Select an Issue

Making the Decision

• Critically assess the merits of various policy and enforcement options using the goal setting exercise with your core group.
  
• Evaluate all the issues under consideration using the Checklist for Evaluating Issues.
  
• The goal is to pursue a winnable issue that results in a real improvement in the public's health.
  
  Benefits and Barriers: Enacting Policies and Increasing Enforcement
  
• Enacting a local law is an efficient way to set a community standard that will affect a broad range of businesses. It can be more efficient to pass a law because a law will apply to every business within that city or county versus communicating individually with each tobacco retailer and trying to convince them to adopt a voluntary standard.
  
• Working to pass a new law can be time-consuming and labor intensive and it may face stiff opposition if decision-makers are not convinced of the merits of the proposed new law.
• Working to have existing laws enforced may be more expedient than trying to get a new law enacted and may be less politically charged. However, tobacco control issues may not be a priority for the enforcement agency and you may need to provide a significant level of time and energy to overcome the bureaucracy even once they are convinced to make a change.

Legal Limits on Store Marketing

• The U.S. Supreme Court decision in the case of Lorillard Tobacco Co. v. Reilly determined that state and local governments do not have the authority to enact laws regulating the location of cigarette advertising because of the 1969 Federal Cigarette Labeling and Advertising Act.
• Despite the Lorillard decision, there is still much local governments may do. They may license tobacco retailers, ban self-service tobacco displays, strengthen local sign laws and impose land use restrictions on tobacco retailers.

Potential Strategies for Increased Enforcement
• Become knowledgeable about your community's history of enforcement.
  
• After you find out information about previous enforcement efforts, determine the best ways to approach the law enforcement agency to pitch your request.
  
• When you meet with the enforcement agency, have a plan for responding to potential barriers identified by the enforcement agency.
  
• Start by offering your assistance instead of criticism.
  
• Include coalition and community members in your efforts to work with enforcement agencies.
• If collaborative methods do not work, consider stronger, more aggressive methods of encouragement.

Consider Merchant Education
• Merchant education may be a component of an overall strategy, but you should not rely on it as the sole strategy to address the problem of tobacco advertising and marketing and/or tobacco sales to youth.
  
• The goal of merchant education is to have merchants voluntarily agree to change their behavior with regard to tobacco advertising and promotions and/or tobacco sales to minors.
  
• Merchant education may be a component of a successful effort to reduce tobacco sales to minors and to decrease tobacco advertising, but it is not an effective strategy over the long-term.
• Merchant education should not be conducted in isolation of strengthening your coalition, increasing community awareness and ultimately developing and implementing strong policy and/or enforcement measures.
  

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