Vending Machines
Background
Numerous studies and surveys show that a significant number of young people are able to purchase cigarettes from vending machines, even in areas that have laws restricting the placement of those machines or requiring the use of locking devices (2, 9). The 1994 Surgeon General's Report examined nine studies of vending machine sales and found that children and adolescents successfully purchased cigarettes from vending machines up to 88% of the time (2, 9). Though many of the youngest smokers obtain tobacco through other means, such as from friends, studies have noted that they are more likely than older teens to obtain tobacco products from vending machines (8).
Vending machines suggest a universal availability of cigarettes in society. Because vending machines are self-service, it is difficult to attach responsibility and liability to a particular individual for illegal sales to minors from vending machines, and employees may not feel the same responsibility they might for over-the-counter sales.
How and where youth obtain cigarettes can vary greatly depending on the laws that are in place in a community and how strongly they are enforced. As of 2001, 41 states and the District of Columbia had passed laws that restrict vending machine tobacco sales. However, it is of note that vending machines are not addressed under the Master Settlement Agreement (3). Out of 50 states and the District of Columbia:
- Twenty-two states banned vending machine sales of tobacco products from areas accessible to minors;
- Thirteen states do not allow vending machines in areas accessible to minors unless machines are supervised and/or have locking devices;
- Two states require supervision and/or a locking device;
- Two states have limited restrictions on placement and no supervision requirements;
- Three states have unspecified restrictions;
Policies
Completely ban the sale of tobacco products through vending machines.
Less restrictive measures against vending machine sales have been shown to be less effective than stronger measures in preventing tobacco sales to minors. For instance, the tobacco and vending machine industries have proposed the use of locking devices which render vending machines inoperable until an employee deactivates the lock upon customer request. Locking device policies, as shown below, are difficult to enforce and have repeatedly been found to be ineffective at curbing illegal tobacco sales. An overview of state and local laws on tobacco vending machine restrictions shows the following:
- In Utah, where locking devices were required by law for many years, a Department of Health survey found that only one of 22 vending machines were using the device, and those that were installed were rarely operating (5). The Utah law was changed in 1989 to prohibit vending machine sales of cigarettes in all locations, except for free-standing bars.
- One year after St. Paul, Minnesota adopted an ordinance requiring that locking devices be installed on all cigarette vending machines, 30% of the vending machines in a sample survey did not have a locking device (5).
Besides tobacco, no other drug or product that is illegal to sell to children is sold through vending machines, including alcohol. In a July 1995 Field Institute poll, over 70% of Californians supported a complete ban on cigarette vending machine sales as a policy to curb underage smoking (1).
Examples of communities that have implemented this type of policy include:
- The town of White Bear Lake, Minnesota outlawed cigarette vending machines in 1989. By 1991, eight other communities followed suit, and 11 more imposed more limited restrictions (6).
- The town of Hingham, Mass. banned all cigarette vending machines after a lockout ordinance failed to be effective (7).
Effectiveness Data
Eliminating vending machines means that underage buyers will not be able to use vending machines as an alternative source to buy tobacco products. Additionally, placing tobacco out of reach reinforces the message that tobacco products are not in the same class as candy, chips and soda. The removal of vending machines from sites accessible to young people can reduce access to what can be a relatively easy means of access to tobacco, especially for younger children (9). Though locking devices may deter some youth from obtaining cigarettes, they are not proven to be effective (4). The best alternative is a total ban on cigarette vending machines.
Resources
American Lung Association
1740 Broadway
New York, New York 10019
(212) 315-8700
http://www.lungusa.org/
California Tobacco Control Alliance
980 Ninth Street, Suite 700-A
Sacramento, CA 95814
(916) 554-0390
http://www.tobaccofreealliance.org/
Centers for Disease Control and Prevention,
Office on Smoking and Health
1600 Clifton Rd.
Atlanta, GA 30333
(404) 639-3311
http://www.cdc.gov/tobacco
References
- Center for Health Improvement. (1995). Policy Improving Health - California's Anti-Tobacco Strategy. Available online at: http://www.cchi.org/pdf/anti_tob.pdf
- Centers for Disease Control and Prevention. (1994). Preventing Tobacco Use Among Young People: A Report of the Surgeon General. Available online at: http://www.cdc.gov/tobacco/sgr/sgr_1994
- Centers for Disease Control and Prevention. (n.d.) State Tobacco Activities Tracking and Evaluation (STATE) System. Accessible at: http://www.cdc.gov/nccdphp/ohs/state/
- DiFranza, J., Savageau, J, & Aisquith, B. (1996). Youth access to tobacco: the effects of age, gender, vending machine locks, and "It's the Law" programs. American Journal of Public Health. 86:221-224.
- Forester, J, Hourigan, M, & Kelder, S. (1992, September). Locking Devices on Cigarette Vending Machines: Evaluation of a City Ordinance. American Journal of Public Health, 82(9):1217-19.
- National Cancer Institute. (1991). Strategies to Control Tobacco Use in the United States: A Blueprint for Public Health Action in the 1990s. Rockville, MD: National Cancer Institute.
- Join Together. (1999, February 10). Success of Local Youth Smoking Regulations Reviewed. Accessible at: http://www.jointogether.org/home/
- Response Research, Inc. (1989, June/July). Study of Teenage Cigarette Smoking and Purchase Behavior for the National Automatic Merchandising Association. Chicago, IL: June/July, 1989:23.
- U.S. Food and Drug Administration. (1995, August). The Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents. Executive Summary. Federal Register,1995. 60 (155).
Acknowledgements
Ralph S. Caraballo, PhD, MPH, Health Scientist and Research Team Lead, Office on Smoking and Health, Centers for Disease Control and Prevention (CDC), Atlanta, GA
Philip Huang, M.D., MPH, Chief, Bureau for Disease and Injury Prevention, Texas Department of Health , Austin, TX
Traci Verardo, Executive Director, California Tobacco Control Alliance, Sacramento, CA
The Center for Health Improvement also acknowledges the following reviewers for providing comments on the original version of this policy profile:
Michael P. Eriksen, Sc.D., Former Director, Office of Smoking on Health, Centers for Disease Control, Atlanta, GA
David Fleming, M.D., Former State Epidemiologist, Oregon Health Division, Portland, OR
Sally Herndon-Malek, Former Director, Project ASSIST, DHHS, Raleigh, NC
Philip Huang, M.D., M.P.H.,Chief, Bureau for Disease and Injury Prevention, Texas Department of Health, Austin, TX
Kevin Keane, Director, Federal Legislative Advocacy, American Cancer Society, California Division, Sacramento, CA
Jon Lloyd, Director, Tobacco Control Program, Planning and Policy, California Department of Health Services, Sacramento, CA
Paul Minicucci, Former Executive Director, California Next Generation Tobacco Control Alliance, Sacramento, CA
Jane Pritzl, Former Field Director, Assist Project, Division of Prevention Programs, Colorado Department of Public Health and Environment, Colorado, UT
Randy Schwartz, American Cancer Society, New England
Updated 6/30/04
