‘How Will a US Smoking Ban Affect Canada?’ Asks Lucky Nugget

TORONTO--(BUSINESS WIRE)--In July 2011 the polling agency Gallup announced that for the first time a majority of Americans favoured a ban on smoking in all public spaces. The same poll hit a new record high for the percentage of the population that favoured making smoking illegal in the US. [1] Since then a campaign for a complete smoking ban has grown across the US leading questions as to whether US smoking policy will cross the border and impact upon Canada.

“workplaces, and/or restaurants, and/or bars, by either a state, commonwealth, or local law.”

At present Canada has a smoking policy broadly in line with many European countries. Anecdotal evidence suggests that banning smoking in casinos has forced some casinos to close [2] and may be a contributing factor for the rapid success of online casinos such as Lucky Nugget as people are free to smoke in their own homes.

The US approach to smoking policy is largely left to the individual states to decide. As of July 1^st 2012, 81.1% of the U.S. Population is subject to a ban on smoking in “workplaces, and/or restaurants, and/or bars, by either a state, commonwealth, or local law.” [3] However, some of the largest states, such as Texas, are yet to implement state-wide laws at all.

Recent legislation by New York to implement European style warnings and graphic images on smoking packets was recently struck down by the US Court of Appeals of the Second Circuit, following on from a similar ruling in Washington DC by the US District Court for the District of Columbia. [4]

These rulings highlight an additional issue for proponents of smoking bans in the US: the widespread view that certain legislation already commonplace in other countries may be unconstitutional.

Whatever the legal shape of the debate, any hypothetical nationwide US smoking legislation would take years to enact and face many legal challenges, and most indications are that lawmakers in Washington DC are not particularly keen to open that particular Pandora's Box.

It seems that a Canadian smoking policy may have more of an impact on US legislation than the other way round particularly in more Democratic leaning states. For the moment most governments are waiting to see the results of the Australian branding ban, and many experts predict that the ban, if successful, will be the basis of the next round of anti-smoking legislation across the western world.

-ENDS-

[1] http://www.gallup.com/poll/148514/first-time-majority-supports-public-smoking-ban.aspx

[2] http://www.lasvegassun.com/news/2011/mar/10/casinos-would-lose-customers-banning-smoking/

[3] http://www.no-smoke.org/pdf/mediaordlist.pdf

[4] http://adage.com/article/news/australia-s-cigarette-brand-ban-prompt-domino-effect/236761/