September 3, 2002

Contact:
Andy Weisser 818/703-6444, American Lung Association of California
Terry Mock 415/228-8418, American Heart Association
Ann Goure’ 916/202-4425, American Cancer Society

FOR IMMEDIATE RELEASE

Illegal Sale of Cigarettes to Children Increases in California

Health groups urge retailers to be held accountable

(September 3, 2002- Sacramento, CA) California retailers are selling cigarettes to minors at an increasing rate, according to new data collected by the California Department of Health Services. These survey results have renewed a call from the state’s health and tobacco prevention groups to require storeowners to obtain a license to sell tobacco products and to suspend or revoke that license if caught selling tobacco to children.

The 2002 Youth Tobacco Purchase Survey, conducted by the California Department of Health Services, shows that illegal sales of tobacco products to minors by California retailers has increased for the second year in a row. Illegal sales of tobacco are up nearly 13 percent from the 2001 survey, and more than 50 percent over the 2000 survey.

"This data shows that retailers are not following breaking the law, which will translate into more young people becoming cigarette addicts that will harm their health," said Cindy Keitel, Chair of the Western States Affiliate Board of the American Heart Association. "Retailers need to be held accountable – it is not right wrong that they continue to sell without any regard to their legal responsibilities."

While there is no state law requiring retailers to obtain a tobacco license, several local cities and counties in California have adopted local tobacco retailer licensing laws. Model local ordinances require a retailer to pay an annual licensing fee and to be subject to suspension or revocation of that license if they are caught selling tobacco to minors. More than 25 local communities have adopted tobacco licensing laws in California, including the City of Los Angeles.

"Smoking is a pediatric disease and that requires the active assistance of our local and state decision makers to protect children from unlawful tobacco retailers," said David Burns, M.D., a volunteer with the American Lung Association of California. "Tobacco licensing laws that suspend and revoke a retailer’s license are some of the most effective means we have at reducing illegal tobacco sales to children."

"Everyday kids start to smoke," said Ann Gouré, American Cancer Society spokesperson. "The beginning of a deadly addiction. Retailers need to be held accountable for the illegal sale of this deadly product. We teach kids about actions and consequences – but the perpetrators who sell cigarettes to kids suffer no consequences for their illegal practices. That’s wrong."

The survey is conducted annually to meet the requirements of federal legislation in 1992 and to monitor compliance with the state's Stop Tobacco Access to Kids Enforcement (STAKE) Act. States that fail to maintain an illegal sales rate under 20 percent are at risk of jeopardizing federal block grant funding. Surveys of illegal tobacco sales to minors have been conducted since 1994.

The Behavioral Health Institute at California State University, San Diego, conducted the 2002 statewide scientific random survey from April through June. Youth participants were trained and ethnically matched to the neighborhood being sampled, a consummated (or "actual buy") protocol was used, and the survey protocols and procedures were identical to those used in the 2001 survey. One purchase attempt was made per store. Seven hundred forty-four (744) stores were surveyed.

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The American Lung Association has been fighting lung disease for more than 90 years. With the generous support of the public and the help of our volunteers, we have seen many advances against lung disease. However, our work is not finished. As we look forward to our second century, we will continue to strive to make breathing easier for everyone. Along with our medical section, the California Thoracic Society, we provide educational programs, community service, advocacy and research. The American Lung Association’s activities are supported by Holiday Seals and other voluntary contributions. For more information, visit our web site at www.californialung.org or call 1.800.LUNG.USA to be connected to your local American Lung Association.