North Dakota Highlights

Tobacco use remains the leading cause of preventable death and disease in the United States and in North Dakota. To address this enormous toll, the American Lung Association calls for the following actions to be taken by North Dakota’s elected officials:

North Dakota is ranked 49th in the U.S. for its tobacco tax of 44 cents per pack, compared to a national average of $1.93. Raising tobacco taxes by significant amounts is proven to be one of the most impactful ways to prevent and reduce tobacco use, especially by youth.

This year’s legislative session in North Dakota was a mix of a win and a loss. For over a decade, North Dakota has had one of the strongest smokefree air laws in the country. The law was the result of a statewide ballot initiative in 2012 and passed in every county in the state. Since 2012 the adult smoking rate in North Dakota dropped from 21.1% to 15.1% (2022). During the 2023 legislative session, the tobacco industry once again introduced legislation to weaken the law by allowing indoor smoking in ‘cigar bars.’ The American Lung Association, local advocates, youth voices, along with Tobacco Free North Dakota worked hard to defeat the amendment but ultimately lost by a slim margin.

On a positive note, the tobacco licensing loophole for vape shops in North Dakota was finally closed during the 2023 session. Now all commercial tobacco products will be treated equally in their classification and regulation, as well as requiring a tobacco license for sales.

North Dakota was one of 34 states that together sued Juul for marketing practices directed at youth and was awarded $6 million over a period of six to ten years. North Dakota’s settlement states that funds can be used for any lawful purpose but does not specify where the funds will be directed.

The American Lung Association will continue to work with partners at the local level to protect local clean indoor air policies along with educating both state and local decision makers about the benefits of a higher tobacco tax and restricting access to flavored tobacco products.