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Protecting Children
The 2006 Surgeon General's report noted that 60 percent of US children aged 3-11 years—nearly 22 million young people—are exposed to secondhand smoke. In September, 2007 the Surgeon General reemphasized that secondhand smoke causes premature death and disease in children, and there is no safe level of secondhand smoke exposure.
A new Harvard School of Public Health study, published online in the June
7, 2010 issue of Pediatrics, found that children and adolescents
living in non-smoking homes in counties with laws promoting smoke-free
public places have significantly lower levels of a common biomarker of
secondhand smoke exposure than those living in counties with no smoke-free
laws. Click
here to read the press release. Click
here to read the abstract.
Federal and state laws are in effect, to protect children from tobacco products and secondhand smoke exposure. Scroll to the end of the page to read summaries and links to these laws.
GASP provides technical assistance on smokefree environments for children. Please read GASP's policy/research papers on the following subjects:
- Smoking
Ban Outdoors gives supporting background information that supports
outdoor smoking bans to protect children who congregate at parks, playgrounds,
beaches and other recreational facilities. Go to GASP's Outdoor
Bans webpage for more information.
- Smoking
Ban in Cars gives supportive background information and lists jurisdictions
banning smoking in vehicles when children are present.
- Protecting
foster/resource family children gives background information that
supports protecting foster/resource family children from second hand
smoke in homes and cars.
Click here to read more information and recommendations from the Centers for Disease Control and Prevention (CDC). Highlights are:
- Children are more heavily exposed to secondhand smoke than nonsmoking adults.
- Eliminating smoking in indoor spaces is the only way to fully protect children from exposure to secondhand smoke.
- A primary source of children's secondhand smoke exposure is in their homes and vehicles.
- Secondhand
smoke permeates the entire house and lingers long after the cigarette
has been extinguished, so smoking in certain rooms, at certain times,
or by a window or fan is not safe.
Since September 2007, the Environmental Protection Agency (EPA) and DHHS (Department of Health and Human Services, Administration for Children and Families, Head Start Bureau) are working together to improve the quality of life for nearly a million Head Start children by conducting nationwide asthma and secondhand smoke outreach. The agencies intend to deliver health risk reduction messages related to secondhand smoke and other environmental asthma triggers. Click here for information on the partnership and downloadable toolkits. Click here for the U.S. Surgeon General's press release on the partnership. Click here for information on the EPA’s asthma program. En español, visite aqui.
An August 2009 published study from Johns Hopkins Bloomberg School of Public Health found dangerous secondhand smoke levels in cars where people smoked, and may be worse for back-seat passengers, where children are seated. Click here to read the study results. Click here for an August 24, 2009 news article with the highlights of the study.
Click here to read an article published in Newsweek magazine in July, 2009 highlighting the health consequences for children from current public policy decisions which allow smoking in public housing. (Public housing owners may choose to go smokefree. Visit our Smokefree Multi-Unit Housing section for more information.)
Creating 100% smokefree policies reduces the risk of fire in multi-unit buildings, especially in buildings that house tenants using medical oxygen for health reasons (seniors and children with asthma, COPD, etc). A tenant on portable oxygen needs a 100% smokefree living environment, and this may include not only their apartment, but neighboring apartments as well. Click here to learn more about the hazards of smoking near the operation of portable oxygen equipment.
The American Academy of Pediatrics' April 2010 online edition published a study concerning dissolvable nicotine products that are inadvertantly consumed by small children. These products look like candy, especially to small children. The dissolvable nicotine pellets look like tic tacs, and the dissolvable strips look like mint breath fresheners. The products contain levels of nicotine that can be poisonous and pose a serious health threat, if ingested by small children and youth. For example, a 1-year-old infant could experience mild to moderate symptoms of nicotine poisoning by ingesting 8 to 14 Orbs, while 10 to 17 Orbs would bring about severe poisoning or even death, the authors said. A 4-year-old would encounter severe toxicity or death after ingesting 16 to 27 Orbs, 27 strips or five sticks, they added. Learn more in the April 19, 2010 HealthDay newsclip.
GASP presented information on smokefree homes and cars for children, at state, national and international conferences, including:
- Green Initiatives: Smokefree Trends in Multi-Unit Housing, National Healthy Housing Conference, New Orleans, LA, April 28, 2010.
- Protecting Children from Secondhand Smoke in Nontraditional Venues: Children in Vehicles and Foster Care, National Conference on Tobacco or Health, Phoenix, AZ, June 10, 2009.
- Legal Issues: ETS Exposure in Multi-Unit Housing, 11th International Conference on Indoor Air Quality and Climate, Copenhagen, Denmark, August 21, 2008
- Emerging Issue: Smokefree Homes and Cars for Children, 4th European Conference on Tobacco or Health, Basil, Switzerland, October 12, 2007
Hazardous Exposure to Third-hand Smoke
Thirdhand smoke is beginning to be recognized as a health hazard. Thirdhand smoke is residual secondhand smoke that imbeds into upholstery, rugs, and onto walls, and other surfaces, lingering for weeks. New studies indicate that thirdhand smoke may be more dangerous than secondhand smoke, since thirdhand smoke does not dissipate quickly, and continuously emits respirable particles long after secondhand smoke takes place. Click here to read more about the public health concerns with thirdhand smoke, especially for young children.
NJ State and Federal Laws and Restrictions
NJ state and local laws, as well as federal laws, exist to protect children from secondhand smoke, and encourage a tobacco-free life. Visit NJ State and Local Laws to find out more about NJ laws and ordinances that have been passed to protect children and others from secondhand smoke. Our website also summarizes federal laws on tobacco control. Several major federal tobacco control laws have been enacted since 2009:
On March 31, 2010, President Obama signed the Prevent All Cigarette Trafficking Act (PACT) into law, which regulates the tobacco product sales via mail and internet. PACT takes effect in 90 days from the signing, on June 29, 2010. The purpose of PACT is to help curb the sale of tobacco to children. PACT also helps to collect taxes on tobacco products sold through the mail and internet, requires tax stamps be affixed before delivery of the products to the customer, bans the delivery of these products through the U.S. Postal Service, requires age verification when the products are purchased and delivered, and increases penalties and improves enforcement. Read a press release and fact sheet on PACT, from Campaign for Tobacco-Free Kids.
On June 22, 2009, The Family Smoking Prevention and Tobacco Control Act ("FDA Act") (a.k.a. FDA regulations HR 1256), was signed by President Obama. The FDA Act gives the U.S. Food and Drug Administration ("FDA") authority to regulate tobacco products, along with other restrictions on tobacco advertising. Click here to read the FDA Act's implementation timeline. Click here to read an Executive Summary of the Act.
On March 19, 2010, to help implement the FDA Act, the FDA issued federal Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents, ("FDA Regulations", cited 21 CFR Part 1140), effective June 22, 2010. These FDA Regulations contain a broad set of federal requirements designed to significantly curb access to and the appeal of cigarettes and smokeless tobacco products to children and adolescents in the United States. The FDA Regulations restrict the sale, distribution, and promotion of these products, to make them less accessible and less attractive to kids. Learn more about these Regulations at the FDA's press release and Frequently Asked Questions on implementing the regulations.
updated June 11, 2010
This information is created by the Tobacco Control Policy and Legal Resource Center of New Jersey GASP, which provides expert information, guidance, and technical assistance about policy, legislation, and litigation, especially regarding smokefree air. Major funding for this service is provided by the New Jersey Department of Health and Senior Services (NJ DHSS).The information presented on this website is not intended as, nor to be construed, or used, as legal advice, and should not be used to replace the advice of your legal counsel.