Document Type



Cigarettes result in over 400,000 preventable American deaths each year. In 2011, fewer than twenty percent of adults smoked. Since the publication of the first U.S. Surgeon General's Report on Smoking and Health nearly fifty years ago, when smoking prevalence was around forty percent, policies such as smoke-free laws, large tax increases, and litigation have collectively contributed to cut smoking prevalence in half. Unfortunately, no one expects the mix of policies currently proposed, which includes further tax increases, spatial smoking restrictions, somewhat higher minimum age restrictions, adverse publicity, and quitting assistance, to reduce U.S. smoking prevalence below fifteen percent in the foreseeable future.

So is there a legally viable endgame strategy that could work in the United States? There are several endgame strategies that will be discussed and two that appear to have particular promise in the United States.

Date of Authorship for this Version



cigarettes, anti-smoking laws, Health Law

Original Citation

Originally published in American Journal of Law and Medicine, Vol. 39, Nos. 2-3, 2013