AWMA Supports Legislation to Establish a National Standard for Low Ignition Propensity (LIP) Cigarettes that Includes a Federal Preemption
LIP cigarettes are those cigarettes that demonstrate a reduced ignition propensity. They are cigarettes that are less likely to ignite bedding & upholstered furniture, such as sofas and mattresses.
Eight states – New York, Vermont, Massachusetts, New Hampshire, Illinois, Kentucky, Utah & California – have already adopted LIP cigarette laws. Only these Low Ignition Propensity cigarettes may sold in those states.
19 other states are currently considering LIP cigarette legislation.
AWMA is concerned that as states begin to adopt differing laws mandating only LIP cigarettes be sold, distributors will increasingly find it difficult to manage their inventory of different cigarettes – LIP and non-LIP cigarettes.
The patchwork effect of differing state laws would be extremely burdensome to many of our distributors – therefore, AWMA supports the adoption of the New York State model for LIP cigarettes as a nationwide standard that would include federal preemption language. The federal preemption is necessary to ensure that states are not able to amend the national standard thereby creating the current patchwork effect that is working such a hardship on distributors.
In the previous Congress, two bills in the House & Senate – HR 1850 and S. 389 – introduced by Rep. Markey and Sen. Durbin respectively, would have established a national standard mandating the sale of LIP cigarettes – actually modeling the New York State law on this issue.
Unfortunately, neither of these two bills includes a federal preemption – so AWMA would support the bills ONLY if amended to include federal preemption.
AWMA would also want to be sure that any legislation – at either the state or federal level – include a provision allowing for the "sell through" of current inventory during any transition period to Low Ignition Propensity cigarettes from non-LIP cigarettes.
