds Syd ...
found that the proportion of the population attending pubs and clubs rose after smoking was banned inside them. However, a ClubsNSW report in August 2008 blamed the smoking ban for
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
clubs suffering their worst fall in income ever, amounting to a decline of $385 million. Income for clubs was down 11% in New South Wales. Sydney CBD club income fell 21.7% and Western Sydney clubs lost 15.5%.


Germany

Some smoking restrictions were introduced in German hotels, restaurants, and bars in 2008 and early 2009. The restaurant industry has claimed that some businesses in the states that restricted smoking in late 2007 (
Lower Saxony Lower Saxony is a States of Germany, German state (') in Northern Germany, northwestern Germany. It is the second-largest state by land area, with , and fourth-largest in population (8 million in 2021) among the 16 ' of the Germany, Federal Re ...
,
Baden-Württemberg Baden-Württemberg ( ; ), commonly shortened to BW or BaWü, is a states of Germany, German state () in Southwest Germany, east of the Rhine, which forms the southern part of Germany's western border with France. With more than 11.07 million i ...
, and
Hesse Hesse or Hessen ( ), officially the State of Hesse (), is a States of Germany, state in Germany. Its capital city is Wiesbaden, and the largest urban area is Frankfurt, which is also the country's principal financial centre. Two other major hist ...
n) experienced reduced profits. The German Hotel and Restaurant Association (DEHOGA) claimed that the smoking ban deterred people from going out for a drink or meal, stating that 15% of establishments that adopted a ban in 2007 saw turnover fall by around 50%. However, a study by the
University of Hamburg The University of Hamburg (, also referred to as UHH) is a public university, public research university in Hamburg, Germany. It was founded on 28 March 1919 by combining the previous General Lecture System ('':de:Allgemeines Vorlesungswesen, ...
(Ahlfeldt and Maennig 2010) finds negative impacts on revenues, if any, only in the very short run. In the medium and long run, a recovery of revenues took place. These results suggest either that the consumption in bars and restaurants is not affected by smoking bans in the long run, or that negative revenue impacts from smokers are compensated by increasing revenues from non-smokers.


Ireland

The
Republic of Ireland Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...
was the first country to introduce fully smoke-free workplaces (29 March 2004, after it was delayed from 1 January 2004). The Irish workplace smoke-free law was introduced to protect workers from secondhand smoke and to discourage smoking in a nation with a high percentage of smokers. In Ireland, the main opposition to the ban came from publicans. Many pubs introduced "outdoor" arrangements (generally heated areas with shelters). It was speculated by opponents that the smoke-free workplaces law would increase the amount of drinking and smoking in the home, but recent studies showed this was not the case. Ireland's Office of Tobacco Control website indicates that "an evaluation of the official hospitality sector data shows there has been no adverse economic effect from the introduction of this measure (the March 2004 national smoking ban in bars, restaurants, etc), despite claims that the smoke-free law was a significant contributing factor to the closure of hundreds of small rural pubs, with almost 440 fewer licences renewed in 2006 than in 2005."


United Kingdom

Smoking bans were enacted in
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
on 26 March 2006, in
Wales Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
on 2 April 2007, in
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
on 30 April 2007, and in
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
on 1 July 2007. The legislation was cited as an example of good regulation which has had a favourable impact on the UK economy by the
Department for Business, Innovation and Skills The Department for Business, Innovation and Skills (BIS) was a ministerial department of the Government of the United Kingdom. It was created by the Gordon Brown premiership on 5 June 2009 by the merger of the Department for Innovation, Uni ...
, and a review of the impact of smoke-free legislation carried out for the
Department of Health A health department or health ministry is a part of government which focuses on issues related to the general health of the citizenry. Subnational entities, such as states, counties and cities, often also operate a health department of their o ...
concluded that there was no clear adverse impact on the hospitality industry despite initial criticism from some voices within the pub trade. Six months after implementation in Wales, the Licensed Victuallers Association (LVA), which represents pub operators across Wales, claimed that pubs had lost up to 20% of their trade. The LVA said some businesses were on the brink of closure, others had already closed down, and there was little optimism that trade would eventually return to previous levels. The
British Beer and Pub Association The British Beer and Pub Association is the drinks and hospitality industry's largest and most influential trade association representing some 90% of UK brewing (by volume) and the ownership of around 20,000 of the nation's pubs. History The A ...
(BBPA), which represents some pubs and breweries across the UK, claimed that beer sales were at their lowest level since the 1930s, ascribing a fall in sales of 7% during 2007 to the smoke-free regulations. According to a survey conducted by pub and bar trade magazine ''The Publican'', the anticipated increase in sales of food following the introduction of smoke-free workplaces did not immediately occur. The trade magazine's survey of 303 pubs in the United Kingdom found the average customer spent £14.86 on food and drink at dinner in 2007, virtually identical to 2006. A survey conducted by BII (formerly British Institute of Innkeeping) and the Federation of Licensed Victuallers' Associations (FLVA) concluded that sales had decreased by 7.3% in the 5 months since the introduction of smoke-free workplaces on 1 July 2007. Of the 2,708 responses to the survey, 58% of licensees said they had seen smokers visiting less regularly, while 73% had seen their smoking customers spending less time at the pub.


United States

In the US, smokers and hospitality businesses initially argued that businesses would suffer from no-smoking laws. However, a 2006 review by the
U.S. Surgeon General The surgeon general of the United States is the operational head of the United States Public Health Service Commissioned Corps (PHSCC) and thus the leading spokesperson on matters of public health in the federal government of the United States. T ...
found that smoking restrictions were unlikely to harm businesses in practice, and that many restaurants and bars might see increased business. In 2003, New York City amended its smoke-free law to include virtually all restaurants and bars, including those in private clubs, making it, along with the California smoke-free law, one of the toughest in the United States. The city's Department of Health found in a 2004 study that air pollution levels had decreased sixfold in bars and restaurants after the restrictions went into effect, and that New Yorkers had reported less secondhand smoke in the workplace. The study also found the city's restaurants and bars prospered despite the smoke-free law, with increases in jobs, liquor licenses, and business tax payments. The president of the New York Nightlife Association remarked that the study was not wholly representative, as by not differentiating between restaurants and nightclubs, the reform may have caused businesses like nightclubs and bars to suffer instead. A 2006 study by the
New York State Department of Health The New York State Department of Health is the department of the Government of New York (state), New York state government responsible for public health. Its regulations are compiled in title 10 of the ''New York Codes, Rules and Regulations''. ...
found that "the CIAA has not had any significant negative financial effect on restaurants and bars in either the short or the long term". On 19 December 1990,
Carl's Jr. Carl's Jr. Restaurants LLC is an American fast-food restaurant chain store, chain owned by CKE Restaurants, CKE Restaurant Holdings, Inc., who also owns Hardee's, with franchisees in North and South America, Asia, Oceania, Europe, and Africa. ...
became the first large fast-food chain to ban smoking in all of its company-owned restaurants. On 1 April 1993,
Showbiz Pizza Time Inc. Chuck E. Cheese (formerly known as Chuck E. Cheese's Pizza Time Theatre, Chuck E. Cheese's Pizza, and simply Chuck E. Cheese's) is an American entertainment restaurant chain founded in May 1977.Chuck E. Cheese, banned smoking in its restaurants. On 26 January 1994, Arby's Inc. announced it would ban smoking indoors in its 257 company-owned locations later that year. Dairy Queen Inc., having banned indoor smoking in company-owned locations in 1993, announced that it would urge 6,000 Dairy Queen,
Orange Julius Orange Julius is an American chain of beverage stores, known for a frothy, smoothie-like fruit drink also called an Orange Julius. The chain has been in business since the late 1920s. The signature beverage is a mixture of ice, orange juice, swe ...
, and Karmel Korn franchise owners to put a ban on smoking inside their restaurants. On 24 February 1994, fast-food restaurant
McDonald's McDonald's Corporation, doing business as McDonald's, is an American Multinational corporation, multinational fast food chain store, chain. As of 2024, it is the second largest by number of locations in the world, behind only the Chinese ch ...
announced that it would ban smoking inside its 1,400 company-owned restaurants effective immediately and would "continue to actively encourage our franchises to make their restaurants smoke-free, and more are voluntarily doing so every day."
Taco Bell Taco Bell Corp. is an American multinational chain of fast food restaurants founded in 1962 by Glen Bell (1923–2010) in Downey, California. Taco Bell is a subsidiary of Yum! Brands, Inc. The restaurants serve a variety of Mexican-inspired ...
announced a similar ban on its company-owned restaurants on 15 March 1994. On 21 December 2000,
Wendy's International Inc. The Wendy's Company is an American fast food corporation and the holding company for Wendy's and First Kitchen. Originally founded as the Deisel-Wemmer Company, it is sourced in Dublin, Ohio. The company's principal subsidiary, Wendy's Internatio ...
announced an agreement to ban smoking in its company-owned restaurants by 31 March 2001, with implemented effective dates of "Jan. 1 in the West, Feb. 1 in the Southeast, March 1 in upper northern states, and March 31 in the Midwest and Northeast." On 11 August 2005,
Yum! Brands Yum! Brands, Inc. (sometimes called simply Yum!) is an American multinational fast food corporation. It is a spin-off of PepsiCo, after they acquired KFC, Pizza Hut, and Taco Bell. PepsiCo divested the brands in 1997, and these consolidated as ...
, parent company of
KFC KFC Corporation, doing business as KFC (an abbreviation of Kentucky Fried Chicken), is an American fast food restaurant chain specializing in fried chicken and chicken sandwiches. Headquartered in Louisville, Kentucky, it is the world's se ...
and
Pizza Hut Pizza Hut, LLC is an American multinational pizza restaurant chain and international franchise founded in 1958 in Wichita, Kansas, by brothers Dan and Frank Carney. The chain, headquartered in Plano, Texas, operates 19,866 restaurants worldw ...
restaurants, announced that it would ban smoking inside some 1,200 KFCs and 1,675 Pizza Huts that were company-owned beginning the following week and encourage the ban to its franchise operators. In
Wauwatosa, Wisconsin Wauwatosa ( ; colloquially Tosa) is a city in Milwaukee County, Wisconsin, United States. The population was 48,387 at the 2020 United States census, 2020 census. Wauwatosa is a suburb located immediately west of Milwaukee and is part of the Milwa ...
, three restaurants received short-term exemptions from a local smoke-free ordinance in restaurants when they managed to demonstrate financial suffering because of it. A bar received the first hardship exemption in Washington, D.C. Maryland also has provisions for hardship exemptions.


Effects upon musical instruments

Bellows-driven instruments – such as the
accordion Accordions (from 19th-century German language, German ', from '—"musical chord, concord of sounds") are a family of box-shaped musical instruments of the bellows-driven free reed aerophone type (producing sound as air flows past a Reed (mou ...
,
concertina A concertina is a free-reed musical instrument, like the various accordions and the harmonica. It consists of expanding and contracting bellows, with buttons (or keys) usually on both ends, unlike accordion buttons, which are on the front. The ...
,
melodeon Melodeon may refer to: *Melodeon (accordion), a type of button accordion *Melodeon (organ) The pump organ or reed organ is a type of organ that uses free reed aerophone, free reeds to generate sound, with air passing over vibrating thin metal ...
and (Irish) Uilleann bagpipes – reportedly need less frequent cleaning and maintenance as a result of the Irish smoke-free law. " Third-hand smoke", solid particulates from secondhand smoke that are adsorbed onto surfaces and later re-emitted as gases or transferred through touch, are a particular problem for musicians. After playing in smoky bars, instruments can emit
nicotine Nicotine is a natural product, naturally produced alkaloid in the nightshade family of plants (most predominantly in tobacco and ''Duboisia hopwoodii'') and is widely used recreational drug use, recreationally as a stimulant and anxiolytic. As ...
, 3-ethenylpyridine (3-EP),
phenol Phenol (also known as carbolic acid, phenolic acid, or benzenol) is an aromatic organic compound with the molecular formula . It is a white crystalline solid that is volatile and can catch fire. The molecule consists of a phenyl group () ...
,
cresol Cresols (also known as hydroxytoluene, toluenol, benzol or cresylic acid) are a group of aromatic organic compounds. They are widely-occurring phenols (sometimes called ''phenolics'') which may be either natural or manufactured. They are also c ...
s,
naphthalene Naphthalene is an organic compound with formula . It is the simplest polycyclic aromatic hydrocarbon, and is a white Crystal, crystalline solid with a characteristic odor that is detectable at concentrations as low as 0.08 Parts-per notation ...
,
formaldehyde Formaldehyde ( , ) (systematic name methanal) is an organic compound with the chemical formula and structure , more precisely . The compound is a pungent, colourless gas that polymerises spontaneously into paraformaldehyde. It is stored as ...
, and
tobacco-specific nitrosamines Tobacco-specific nitrosamines (TSNAs) comprise one of the most important groups of carcinogens in tobacco products, particularly cigarettes (traditional and electronic) and fermented dipping snuff. Background These nitrosamine carcinogens are fo ...
(including some not found in freshly-emitted tobacco smoke), which can enter musicians' bodies through the skin, or be re-emitted as gases after they have left the smoky environment. Concern about third-hand smoke on instruments is one of the reasons many musicians, represented by the New Orleans Musicians' Clinic, supported the smoking ban there.


Effects of prison smoking restrictions

Prison A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...
s are increasingly restricting tobacco smoking. In the United States, 24 states prohibit indoor smoking whereas California,
Nebraska Nebraska ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Ka ...
,
Arkansas Arkansas ( ) is a landlocked state in the West South Central region of the Southern United States. It borders Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, Texas to the southwest, and Oklahoma ...
, and
Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...
prohibit smoking on the entire prison grounds. In July 2004 the
Federal Bureau of Prisons The Federal Bureau of Prisons (BOP) is a Federal law enforcement in the United States, federal law enforcement agency of the United States Department of Justice that is responsible for all List of United States federal prisons, federal prisons ...
adopted a smoke-free policy for its facilities. The 1993
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
ruling in '' Helling v. McKinney'' acknowledged that a prisoner's exposure to secondhand smoke could be regarded as
cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdi ...
(which would be in violation of the Eighth Amendment). A 1997 ruling in
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
established that prison smoking bans do not constitute cruel and unusual punishment. Many officials view prison smoking bans as a means of reducing health-care costs. Except for
Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...
, all
Canadian provinces Canada has ten provinces and three territories that are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, N ...
have banned smoking indoors and outdoors in all their prison facilities. Prison officials and guards are sometimes worried due to previous events in other prisons concerning riots, fostering a cigarette black market within the prison, and other problems resulting from total prison smoking restrictions. Prisons have experienced riots when placing smoking restrictions into effect, resulting in prisoners setting fires and destroying prison property, and persons being assaulted, injured, and stabbed. One prison in Canada had some guards reporting breathing difficulties from the fumes of prisoners smoking artificial cigarettes made from nicotine patches lit by creating sparks from inserting metal objects into electrical outlets. For example in 2008, the Orsainville Detention Centre near Quebec City, withdrew its smoke-free provision following a riot. But the feared increase in tension and violence expected in association with smoking restrictions has generally not been experienced in practice. Prison smoking bans are also in force in
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
, the Isle of Man and the Australian states of Victoria (state), Victoria, Queensland, Tasmania, Northern Territory and New South Wales. The New Zealand ban was subsequently successfully challenged in court on two occasions, resulting in a law change to maintain it. Some prisoners are getting around the prison smoking bans by producing and smoking "teabacco", which is nicotine patches or lozenges mixed with tea leaves, and rolled up in Bible paper. A forensic analysis of teabacco made from nicotine lozenges identified some potentially-toxic compounds, but concluded that teabacco made from nicotine lozenges may be less harmful than traditional tobacco cigarettes.


Compliance

The introduction of smoking restrictions occasionally generates protestsAFP: Dutch cafe owners rally against smoking ban
/ref> and predictions of widespread non-compliance, along with the rise of smokeasy, smokeasies, including in New York City, Germany, Illinois, the United Kingdom, Utah, and Washington, D.C.. High levels of compliance with smoke-free laws have been reported in most jurisdictions including New York, Ireland, Italy and Scotland. Poor compliance was reported in Kolkata.


Criticism

Smoke-free regulations and ordinances have been criticised on a number of grounds.


Government interference with personal lifestyle

Critics of smoke-free provisions, including musician Joe Jackson (musician), Joe Jackson, and political essayist Christopher Hitchens, have claimed that regulation efforts are misguided. Typically, such arguments are based upon an interpretation of John Stuart Mill's harm principle which perceives smoke-free laws as an obstacle to tobacco consumption per se, rather than a bar upon harming other people. Such arguments, which usually refer to the notion of personal liberty, have themselves been criticised by Nobel Prize-winning economist Amartya Sen who defended smoke-free regulations on several grounds. Among other things, Sen argued that while a person may be free to acquire the habit of smoking, they thereby restrict their own freedom in the future given that the habit of smoking is hard to break. Sen also pointed out the heavy costs that smoking inevitably imposes on every society which grants smokers unrestricted access to public services (which, Sen noted, every society that is not "monstrously unforgiving" would do). Arguments which invoke the notion of personal liberty against smoke-free laws are thus incomplete and inadequate, according to Sen. In New Zealand, two psychiatrist patients and a nurse took their local district health board to court, arguing a smoking ban at intensive care units violated "human dignity" as they were there for mental health reasons, not smoking-related illness. They argued it was "cruel" to deny patients cigarettes.


Property rights

Some critics of smoke-free laws emphasise the property rights of business owners, drawing a distinction between nominally public places (such as government buildings) and privately owned establishments (such as bars and restaurants). Citing economic efficiency, some economists suggest that the basic institutions of private property rights and contractual freedom are capable of resolving conflicts between the preferences of smokers and those who seek a smoke-free environment, without government intrusion.


Legality of smoke-free regulations

Businesses affected by smoke-free regulations have filed lawsuits claiming that these are unconstitutional or otherwise illegal. In the United States, some cite unequal protection under the law while others cite loss of business without compensation, as well as other types of challenges. Some localities where hospitality businesses filed lawsuits against the state or local government include Nevada, Montana, Iowa, Colorado,
Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...
, New York, South Carolina, and Hawaii, though none have succeeded.


Smoke-free laws may move smoking elsewhere

Restrictions upon smoking in offices and other enclosed public places often result in smokers going outside to smoke, frequently congregating outside doorways. This can result in non-smokers passing through these doorways getting exposed to more secondhand smoke rather than less. Many jurisdictions that have restricted smoking in enclosed public places have extended provisions to cover areas within a fixed distance of entrances to buildings. The former UK Secretary of State for Health John Reid, Baron Reid of Cardowan, John Reid claimed that restrictions upon smoking in public places may lead to more people smoking at home. However, both the British House of Commons, House of Commons Health Committee and the Royal College of Physicians disagreed, with the former finding no evidence to support Reid's claim after studying Ireland, and the latter finding that smoke-free households increased from 22% to 37% between 1996 and 2003.


Connection to drunk driving fatalities

In May 2008, research published by Adams and Cotti in the ''Journal of Public Economics'' examined statistics of Driving under the influence, drunken-driving fatalities and accidents in areas where smoke-free laws have been implemented in bars and found that fatal drunken-driving accidents increased by about 13%, or about 2.5 such accidents per year for a typical county of 680,000. They speculate this could be caused by smokers driving farther away to jurisdictions without smoke-free laws or where enforcement is lax.


Effects of funding on research literature

As in other areas of research, the effect of funding on research literature has been discussed with respect to smoke-free laws. Most commonly, studies which found few or no positive and/or negative effects of smoke-free laws and which were funded by tobacco companies have been delegitimised because of the obvious conflict of interest. Professor of Economics at the California Polytechnic State University, San Luis Obispo, California State Polytechnic University-San Luis Obispo, Michael L. Marlow, defended "tobacco-sponsored" studies arguing that all studies merited "scrutiny and a degree of skepticism", irrespective of their funding. He wished for the basic assumption that every author were "fair minded and trustworthy, and deserves being heard out" and for less attention to research funding when evaluating the results of a study. Marlow suggests that studies funded by tobacco companies are viewed and dismissed as "deceitful", i.e. as being driven by (conscious) bad intention.


Alternatives


Incentives for voluntarily smoke-free establishments

During the debates over the Washington, DC, smoke-free law, city council member Carol Schwartz proposed legislation that would have enacted either a substantial tax credit for businesses that chose to voluntarily restrict smoking or a quadrupling of the annual business license fee for bars, restaurants and clubs that wished to allow smoking. Additionally, locations allowing smoking would have been required to install specified high-performance ventilation systems.


Ventilation

Critics of smoke-free laws have suggested that ventilation is a means of reducing the harmful effects of secondhand smoke. A tobacco industry-funded study conducted by the School of Technology of the University of Glamorgan in
Wales Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
, published in the Building Services Journal suggested that "ventilation is effective in controlling the level of contamination", although "ventilation can only dilute or partially displace contaminants and occupational exposure limits are based on the 'as low as reasonably practicable' principle". Some hospitality organisations have claimed that ventilation systems could bring venues into line with smoke-free restaurant ordinances. A study published by the ASHRAE, American Society of Heating, Refrigerating and Air-Conditioning Engineers and funded by the
Robert Wood Johnson Foundation The Robert Wood Johnson Foundation (RWJF) is an American philanthropic organization. It is the largest one focused solely on health. Based in Princeton, New Jersey, the foundation focuses on access to health care, public health, health equity, ...
found one establishment with lower air quality in the non-smoking section, due to improperly installed ventilation systems. They also determined that even properly functioning systems "are not substitutes for smoking bans in controlling environmental smoke exposure". The tobacco industry has focused on proposing ventilation as an alternative to smoke-free laws, though this approach has not been widely adopted in the U.S. because "in the end, it is simpler, cheaper, and healthier to end smoking". The Italian smoke-free law permits dedicated smoking rooms with automatic doors and smoke extractors. Nevertheless, few Italian establishments are creating smoking rooms due to the additional cost. A landmark report from the
U.S. Surgeon General The surgeon general of the United States is the operational head of the United States Public Health Service Commissioned Corps (PHSCC) and thus the leading spokesperson on matters of public health in the federal government of the United States. T ...
found that even the use of elaborate ventilation systems and smoking rooms fail to provide protection from the health hazards of secondhand smoke, since there is "no safe level of secondhand smoke".U.S. Department of Health and Human Services.
The Health Consequesnces of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General
'' U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease prevention and Health Promotion, Office on Smoking and Health, 2006. Retrieved 26 August 2010.


See also


General

* Smoking bans in private vehicles * List of smoke-free colleges and universities * Tobacco control * Tobacco fatwa * ''
A Counterblaste to Tobacco ''A Counterblaste to Tobacco'' is a treatise written by King James VI and I in 1604. In it he expresses his distaste for tobacco and tobacco-smoking.Steve Luck, ''The Complete Guide to Cigars: An Illustrated Guide to the World's Finest Cigars'' ...
'' * Blue law * Indoor air quality


Organizations

* Action on Smoking and Health * Airspace Action on Smoking and Health * Anti-Cigarette League of America * FOREST (A UK pro-tobacco group)


People

* Douglas Eads Foster, Los Angeles, California, City Council member, 1927–29, proposed prohibition of smoking near schools * Lucy Page Gaston, American leader early 20th century * Evan Lewis (Los Angeles)#Positions, Evan Lewis, Los Angeles City Council member, 1925–41, opposed smoking on balconies of theaters * Anti-tobacco movement in Nazi Germany#Hitler.27s attitude towards smoking, Adolf Hitler, 1889–1945, often considered to be the first national leader to advocate against smoking * Patricia Hewitt introduced bans in UK * Nicola Roxon introduced plain packaging in Australia


References


Further reading

* Alston, Lee J., Ruth Dupré, and Tomas Nonnenmacher. "Social reformers and regulation: the prohibition of cigarettes in the United States and Canada." ''Explorations in Economic History'' 39.4 (2002): 425-445. doi.org/10.1016/S0014-4983(02)00005-0 * Cairney, Paul, Donley Studlar, and Hadii Mamudu. ''Global tobacco control: power, policy, governance and transfer'' (Springer, 2011), scholarly study by political scientists
online
* Feldman, Eric A., and Ronald Bayer, eds. ''Unfiltered: Conflicts Over Tobacco Policy and Public Health'' (Harvard University Press, 2004). * Goodin, Robert. ''No Smoking: The Ethical Issues'' (University of Chicago Press, 1989). * Haines-Saah, Rebecca J., Kirsten Bell, and Simone Dennis. "A qualitative content analysis of cigarette health warning labels in Australia, Canada, the United Kingdom, and the United States." ''American journal of public health'' 105.2 (2015): e61-e69
online
* Kluger, Richard. ''Ashes to Ashes: America's Hundred-Year Cigarette War, the Public Health, and the Unabashed Triumph of Philip Morris'' (Knopf, 1996). * Pennock, Pamela E. ''Advertising sin and sickness: The politics of alcohol and tobacco marketing, 1950-1990'' (Northern Illinois University Press, 2007). * Speaker, Susan L. " 'The struggle of mankind against its deadliest foe': themes of counter-subversion in anti-narcotic campaigns, 1920-1940." ''Journal of Social History'' 34.3 (2001): 591-610
extract
* Studlar, Donley T. "US tobacco control: public health, political economy, or morality policy?" ''Review of Policy Research'' 25.5 (2008): 393-410
online
* Tate, Cassandra. ''Cigarette wars: the triumph of "the little white slaver" ''. (Oxford University Press, 2000), scholarly history of bans in United States.


External links


Canadian Council for Tobacco Control

Clearing the Air Scotland
Scottish Executive site established to provide information on Scotland's smoke-free legislation


History of Smoking Bans in the US

Irish Government's Office of Tobacco Control

State Tobacco Laws
from the American Cancer Society
Legacy Tobacco Documents Library
from the University of California, San Francisco
Philip Morris USA Document Archive

Prevalence of smoking and information on smoking bans in an interactive world map
{{DEFAULTSORT:Smoking Ban Health law Tobacco control Smoking, Ban Articles containing video clips Prohibitionism