Smoking bans

Beginning in the 1990s, the United States and many other countries around the world instituted policies that ban or restrict smoking in public or shared spaces, including airplanes, buses, and trains; common outdoor areas; restaurants, schools, shopping malls, gas stations, and workplaces. The smoking restrictions that exist within the United States are the result of laws and public policies enacted by various state and local governments and municipalities; thus, restrictions vary from state to state and city to city. The practice of implementing these types of policies was the result of overwhelming medical research outlining the negative health effects of secondhand smoke on nonsmokers. These effects include a greater risk of lung cancer, bronchitis, and asthma. Public health, safety, and medical experts as well as activists argue that the health and safety rights of nonsmokers outweigh the personal rights of smokers to smoke wherever they would like.

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Overview

Smoking bans exist in many countries around the world but are concentrated on those in the Western hemisphere. In many of these countries smoking has become less prevalent and demand for tobacco products has declined. While the country of Bhutan outright bans all smoking in the country, the restrictions in many other high-income countries, such as Australia, Germany, and the United Kingdom, mirror many of the restrictions found in the United States. At the same time, Beijing, China, instituted the country's harshest smoking ban in 2015, threatening steep fines for infringement in all indoor public places, including offices, restaurants, and bars. China is home to one of the largest populations of tobacco smokers.

Smoking bans in the United States began in 1975, when Minnesota passed the Minnesota Clean Indoor Air Act, which established “no smoking” sections in restaurants. Many other states did not follow suit until the late 1980s and early 1990s. Over time, many states’ existing public health policies and smoking bans became more restrictive. In most areas of the United States, smoking is no longer allowed in public buildings and spaces. The American Lung Association reported in 2024 that 28 states and the District of Columbia had passed comprehensive smoke-free laws, which in some cases restrict smoking in many public spaces, such as those bans in New York City where smoking is restricted at outdoor plazas and beaches.

Medical research suggests that smoking bans have directly resulted in a population that smokes less, but more research is needed to determine whether or not the smoking bans have had a direct impact on reducing the health issues and diseases associated with smoking, the effects of secondhand smoke on nonsmokers, or aiding cessation efforts.

While smoking bans have endured criticism, primarily from those who believe the bans infringe on the rights of smokers, they are typically supported by the public. A Gallup Poll conducted in July 2019 showed that 62 percent of Americans were in favor of banning smoking in all public places. However, the poll also suggested that Americans were less supportive of a complete prohibition of smoking, disagreeing with arguments to make tobacco products illegal in the United States.

Bibliography

Advancing the Enforcement of the Smoking Ban in Public Places—Davao City, Philippines. World Health Organization, 2011.

Bayer, R., and K. E. Bachynski. “Banning Smoking in Parks and on Beaches: Science, Policy, and the Politics of Denormalization.” Health Affairs, vol. 32, no. 7, 2013, pp. 1291–1298. Berenson, Tessa. "New Orleans Smoking Ban Takes Effect." Time, 22 Apr. 2015. Accessed 28 Jan. 2025.

Enstrom, James E., and Geoffrey C. Kabat. “Environmental Tobacco Smoke and Tobacco-Related Mortality in a Prospective Study of Californians, 1960–98.” British Medical Journal, vol. 326, no. 1057, 2003.

Hoffman, Elizabeth, and Matthew L. Spitzer. “Willingness to Pay vs Willingness to Accept: Legal and Economic Implications.” Washington University Law Quarterly, vol. 71, no. 1, 1993, pp. 59–114.

Hudson, David L. Smoking Bans (Point/Counterpoint). 2nd ed., Chelsea, 2008.

Hunt, Katie. "Beijing Rolls Out China's Toughest Smoking Ban . . . But Will It Work?" CNN, 1 June 2015, www.cnn.com/2015/06/01/asia/china-beijing-smoking-crackdown/index.html. Accessed 28 Jan. 2025.

Kahan, Dan M. “Gentle Nudges vs. Hard Shoves: Solving the Sticky Norms Problems.” University of Chicago Law Review, vol. 67, 2000, pp. 607–45.

Lambert, Thomas A. “The Case against Smoking Bans.” Regulation, vol. 25, no. 1, Winter 2006–2007, pp. 34–40.

Max, Wendy, Hai-Yen Sung, and Yanling Shi. “Deaths from Second-Hand Smoke Exposure in the United States: Economic Implications.” American Journal of Public Health, vol. 102, no. 11, 2012, pp. 2173–80.

"Smokefree Laws and Policies." American Lung Association, 16 July 2023, www.lung.org/policy-advocacy/tobacco/slati/smokefree-laws-and-policies. Accessed 28 Jan. 2025.

"Smokefree Air Laws," American Lung Association, 10 Sept. 2024, www.lung.org/policy-advocacy/tobacco/smokefree-environments/smokefree-air-laws. Accessed 28 Jan. 2025.

"Tobacco and Smoking." Gallup, 2024, news.gallup.com/poll/1717/tobacco-smoking.aspx. Accessed 28 Jan. 2025.

WHO Report on the Global Tobacco Epidemic, 2023. World Health Organization, 2023, iris.who.int/bitstream/handle/10665/372043/9789240077164-eng.pdf?sequence=1. Accessed 28 Jan. 2025.