May 2012 - |

Monthly Archives: May 2012

The Supreme Court of Minnesota ends with a “light” cigarettes case

The Minnesota Supreme Court rejected a class-action lawsuit against the manufacturer of Marlboro Light on Wednesday, ruling that the 1998 settlement with the tobacco industry, the state prohibits the case from moving forward.The 2.3 decision reversed the court of appeal decided to Minnesota; he found the case against Philip Morris Company could continue.

In the lawsuit were the people who bought Marlboro Lights in Minnesota for personal use from 1972 to November 2004. He claims the manufacturer Marlboro Light used deceptive practices of trade and false advertising when it marketed its cigarettes as “light”. In its decision, the Supreme Court said the $ 6.1 billion settlement with the tobacco industry, Minnesota, in 1998, Philip Morris released from all claims of the state did or could do about the past behavior of the company. The agreement also released from the Philip Morris’ future behavior, “states that are directly or indirectly arising from use of or exposure to tobacco products.

The State argues Philip Morris violated the Charter rights of consumers by means of fraud, misleading and deceptive statements about the impact on the health of their cigarettes. The State also argues the tobacco companies knew, thought, cigarette smokers below the resin were safe, but the cigarette was in fact the same risk.

Murray Garnick, deputy general counsel of Altria Group, parent company of Philip Morris, said in a statement that the case was properly dismissed. “Minnesota Supreme Court has now joined with 14 vessels in 15 cases of fires that have rejected these claims on a number of legal and factual bases,” he said. In 2001 a lawsuit was originally filed by Gregory Curtis and put in a class action case include those who purchased Marlboro Lights.

Writing for the majority, Judge Christopher Dietzen said that 2001 was the lawsuit claims, as in the case of the state that he maintains the use of Philip Morris, the words “light” was misleading. Thus, in the 1998 settlement “specifically released and banned respondent’s requirements of consumer protection … and is required for the respondents,” Dietzen wrote. However, two special judges said Minnesota law allows victims to file claims for damages. Justice Alan Page wrote that a deceptive practice claim, the plaintiffs do not have to prove that they bought the product, much less use it. Instead, he said, depending on the requirement that statements are false – so it will not open for settlement.

Kay Nord Hunt, a lawyer, the plaintiffs agreed with the dissent. She said that her interpretation of the settlement does not belong to a class of people whom it represents. “It was a very close question,” Hunt said. It added that its customers can apply for a rehearing, “but it is clear that the Supreme Court had not thought about it and reached the result they did.” According to her, the decision also effectively signals the end of the other two cases, Minnesota against tobacco companies. These cases were suspended pending the decision. In 2009, Congress passed a law prohibiting the marketing of tobacco products with words such as “light” or “low tar”. In 2010, Philip Morris changed its name to Light Marlboro Marlboro Gold Pack.

Lawmakers OK $ 1-pack tax increase

Illinois Lawmakers on Tuesday approved a plan to permanently increase taxes on cigarettes and other tobacco products in order to prevent deeper cuts to state health care program for the poor.

A-pack increase will be more than double taxes on cigarettes ofIllinois, who was standing by 98 cents over the years. The measure goes to Democratic Governor Pat Quinn, who said that tax increases should be save Medicaid. In the General Assembly in the final scheduled day of the spring session, the Democratic House Speaker Michael Madigan also proposed controversial measures for the restructuring of state pensions for current employees and retirees, which led to shouting Republican procedural matters.

There was less political theater in the Senate, which voted 31-27 for the bill, which will generate approximately $ 350 million of new taxes on cigarettes and other tobacco products. This will allow the state to gain access to another $ 350 million from the federal budget to pay for taxpayer-subsidized health care for the poor. The measure would also raise $ 50 million in fees generated from the hospital to attract an additional $ 50 million in federal funds for health care.

Legislation is a key component in the efforts of administration and state lawmakers have Quinn come up with $ 2.7 billion in cuts and new revenue streams in the program, Medicaid Another $ 300 million previously been transferred to the health of the other funds of the state.

“By working together to pass these bills, significant progress has been made in our mission to restructure Medicaid,” Quinn said in a statement. “As a result, our Medicaid system will continue to serve millions of people inIllinoiswho rely on it.” No Republicans in the Senate voted for the measure of taxes on tobacco. Four Democrats, especially those who represent districts on the border of the state, voted against it. Republicans have argued, further reductions should have been made to Medicaid or money should be shifted from other public health programs.

“Profit, profit, revenue,” Senate Republican leader Christine Radogno of Lemont said, scolding the House Democratic majority, “in contrast to the tightening of spending at the end.” But Senator Jeff Schoenberg sponsors, D-Evanston, said in the first year the state will save $ 50 million spending on Medicaid do not have to treat smoking-related diseases. “Tax is really used for pricing some people out of the market, really,” Schoenberg said. “And that reduces the total cost for all of us who have to compensate for the difference in the provision of medical care in these high-risk individuals.”

Illinois’ cigarette tax is currently ranked 32nd among the states and theDistrict of Columbia. The state will go up to the 16th highest tax rate in states that charge $ 2 or more packs of cigarettes, anti-tobacco group said. A spokesman for the retail sale of tobacco to predict cigarette sales will fall by about 20 percent because of higher taxes. Officer for the so-called roll your own cigarette engineering, said the new taxes and regulations, in effect, ban cars in Illinois.

The house, Madigan pushed the pension plan overhaul through a committee, which aims to curb costs by reducing the annual increases. The speaker was supported by the governor, but drew criticism from House Republican Leader Tom Cross to provide a gradual transition to the $ 800 million in state pension costs for teachers in suburban and Downstate school districts, who fear that their property taxes will increase.

Madigan argued that local school districts must take responsibility for the cost of teacher pensions. The speaker said that the current method of unfair, because schools outside ofChicagowere able to sweeten pensions and teacher to pass the bills to the state. “This is not the responsibility,” said Madigan.” This is not an American.” Cross said that the attempt to shift the cost of “poison pill” that could disrupt the pension reform this spring.

“It really raises the question:” What is the dynamics up to? And he is really serious about pension reform? “Said Cross,Oswego.

Madigan told lawmakers on the House panel, pensions, legislators, government officials, civil servants, teachers, community colleges and universities, hired before January 1, 2011 will have a choice. First, they can choose lower inflation-indexed cost of living adjustments after retirement, but are guaranteed access to care plan for retiree’s health insurance and make sure that future salary increases will be calculated in their retirement. Second choice: to continue to receive 3 percent annual cost of living adjustments to pensions, but lose access to state-subsidized retiree health plan and see if higher wages are not counted in their level of pension provision.

Another twist in that proposal would provide Madigan cash balance plan for workers. When they retire, employees can take the cash balance in the account and turn it into an annuity for the pension system.

Pensions for judges were not included in the changes. Madigan said that to prevent a judge faced with a conflict of interest when they are running on any of the legal issues that are expected to hit the court. The pension problem is a heated one. It was on display Tuesday afternoon, when the Democrats refused to allow consideration of Madigan Cross amendment to remove the provision to shift the costs of teacher retirement school districts.

Rep. Mike Bost, R-Murphysboro, threw papers on the table on the floor of the house and shouted at Madigan “.

Electronic Cigarette Free Trial Kits help people quit smoking

E cigarette craze has moved from “fashion” in the “long haul”, according to the WS Journal.

Wells Fargo Securities analyst Bonnie Herzog expects that this is just a matter of time before RJ Reynolds Tobacco Company which includes brands Camel, Kool, Winston online, Salem, Doral, Eclipse, Pall Mall brand and the other begins sales of smokeless.

“We expect Reynolds to be the next engine in this growing category, most likely, organically, but we can not rule out possible acquisitions,” said Duke.She said potential targets are NJOY electric cigarette, and 21 th century, smokeless cigarettes.

To reduce the risk associated with cigarette smoking and to help people quit smoking electronic cigarettes Hub offers a free e-cigarette, the court sets a new way of harmless smoke.

Electronic Cigarette consists of two parts. The first part contains micro electronic technology and batteries. The second part contains the gun, cartridge and mouthpiece.

All electronic cigarette kits Court include:

• Two nicotine cartridges (equal to four packs of cigarettes)

• LithiumBattery

• High-tech steel spray

• USB-charger

• 60-day manufacturer’s warranty replacement

A long-time smoker and the Electronic Cigarette by Jenny Jenkins of Houston,Texassaid: “I smoked a pack a day, but after my e-cigarette kit Court arrived, I found myself half-pack on my first day. I just took my e-cigarette When I wanted to smoke, and took a few puffs.

“I had no more desire for a real cigarette because my electronic cigarette gave the same pleasure. Now I have more energy, less fatigue at the end of the day, and most importantly, my breathing and my clothes do not stink anymore.”

Jenkins continues, “In two weeks, I finally quit smoking once and for all. It was a difficult decision, because I just do not crave them anymore.”

Go to for more information about electronic cigarettes free promotion kit ships. One trial kit is available per household and until supplies last.

The state tobacco prevention funding is not enough

States have spent only about 3 percent of the billions they received in tobacco taxes and legal settlements over the past ten years to fund tobacco prevention programs, which make it harder to reduce death and disease, caused by tobacco use, according to a report released on Thursday, the federal Centers for Disease Control and disease prevention.

Between 1998 and 2010, states collected almost $ 244 billion in cigarette taxes and settlement money, compared to $ 8.1 billion intended for state efforts to combat tobacco use. These numbers are much smaller than the minimum of $ 29.2 billion, CDC said that were conducted during the same period. While the state average has never spent so much like to CDC, the total dropped sharply in recent years to deal with the state budget deficit that forced layoffs, vacations and reducing essential services. Many of them also raised tobacco taxes to increase revenue and add-on funds provided by the tobacco industry. About 46 million Americans smoke, and more than 3 percent of American adults use smokeless tobacco, according to the CDC. And tobacco-related diseases account for about 443,000 deaths per year in the U.S. if the state had to use most of the taxes and the settlement money for tobacco control and prevention programs, they could achieve more, faster reduction of tobacco use and health-costs care, and reducing tobacco-related illness and death, the report said.

“We understand that there are serious financial difficulties, and that they have difficult choices to make,” CDC Director Dr. Thomas Frieden said in a telephone interview with The Associated Press. “Do not invest in tobacco control is not only penny wise and pound foolish, but it’s also the cost of living.” According to the report, states that spent more than the sum of the programs on Tobacco saw cigarette sales decline by about two times more than in the U.S. as a whole. Smoking prevalence also declined more rapidly, because the anti-tobacco spending increased in states like Arizona, California, Massachusetts, Minnesota, Maine, New York, Oregon, and Washington, the report said. However, other factors such as a ban on smoking could also contribute to these reductions. Frieden said that while the state lacks the means of prevention, tobacco companies continue to spend billions of dollars on marketing. Industry spent $ 10.5 billion to sell their products in 2008, the latest year tracked by the Federal Trade Commission. In the same year, the state anti-tobacco funding totaled about $ 779 million, the report said.

“Tobacco companies will be there to do what they can do, and they have a lot of money to do it,” said Stanton Glantz, tobacco researcher who directs the Center for Tobacco Research Control and Education at the University of California, San Francisco. “You do not need to meet them dollar for dollar; you just need to be there enough to deal with them …. It is easier to sell the truth than lies.” In addition to raising taxes on tobacco products from an average of 39 cents per pack in 1998 to $ 1.44 per pack in 2010, states continue to receive millions of dollars each year from the tobacco industry in a long legal settlement. Tobacco companies agreed in 1998 to settle lawsuits brought several states, smoking-related health care costs by paying them about $ 206 billion for more than two decades, but the settlement does not require the money be used for tobacco control and stop smoking programs. States first received full payment on the settlement in 1999. The largest U.S. tobacco companies, Altria Group Inc – based in Richmond, Virginia, and Skoal smokeless tobacco producer and – pays most of it.

“Today, not all tobacco-generated revenue, states and the federal government than ever before to fund proven efforts that can prevent the use of tobacco to minors,” said Altria spokesman Ken Garcia. “Obviously, there is a big waste opportunity to put on these programs, which will help further reduce underage tobacco use and promote cessation.”

Timing restrictions and taxes on cigarettes

Proposition 28 is the latest attempt in California to consider the timing, at a nominal value reduction of the total amount of time a person can serve in the state legislature from 14 to 12 years.

However, it also replaces the earlier proposal of the law of the 1990s 140, which limited lawmakers to spend more than six years in the Assembly and eight in the Senate. If Proposition 28 passes, lawmakers could spend all 12 years in either house of six to two years in the Assembly or three four-year terms in the Senate.

As it is, many legislators are called on from one house to another home run, and eventually serving 14 years. The offer is only 28 future members of the State Legislature. Legislators first elected, or until June 5, 2012, will continue to be limited to existing terms.

Proponents say Prop. 28 in the 1990 term limits law is not working. Six years in the Assembly, in their opinion, not enough time to learn the ropes, and not to give the Assembly leaders time to prepare for their work and execute them. As a result, legislators have become too dependent on lobbyists and staff, the only people who know how the system works.

Supporters include the California Chamber of Commerce, California Democratic Party, California Teachers Association and the League of Women Voters of California. Proportional to the 28 largest investor, with more than $ 600,000 contributed to Yes 28 Fund is a Los Angeles Federation of Labor.

Those who oppose Prop. 28 argue that this is a scam groups with special interests to fool the voters in the weakening of the term limits, which they say have worked well to support legislators in line. They include the California Tea Party group, the Republican Party of Humboldt County, Southern California Tax Revolt Coalition, and organizations outside the U.S. period.

The proposal has no direct financial impact, but it can dramatically change the composition of state legislatures, thus, affect future decisions.

Proposition 29 would impose an additional 5 percent tax on cigarettes sold each, which amounts to an extra dollar package, which will be celebrated on cancer and other medical research, and tobacco-cessation programs. The current state cigarette taxes imposed similar measures approved by voters in 1988 and 1998-87 cents per pack, so that the new rate will be more than twice those excise taxes on $ 1.87 pack.

The federal government also introduced the excise tax on cigarettes and other tobacco products from 62 cents per pack hike in the 2009 federal tax increase on the total amount of $ 1.01 per pack. Funds from the last federal campaign to go to help fund children’s health insurance program. Other excise taxes, the state is usually passed to the consumer price of cigarettes across the country as well.

American Cancer Society, American Heart Association and American Lung Association wrote Prop. 29 with a strong intention to “save lives, stop children from smoking, as well as the Cancer Research Fund.” American Cancer Society has contributed nearly $ 5 million “Yes on 29” is still with Lance Armstrong in the Federation providing $ 1.5 million.

Two of the biggest opponents of Prop. 29 are RJ Reynolds and Philip Morris, the two largest in the country’s tobacco companies. Together they have contributed more than $ 30 million to defeat Prop. 29, and subsidiaries of these companies have given more. They say Prop. 29 deficiencies that $ 735 million in annual new revenue will not stay in California, and the measure creates more bureaucracy, duplicating existing programs.

The cost of this proposal is still equal to about $ 40 million from their opponents, and $ 8.5 million in total support of the action, about 5-to-1 ratio. Analysts predict that by election day, the tobacco companies may spend as much as 16 times more money than about the camp is able to raise.

Lawmakers consider extended tobacco tax hike

Medicaid legislation restructuring the system of Illinois was on the ice Tuesday as legislative leaders tried to figure out which part of the package and whether to pass the first tax tobacco products other than cigarettes.

State Rep. Sara Feigenholtz, D-Chicago, House sponsor of Senate Bill 2840, said that there is more work on legislation, and state Sen. Heather Steans, D-Chicago, the Senate sponsor of the bill, said that talk of a $ 1 increase in package of tax increases on cigarettes and hike taxes on all tobacco products, including pipe tobacco. This may involve 825 million dollars, and an estimated 725 million dollars to take a higher tax on cigarettes only. This income from tax revenues, as well as the federal co-financing. Governor Pat Quinn has called for legislation to reduce the costs of Medicaid or find new money to cover some of the projected $ 2.7 billion increase for fiscal 2013 program, which begins July 1.

Dynamics of changes in large-scale program that provides medical care for the poor and carried out by state and federal funds, it is difficult. For example, one problem seems to deregulation, the bar expanding Medicaid rolls. Cook County wants to start the refusal of registration of people who would be eligible in 2014, when the health of President Barack Obama’s health care reform plan goes into effect. Lawmakers from the Cook County contribute to failure, which does not require public funds today. However, some conservative groups claim that the failure to perform will be around the end of the U.S. Supreme Court, which will decide next month whether the federal program of health care is constitutional. They also pressure on the Republicans not to vote for tax increases as part of the solution Medicaid.

At the same time, many Cook County lawmakers who favor abandonment of facilities in other parts of the law, scale back Medicaid. The refusal was part of a comprehensive amendment to SB2840, which included all the elements of the restructuring plan, except the tax on cigarettes. But the Senate bill, which considers the refusal as a separate issue. “There’s a lot of moving parts in the reform of Medicaid. This 500-page bill” Feigenholtz said. “People are going through to make sure that we have thought things through before we call it. “I think that the leaders continue to meet to make decisions about who voted for him and the formation of the roll and making sure that we are ready to move forward on this issue.” No decision on Thursday at a meeting with House Speaker Michael Madigan, D-Chicago, House Minority Leader Tom Cross, R-Oswego, Senate President John Cullerton, D-Chicago, and Senate Minority Leader Christine Radogno, R-Lemont.

A spokesman for Cullerton described the situation as “fluid.”


Not content with new tax hike

Maryland health advocates are celebrating the upcoming tax increase on cigars, smokeless tobacco, but they do not stop there. Governor Martin O’Malley, a Democrat, is expected to sign a bill Tuesday that will raise the state tax on cigarettes without tobacco for the first time since 1999, in an effort to combat that public health officials say is a more widespread use of products among adolescents.

The measure is part of a $ 260 million in tax increases that were approved during the special session last week and will be signed into law on Tuesday. About $ 247 million increase will come from the income tax hike on the top 14 percent of workers in the country. Efforts to raise taxes on cigars, smokeless tobacco is headed by the health lobbyist Vincent DeMarco, who said his next goal is to raise $ 2-pack state tax on cigarettes to $ 3, and that he hopes to make it in the next year.

“We’re going to save thousands of young people from addiction to these products,” said Mr. DeMarco, president of Maryland Citizens Health Initiative. “We are very happy. This is a great victory for public health of Maryland.” The bill would raise the current 15 percent tax on most cigars and smokeless tobacco products, known collectively as the other tobacco products (OTP).

Since July 1, smokeless products such as chewing tobacco and snuff to be 30 per cent tax.The tax on little cigars – also known as cigarillos – will rise to 70 percent. Health advocates say, cigarillos have become popular among teenagers due to their low cost compared to cigarettes because of their exotic flavors such as cherry and vanilla. The bill would not raise taxes on premium cigars – cigars that are rolled by hand, using whole tobacco leaves – which will remain at 15 percent.

Increases are expected to generate $ 5 million per year. While the OTP tax has not changed since 1999, the tax on cigarettes went from 36 cents to $ 2 per pack, that the range – including a doubling from $ 1 to $ 2 in 2007. State officials say cigarettes in Maryland, declined by more than 30 percent over the past ten years.

Mr Marco said he wants the General Assembly to raise the tax to $ 3 packs in the coming years to further eliminate smoking, he says, to improve the health of the state and lower medical costs. Some Democrats said it was too early to raise the tax again, and many Republicans have blasted the proposal as an attack on people who want to smoke and businesses that rely on income.

Delegate Neil C. Parrott, Washington Republican, said he had heard many complaints from business owners in the Western District of Maryland, who say a tax increase leads many customers to buy food in neighboring Virginia, Pennsylvania and West Virginia. “It will hurt their bottom line significantly,” he said. “I think it really comes down to the fact that the [government leaders] want all the tax as much as they can.”

The transfer of the increase during the 2013 session of the Assembly may be difficult struggle, but Mr. Marco said he was ready to continue their fight in 2014 through the election cycle. He noted that two of the most notable recent victories over the health of lobbyists – 2007 cigarette tax increase, and in 2011 the state tax hike on alcohol sales – came immediately after the election, in which his organization and other candidates for the pressure to take a position for or against regulating tobacco and alcohol use.

Mr. Marko said lawmakers could easily kill the cigarette tax increase in the coming years, but he expects that many will pledge their support for the 2014 election cycle, so as not to appear soft to curb underage smoking and public health.

“We will do this issue the election,” Mr. Marco said. “I really think we can do it by 2015.”

East Ridge proposed policy on tobacco is a little extreme

East Ridge staff and the Board discussed making all the property of East Ridge Tobacco Free Initiative. The City Administration was requested to have the decree has been prepared to vote on at the next meeting on May 24.

Full disclosure, I am a cigarette smoker, but even if I was not, I think that this decision is a bit extreme. There are already rules that do not allow smoking in the building of the city and vehicles. Of course, I respect and support this policy. I respect that right to those who do not smoke, and many have health issues that are affected by passive smoking. We have employees who smoke, dip or chew and require them to leave the city property on the break to relief in some form of tobacco seems to be counterproductive. Ash containers and designated tobacco areas may be greater than the distance from the entrance to the city building.

Of course, there are areas in the city property; it makes sense to be free of tobacco, Frontier Land, baseball, softball and soccer field and bleachers. Where there is a gathering of people, especially children, the Tobacco Free is the best option. Let’s take a look at the Camp Jordan, more than 250 acres and much of the open land. If one acre of you dipping, chewing or smoking, what are your health risks?

Recreation Director Martin should be able to have the restrictions that he can control, and around the field, where children are concerned. In discussing the proposed policy at a recent meeting agenda, the City Attorney Anderson informed the Council that the decision, they may restrict tobacco use on the property and collection of post signs $ 50 fine for violation of regulations. I was very proud of director Martin when he said that he does not ask in order, just put the signs, and he lives in order.

A lot of work and money, and will continue to be used to assist the camp in Jordan. Camp Jordan has much more potential than we’ve seen. Let’s be careful not to limit myself out of business. Looking to the future of that event is now coming to the camp of Jordan and other features. The coins show, mini football, mini football, the circus, the resale of events, exhibitions, Xtreme Battle, RV’s, car dealerships, and the list goes on. As I said, you can not smoke in the building including the arena, amphitheater, and any other building in the camp in Jordan. If a judgment is not inserted into the tobacco anywhere on city property, those who hold these events and those who attend the event will not be able to enter the parking lot and smoke, dip or chew. Will this policy gives us an advantage in booking events at the arena and at Camp Jordan? It may cause some restrictions, so as not to order or visit the area?

Gentlemen, I beg you to be realistic when you vote against this decision. Do not let your personal objection to tobacco will be your motivation for the way you vote. Do you have obligations in relation to young people and those who suffer from smoking? Yes you do. However, you should not, and it’s not your responsibility to legislate a healthy lifestyle. What’s next, no caffeine products, fatty foods or too sweet or high carbohydrate to the city?

Tax issues on Indian cigarette sales

The state years ago came up with the idea to tax cigarettes sold on Indian reservations. Over time, this idea has been stymied by a very simple and the inevitable question to be answered before implementing the plan: How? You can not tax the Indians on their sovereign land, but not all buy cigarettes on the reservation is a member of the tribe. Figuring out how to tax some smokers and not others was a difficult task.

Thus, before the governors of Andrew M. Cuomo has done a smart thing. They have thrown out some vague and unworkable idea – as giving the Indians vouchers to buy cigarettes without taxes. But they actually did anything. All this time, any smoker could go to the reservation and buy a pack of Marlboro or Kools – any brand – for a few dollars less than they would pay in a store with Indian lands.

Governor Cuomo has changed. He replied, “how” question of levying the tax at the wholesale level, before the cigarettes made their way to the sovereign and not subject to taxation of land. Wholesalers passed on the retail cost of the reservations and the Indians were taxed, tax-free officially.

The plan seems to be a genius glaring flaw: the governor can not force Indian retailers to buy cigarettes at inflated prices. And they do not buy them. It is unlikely that retail for a reservation of tax-free cigarettes at this time. The state sees the far-expected tax revenues as a result.

Governor – at least initially – said that cigarettes are manufactured and sold on the reservation are exempt from taxes; it was so hot to get together. It only makes sense, as implemented by Governor Cuomo’s plan to tax cigarettes at the wholesale level. If the wholesaler is an Indian, the cigarettes that they manufacture for sale in the book are not taxed. But if I go to the St. Regis Mohawk reservation and buy a pack of cigarettes, then they should be taxed, because I am from Eastern Europe, without a hint of Indian descent in my blood. This brings us to the original problem. It is difficult to tax some and not others do the same thing on an Indian reservation.

The problem lately, and not surprisingly, is more complicated than that, the government receives taxes, when the Polish guy buys a pack of native or a different brand of domestic production of smoke on an Indian reservation. Police recently stopped a large truck and confiscated cigarettes that were produced in the St. Regis Mohawk Reservation and the related book for sale in Nebraska. If the cigarettes produced on Indian land for sale on Indian land are exempt from taxes, the police should not be able to do what they did. The State argues, cigarettes were contraband when they leave the reservation without excise stamps. Now the Indians trying to answer the simple question “how?” As in, we get the cigarettes from the State of New York State Cornhusker, not getting them stolen to the police?

I suspect that there is no good answer. You can not tax them when they leave the reservation and they are taxed when they reach the land of Indians, where they are sold. It’s a mess. Confusion created by our governor. Indian business people are the only ones getting hurt when the state confiscates their cigarettes without any real justification. And plan for the state to get a lot of revenue from cigarette tax went to a great extent in the smoke, when Indian retail sales dropped almost all of the brands that can be taxed. So no one wins.

When the idea so much, tanks, perhaps it is time for the governor to get new ideas. He may want to look at the example of their predecessors and get back to doing little for the collection of taxes which nobody figured out how to raise enough.

The first round of tax reform on tobacco

The mood at the closing ceremony of the Congress of the Philippine College of Physicians (PCP) last week was clearly celebratory. About half of the day at noon Ways and Means Committee, House of Representatives voted for an amendment to the historical “sin taxes” on tobacco and alcohol products.

Over eight thousand people, the control panel is the largest organization of medical specialists in the country. From the very beginning of discussions on cigarette taxes, the college management has been at the forefront of the campaign, finally, the rationalization of the taxation of cigarettes, thereby substantially increasing revenues directed to health and, more importantly, the increase in retail prices in order to prevent vulnerable groups (youth and the poor population) by raising or stored in a habit.

PCP has provided technical support for the establishment of the harmful effects of smoking on health, their families and communities, as well as the entire health system. Not only is the immediate cause of smoking chronic, no communicable diseases, the habit is injurious to health system far into the future, forcing the company to spend huge sums for the treatment and rehabilitation of its victims.

The administration, led by the Department of Health, Finance and Budget, provided the necessary political will to overcome what is still unbeaten tobacco lobby, which spent huge sums to prevent any rational form of tobacco control. Showing great political will, the administration allies in the house came in force to corner pro-tobacco efforts to stop by questioning the quorum in the committee hearings.

However, a realistic anti-smoking advocates are aware that tobacco control has only just begun. Tobacco unit still has considerable power to vote and the financial muscle to soften the impact of tax reform on the floor of the house. In addition, tobacco companies continue to exert considerable influence in the corridors of executive power – from the administration of Philippine tobacco is still firmly in the hands of pro-smoking bureaucracy is fully supported in the securities industry’s Tobacco Institute, as well as trade and industry.

Even more disturbing is the possible impact of entry by other foreign cigarette in the Philippine market. British American Tobacco (of which a record was to help streamline the taxation of cigarettes) is no less aggressive, persistent and devious marketing a cigarette as his opponent, former monopoly, Philip Morris. Health of Filipino people, of course, is very low in the priorities of these two giant international companies that do not have to roll over and play dead in the face of increasing anti-smoking campaigns in the health sector.

Meanwhile, in the Senate last week, RH Bill – seeks to legalize the provision of information on reproductive health and services for all Filipino women, regardless of income status – continued painfully slow as a tortoise, the progress of adoption. One of its authors, Senator Pia Cayetano, answered the question on the floor by Senator Aquilino Pimentel Young III, whose father was one of the violent contrasts of family planning legislation throughout his many years as a senator.

One major issue raised was the need for legislation, given the fact that the current DOH has already said that family planning and other reproductive health services were the focus of health-sector strategy for the achievement of the Millennium Development Goals of reducing maternal and child morbidity and mortality.

RH advocates of course respond by pointing to the record of the last administration of denial of services on the basis of political will, to some leaders of the Catholic Church. In order to ensure the sustainability of reproductive health benefits, it is important that the provision of services to be the national policy expressed in the legislation. Anything less will be the death of the Filipino people, especially poor and marginalized women with inconsistent delivery of health services, depending on the political whims of national or local leaders under the influence of the conservative Catholic extremists.

Catholic Dissent at different levels and points of disagreement with the church hierarchy would do well to read “as it was in the beginning: Soon the democratization of the Catholic Church.” This book, published in 2007 a former priest, award winning author and Northwestern University journalism professor emeritus Robert McClory.

The book describes the evolution of church government from its original democratic practices established by Christ through his gradual “monarchization” and possible adoption of authoritarianism in the middle of the century and the hardening of positions of faith and dogma in the last few centuries in response to modernity and the age of reason. At the beginning of one of the last chapters, McClory gives hope to date of dissent, saying: “Perhaps the most important reason to discuss the democratization of the Catholic Church is that it’s democratic. In its essence, in its roots and foundation, in its very reason for existence, it is of the people, by the people, and for the people.”

Alcohol, Tobacco Agency shutters Daytona office

Florida agency that monitors the illegal sale of alcohol and tobacco is planning to take 46 investigators on the streets of the state – to the dismay of Chiefs of Police and at least one sheriff, who are afraid of law enforcement-oriented party and Daytona Beach would suffer. Over the next two years, 46 police officers working in the office of alcohol and tobacco instead be responsible for the civilian tasks within the agency, the national trend called “civilianization”, which is to keep government agencies thousands of dollars.

The proposal also would allow those who remain, as law enforcement officers to focus solely on the criminal investigation, because they no longer have to work on administrative matters, said Sandi Copes Poreda, spokesman for the agency. This step also includes a demotion, at least, five lieutenants, who will go back to the street as an agent. Here are aimed at reducing the agency “upper echelon” command structure, said Vicki Cutcliffe, Chief of alcoholic beverages and tobacco in the Bureau of Law Enforcement. Cutcliffe also known as a demotion, “putting shoes back on the ground.”

In a letter earlier this year, Cutcliffe said the changes are based on the recommendations of the Task Force of the Law of consolidation agencies. The Council was established in 2011 Legislature to study the possibility of converting the position of law enforcement to civilian positions in all public bodies, who have vowed personnel. This plan is called the closure of the office Daytona Beach on alcoholic beverages and tobacco, which were five agents.

Now, two of them, investigators will be civil servants, and three will continue to monitor and investigate the illicit alcohol and tobacco sales in Daytona Beach and Volusia County, Poreda said. However, these tools will run from the Orlando office of the agency. Poreda said, because these three agents will focus on issues of law enforcement agencies of Daytona Beach will be effectively covered.

But the Volusia County Sheriff Ben Johnson and the Port Orange Police Chief Gerald Monahan – speaking in the Florida Police Chiefs Association – oppose the plan. “The closure of the post (Daytona Beach) and the subsequent loss of the oath of law enforcement officers will pay a huge burden on the resources and manpower in my office and can have serious consequences for public safety,” Johnson wrote in a letter to Governor Rick Scott in April. “The agents in this office assist us in gathering intelligence operations in cooperation with the FBI during special events and work with us throughout the county on all matters relating to alcohol and tobacco.”

Monahan, a former president of the Association of Chiefs of Police and a representative of the group to consolidate the Law of the Task Force to ensure compliance in the last month sent its concerns about the plans for civilianization ABT and lows in this section. The police chief also said that the drop in five lieutenants, the agency puts the five sets of boots on the ground. But he noted that the transfer of 46 police officers to civilian positions makes another “46 sets the ball rolling.”

Monaghan said during a meeting in November last year, members of the Task Force met and reviewed the report, which supported the use of nonsworn personnel to perform administrative jobs in order to free up law enforcement for criminal investigation. “The report mentions no less than nine times that civilianization agencies a way to increase the oath addition, the agency, rather than reduce it,” Monahan said the task force. “Nowhere in this report, it appears cutting sworn positions.”

Johnson and Monahan are not only concerned about the actions of the police state.

One of the lieutenants is demoted veteran agent John Szabo, who worked in an office in Daytona Beach. Szabo could not comment on this story, but in a letter sent to him, Douglas Allen, director of the agency in late March, Sabo said he will be law enforcement investigator II. $ 55,000 a year salary will be reduced by Szabo 7 1/2 percent. He worked for the agency for over 20 years. In his letter, Douglas said Sabo was given the opportunity to take “voluntary demotion”, and salary. But Szabo said that he was the bottom “involuntarily and” under duress “.

British public back the electronic cigarette revolution

More than one-in-three British think electronic cigarettes should be more accessible to smokers, according to research commissioned by the major leading brands in the UK E-Lites.

About 36 percent of respondents said e-cigarettes should be more accessible to smokers, while 43 percent agreed in principle that the recent introduction of products represented good news for smokers.However, 47 percent said they did not know enough about electronic cigarettes, to express his opinion, which supported calls for more education about the benefits of products for smokers.

E-Lites survey conducted by, questioned 1000 members of the public about their attitudes to smoking. The respondents consist of 25 per cent of regular smokers, 12 percent of casual smokers and 63 percent non-smoking. Responding to a question, when the three things that they love the most smoking in general, the most common answer was the smell given by 58 per cent of respondents, and this was followed by bad breath, reduced by 46 percent.

It speaks about the external effects of smoking and its impact on the appearance is more important for the image of Britons than deliberate injury. Only 37 percent selected the damage to the health of smokers, as the chief did not like it, while 38 percent cited the influence of smoking on health of smoking as a key reason for complaint. With the recent budget announcement by clicking the average price of packs of up to 7 pounds, it might not surprising that the top complaint among smokers were price increases on smoking, with 69 percent of the names that their main complaint.

Nevertheless, 83 percent of total respondents confirmed that they were aware of e-cigarettes, such as E-Lites, which are an alternative for smokers. Approximately three to understand that electronic cigarettes are healthier than regular cigarettes, and only slightly less admit that the smoking ban does not apply to these smoking products.

Interestingly, only 13 percent agree that electronic cigarettes are cheaper than regular cigarettes, despite the E-Lites, for example, while 70 per cent cheaper than their traditional counterparts. It is believed that the typical 20-day smoker will save around £ 162 per month by switching.

E-Lites, founded in 2007, is the most respected brands in the UK, providing smokers with a reliable electronic device that is safer, cleaner, healthier and cheaper than tobacco cigarettes, as well as an unlimited legal for use in public places. The absence of tar, tobacco and other toxins can E-Lites, and avoid the devastating effects of smoking, while enjoying the familiar experience of nicotine inhalation. To be free from unpleasant odors and smoke, E-Lites is not passive smoking issues, and therefore far fewer unwanted smoking.

E-Lites co-founder and director Adrian Everett said: “We commissioned this study to get an accurate picture of how the British people think about smoking in 2012. Results are very interesting. While smokers are fed up with the rising cost of tobacco cigarette smokers, in particular , the object of unpleasant odors, smoky environment, and bad breath associated with smoking. It is therefore not surprising that nearly half the British public believe that e-cigarettes as E-Lites is a welcome innovation simply because it eliminated all of these complaints in a single . That’s why we make every effort to further improve the accessibility of E-Lites across the country.

“But what we also recognize that many other people in the UK, do not feel sufficiently informed about electronic cigarettes, so we must continue to try to inform the public about the benefits of these products, unlike their predecessors, a legacy of tobacco.”
E-Lites ( was founded in Britain in 2007 and is already a leader in its field, producing some of the most advanced electronic cigarette on the market. The company is expanding nationally and internationally as demand grows for innovative products.

His latest series of new-generation E-Lites are the result of extensive research and development in the UK. Evolution of E-Lites has been supported by significant investment in development and testing of electronic devices for smoking manufactured to the highest standards and delivers the most authentic and luxurious feeling of smoking is possible. Our manufacturing plant is the newest modern micro-electronic technology, providing E-Lites has set the standard in the electronics industry to smoke. E-Lites globally patented internationally trademarked and are based on international guarantees of spare parts.

Michael Ryan, one of the founders of Directors E-Lites, is also chairman of the Electronic cigarette industry Trade Association (ECITA), the representative body that provides advice, guidance and support to its members, and work to ensure proper regulatory framework applicable to such products. For more information, visit

Marlboro maker Altria 1Q profit up 4 percentage points

Marlboro maker Altria Group Inc said on Thursday that its first-quarter profit rose nearly 4 percent as price increases and cost cutting helped offset the decline in cigarettes. The owner of the nation’s largest manufacturer of cigarettes a net profit of $ 973 million, or 48 cents per share, for the three months ended March 31, compared with $ 937 million, or 45 cents a share, a year earlier.

Adjusted profit was 49 cents a share. This is consistent with analysts’ estimates, according to a poll FactSet. Revenue, excluding excise taxes, increased about 1 percent to $ 3.99 billion. Analysts polled by FactSet expected revenue of $ 4.01 billion. Its shares rose 24 cents to close at $ 31.93 on Thursday. Its shares were trading near its 52-week high of $ 32.10 and traded at $ 23.20 last year. Richmond, Va.-based Altria said cigarette volumes fell 2.6 percent to 31.1 billion cigarettes compared with last year, as increased by almost 18 percent of its brands discount cigarettes compensate for the loss of their premium brands like Marlboro. His best-selling Marlboro brand gained 0.1 points of market share to end up with 42.3 percent of the U.S. market. Marlboro volumes declined 3.4 percent.

The company introduced several new products with the brand Marlboro, often with a low promotional rate. They include a special mixture of menthol and without menthol cigarettes to try to keep the brand growing and steal smokers from their competitors. Altria-still faces pressure in the modern economy of the less expensive brands such as Pall Mall from Reynolds American Inc. and Lorillard Inc., a Maverick Like other tobacco companies, Altria is focusing on cigarette alternatives – such as cigars, snuff and chewing tobacco – for future sales growth, as the decline of smoking will continue.

The volume of its smokeless tobacco brands such as Copenhagen and Skoal fell 7.5 percent compared to same period last year, which included the launch of several products Skoal. For the quarter, smokeless tobacco brands were 55.5 per cent of the market, which is tiny compared with cigarettes. The volume of his black and mild cigars grew by more than 14 percent during the period. The company also owns a wine and financial services, which saw gains during the quarter. He also holds shares of the vote brewer SABMiller.

In its last earnings conference call, CEO Michael E. Szymanczyk said he believes that the company has a large effect that the position it for growth and “enthusiastic about the prospects for the future in Altria”. Company announced last quarter that it will retire after the annual meeting of shareholders of Altria on May 17. Altria has been forced to cut expenses as tax increases, smoking bans, health and social stigma make the cigarette business tougher. After the $ 1.5 billion in long-term conservation programs in the past year The Company has released a plan to cut $ 400 million in “cigarette-related infrastructure costs” to the end of 2013 in anticipation of the expected decrease in volumes of cigarettes.

The company said its marketing, administration and research costs have decreased by about 12 percent to $ 483 million and its gross profit rose 2.5 percent to 2.2 billion dollars. Altria also reaffirmed its full year adjusted earnings guidance of between $ 2.17 and $ 2.23 per share. During the quarter, the company also said it repurchased 9900000 shares worth about $ 294 million under its previously announced $ 1 billion share repurchase program. It has $ 378 million remaining in the program and intends to complete it by the end of the year. Altria is the last of the major U.S. tobacco companies to submit in the first quarter results.

On Wednesday, № 3 Lorillard Inc, a manufacturer and Maverick Newport cigarettes, said its net profit fell 10 percent in the first quarter, higher prices could not offset about 3 per cent reduction in the number of cigarettes sold. Reynolds American, the second-largest tobacco company in the country and the, Pall Mall and Natural American Spirit cigarettes, said Tuesday its first-quarter profit fell 29 percent as restructuring costs and a 5-percent reduction in the number of cigarettes sold in more than offset the impact of rising costs and increasing productivity.

Taxes on cigarette smokers roll their own press

The Americans had the habit of smoking “a significant shift in the market,” since federal tobacco taxes were increased in 2009, a new report by the Government to an end. Sales of pipe tobacco and cigar great to be taxed at a lower rate have increased as smokers adjusted their spending habits to the new price structure.

Pipe tobacco is increasingly being used for a relatively inexpensive cardboard boxes roll their own cigarettes. Fox Valley has a few shops to roll their own machines available to customers. Kim Schaefer of Appleton Souvenir and Cigar Company says that she noticed changes in trends in tobacco use. “In fact, a few other people stand up pipe smoking,” said Schafer. Monthly sales of pipe tobacco have increased twelve times, with approximately 240,000 pounds in January 2009, more than 3 million pounds sterling in September 2011, the General Accounting Office found. Monthly sales of large cigars more than doubled, from 411 million pounds to over £ 1 billion over the same period.

Congress increased taxes as a roll of his own tobacco and a pack of cigarettes in April 2009, which makes them equal. Lawmakers passed the increase are less than the tobacco tax, which became the replacement for the deployment of their own tobacco. In Wisconsin, state cigarette taxes rose by $ 1.75 per pack from the end of 2007 to the current $ 2.52, making the deployment of its own tobacco industry a cheaper alternative to cigarettes. In addition, Congress began to tax small cigars at the same rate as cigarettes. In response, manufacturers of small cigars slightly increased the weight of many of their products so that they are classified as lower taxed big cigars, although they are often just a little more than cigarettes and often have filters.

Premium cigars are hand-made high retail price of $ 3 to $ 20 or more each, but “less than factory manufacture of cigars, which meet the legal definition of a large cigar can cost as little as 7 cents per cigar,” GAO reported. Market shift to cost the federal government is estimated to $ 615 million to $ 1.1 billion in uncollected tax revenues in the period from April 2009 and September 2011, the report said. It does not estimate how many individual states may have lost in uncollected taxes.

“This is real money and the scheme of tax evasion of Congress should be interested in ending the” Gregg Haifley, deputy director of federal relations at the American Society Network for Cancer Control Cancer, the report said the GAO. “It is also counterproductive to public health from tobacco taxes.”

The report calls for closing tax loopholes

Liggett CEO Ron Bernstein, whose company sells discount cigarettes that are taxed at a higher rate, said his company estimates the tax loopholes cost the government more. About 2.7 million people bought a roll of their own cigarettes in the past year, and can grow to 3 million in 2012, he said, citing data from the Ministry of Finance and the Centers for Disease Control and Prevention.

In a written response to the GAO report, Treasury officials noted that the figures in the report «are not the actual loss of income, and your estimate of income increases, if Congress were to change the law to eliminate the disparity.” This GAO Recommendation: Congress should eliminate the disparity. According to the report of the GAO, the woman is one of the tobacco companies said that she did not know the difference between a roll your own tobacco company formerly produced it, and pipe tobacco, it moved to a solution – in addition to the federal excise tax.

Senator Tom Harkin, D-Iowa, has 15 co-sponsors legislation to eliminate tax differences provide income for their help in funding the individual with disabilities Education Act, but the bill is stuck in the Senate Finance Committee. In contrast, 176 House lawmakers and seven senators co-sponsoring the traditional production of cigars and small businesses Job preservation law that exempts large, premium cigars from regulation by the Food and Drug Administration.

Warning of the family and tobacco smoking law in 2009 gave the FDA authority to regulate most immediate of tobacco products, but the agency is required to pass regulatory rulemaking cigars and pipe tobacco. The lead sponsor of the bill passed by the House, Republican Congressman Bill Posey of Florida, is considering as one of personal liberty for “admirers who love to smoke a premium product,” said spokesman George Cecala. “It would be disadvantageous to have a cigar shop. This niche is what adults do. This is not what children do.”

Currently, the cigar is defined as large if their 1000 weighs in at least three pounds. It would double to six pounds a bill passed by the House. Grand Prize and the cigar wrapper should be composed entirely of tobacco, not just the content of tobacco. And big cigars, premium will not have filters. The bill, however, has no tax component in its current form. This does not change the tax code definition of a large cigar.

Smoking creates hidden costs

Protection of cigar smoke shops or stores, small business goes to the broader impact of smoking on all businesses, according to Frank Chaloupka, an economics professor and director of the Center for Health Research at the University of Illinois at Chicago. “Business themselves are part of the cost of tobacco on their employees,” he said. “Their staff smoking will miss more time at work. They pay higher health insurance contributions because of their habit. I think it’s kind of short-sighted.”

At that time the FDA takes action, the GAO report suggests that progress in this direction is related to fixing the current tax loopholes that give preference to pipe tobacco and cigars, making them great alternatives on the market,” Waxman said on Tuesday. He added that the fiscal correction may be part of a larger tax bill is considered in the lame duck session after the November elections. More immediately, the Senate bill passed the transportation reauthorization includes provisions that would prevent the growth of a roll of their own vehicles by assigning smoke shops that have machine manufacturers. House may not vote on this issue, and freshman Rep. Diane Black, R-Tenn., Has 59 co-sponsors of the bill that would do it.

Tobacco use continues to decline

Smoking opponents say the tax loopholes are secondary to more important and positive news about the health of reducing tobacco consumption among Americans, as a result of the April 2009 increase in taxes when the federal excise tax on a pack of cigarettes rose to $ 1.06. Percentage of American adults who smoke decreased from 20.6 percent in 2009 to 19.3 percent in 2010, according to the Centers for Disease Control and Prevention. “When you look at the federal tax increase, a public health because the victory of tobacco consumption has decreased, and this victory, because the budget revenues increased,” said Danny McGoldrick, vice president for research at Campaign for Tobacco-Free Kids.

“And we would like to add that this is a political victory, because the tax on tobacco products is one of the few taxes the vast majority of the population in support of both parties. It would be a great public health victory and win the big incomes, if we could eliminate these loopholes that tobacco companies are behind the wheel of his truck to the end. “Cigarette sales have fallen by about 11 percent from 17.3 billion packs in the 12 months before the tax increase to 15.4 billion packs in the 12 months after the high rate of entry into force, according to the Campaign for Tobacco-Free Kids.

Tenants of smoke over the invasive second-hand smoke

Lighting in public will help you fine in some cities, but people are forced to inhale smoke in their own homes, because they live next to a smoker a little legal protection.

Thus, we observed a resident of Burnaby, Bill Liu, who is worried about the impact of passive smoking on his wife and daughter, four-year, when the neighbor’s cigarette smokes blowing in the window of his rented town house. He says that his neighbor smokes on the porch of her – which is separated from a metal grating, Liu – several times a day. The smoke comes through the bedroom window at night, causing them to cough, Liu says, caring for the family, as the weather warms up.

“Sometimes we can not sleep, even at midnight.”

In the 2008 study by the BC Statistics offers Liu is not alone. Thirty-four percent of BC Apartment and condominium residents – about 200,000 – is subjected to unwanted exposure to secondhand smoke, according to a survey conducted for the Heart and Stroke Foundation BC And the Yukon. Most suffer in silence, not wanting to cause a confrontation, says Veda Peters, Tobacco Education Coordinator, BC Lung Association. Peters field complaints second-hand smoke in homes for at least six times a week. Many come from people who have children with asthma or other diseases or were injured. “There are many people who simply can not stand … The logic of the transition to the post for eight hours a day, which should be smoking in the law … you spend 16 hours a day at home, so, and there are no rules that, or you can not be exposed to toxic substances such as tobacco smoke, “she says. “People just do not understand what they want to do something.”

Liu said that he and his wife for the first time discussed the situation with a neighbor in February. Then he contacted his employer and the layers of this Council, and even had a lawyer write a letter asking a neighbor to smoke in another place at the appointed time, when the windows of the family of Liu would be open. To date, his efforts failed, and he is now working with the corporation layers solutions.


If the tenant signed the agreement recognized the property non-smoking room when they move in, there’s not much you can do the landowners, said, Marg Gordon, CEO of BC apartment owners and managers of human association. Tenants may argue, smoking interferes with their neighbor’s right to “quiet enjoyment” under the Residential Rent Act, Gordon says, a position supported by Al Kemp, CEO of rental owners and managers of public BC “If it is serious enough, the landlord is obliged to do something about it,” says Kemp.

BC Housing Rent Board decisions on second-hand smoke went in both directions. The owners were ordered to repair the unit to seal them from exposure to second hand tobacco smoke as well as to reimburse the costs of relocation of tenants who are forced to move after being wrongly told their construction was forbidden to smoke. Complaints from tenants have not been rejected on the grounds that the amount of smoke entering the unit is not unreasonable infringement. The directory on the smoke-free BC Housing Web site managed by BC Healthy Alliance Life, listed buildings, smoking in 56 BC Earlier this week, 21 of which were in the Lower Main-land, Fraser Valley and Whistler. And Kemp and Gordon say they are seeing an increasing number of landlords to move in this direction. Organization of seminars for Kemp developed land lords on how to make the transition. Sometimes it’s as simple as issuing a letter stating that as of a certain date, the building is non-smoking residence, says Kemp. “This means that all future leases the land-lord may insist on smoking, as well as the execution could not smoke, if the tenant moves and says:” Yes, we do not smoke “and then they actually start to smoke,” said Kemp.

It should not interfere with the other, he says. “If they smoke, they agreed not to smoke, they are out.” This does not mean that rules can be changed for existing tenants who smoke. Exceptions should be grandfathered, Kemp says, but how to convey apartment building will eventually become non-smoking. “It’s definitely something that many landlords are going to meet, but it’s also the fact that many of the tenants to protect their rights because they have lived there for 20 years,” Gordon explains. Even in smoke-free buildings, the question of whether, ten ants can smoke in the open air places, such as balconies and fire escapes is a legal gray area, Gordon.

BC Tobacco Control Act defines places such as apartment lobbies, hallways, and laundry areas as public places where smoking is prohibited. The law requires that smokers are at least three meters from the entrance to public roads, apartment buildings, open windows or air intake and put the responsibility of the landlord or the health authorities. The law does not extend to balconies in apartments or condominiums, but the landlords or strata council may adopt rules to ban smoking in these areas. In some cases – the City of Vancouver is one example – the municipal charter, relating to second-hand smoke are more stringent than provincial laws and city department officials may be involved.

Smokers looking for a place to rent in Vancouver face more difficult times, the majority of landlords to rent ads showing what they are looking for non-smokers, smokers Ricky said Ariston. He now lives in the house, but is used to refrain from smoking in the room when he lived in the apartment and searched for designated areas. “I think it’s a matter of respect,” he says. “If you do something that every body has not yet done, do it in your own space.”

The situation becomes even more complicated in condominium complexes. Strata buildings are subject to the Law of Tobacco Control and any applicable municipal regulations, but the layers of councils also have the right to establish and maintain their own anti-smoking regulations, which could, for example, a ban on smoking on balconies and rooftops.

Even where no such rules exist, it is a standard resolution in accordance with the Strata Property Act, which prohibits people from engaging in activities that cause inconvenience or danger to another person, said Tony Gioventu, executive director of the Association of Condominium Home Owners. “Nuisance … may include smoking, noise, and vibration, light, whatever. Provided that they cause discomfort, the layers corporations are able to ensure compliance with the statute,” he says.

The representative of the Council of the layers townhouse complex, Liu would not say that smoking rules they have. The neighbor does not violate the statute Liu or provincial rules for the treatment in Burnaby, says Roy Thorpe-Dorward Fraser Health Authority, which provides and anti-smoking decree Barnaby and provincial law on tobacco control. At the same time, Liu, who immigrated to Canada four months ago in Beijing, said that if second-hand smoke continues to prevent him from opening the windows, the family will be forced to leave their homes.


Moving is not an option for Rose Marie Borutski, whose case is one of the few disputes involving second-hand smoke in homes, which were BC Human Rights Tribunal. Borutski, who is disabled, moved into the subsidized unit in Kiwanis Park Place to the south of Surrey in 2008. The complex, run by a nonprofit community housing Crescent, provides both market and subsidized rental units for people with disabilities.

Borutski requested non-smoking suite in a building or part of a building in BC Housing and gloom, finding that it formerly belonged to a smoker box, and that one smoker lived in the suite below. In subsidized housing clients on a tight budget, Borutski knew that her opportunities were limited. With Borutski loved living near Crescent Beach, although its cupboards and walls smelled of smoke, she decided to stay.

“I remember very well thinking that I should accept it, at least temporarily.” But secondhand smoke in the building soon became unbearable for Borutski and some of its neighbors. The group did some online research patterns of second-hand smoke, and presented a petition signed by 46 people, the management of the building. The petition was rejected, she said.

It was after this dismissal, at the end of 2008, the group decided to file a complaint with the BC Human Rights Tribunal, alleging that Crescent housing discrimination against them on the basis of disability by failing to prevent exposure to secondhand tobacco smoke. Court denied the request of the Housing Society to dismiss a complaint without considering two months ago, and the case is still pending.

Around that time human rights complaint was filed, the building managers decided to take the smoking policy for new tenants. Borutski claims that smokers are more after he moved in the policy was introduced, but Reinard Coles, who volunteered for the president of public housing, denied that it is. “We had some good success in this direction. We still have a few units grandfathered smoking there, people who were there for a long time and are still smoking in their units,” he says, acknowledging that new tenants are not always abide by the rules.

“They fill their application, they will swear on a stack of Bibles that they do not smoke … and only them, you are in life the best you can non-smoking policy in that block,” he says. “We are doing everything we can.” At the same time, health Borutski deteriorated. She was diagnosed with asthma in 2009 and says that she became the object of harassment by smokers at her home. She asked, BC Housing to move elsewhere, but says she was told there is no guarantee it will get smoking residence.

Last year, Borutski left for a few weeks time, the finding of the meeting house jobs. Her health improved, but the situation remains unresolved, and its human rights complaint has not yet been heard. Coles said housing society is responsible for ensuring the city’s anti-smoking decree Surrey, which prohibits smoking within 7.5 meters of doors, windows and air intakes. Society put up signs to that effect and written letters to tenants who violate the statute, he said, adding that in light of these human-rights complaint is not required.

“It is … worth several thousand dollars to defend it all comes from the non-profit society … it makes for difficult conditions, of course.” Human rights Borutski COM-complaint, which includes nine people, is one of several trial solutions of second-hand smoke. The other claims, failure of BC Housing to provide housing for persons with disabilities smoking is discriminatory. The Court has not yet taken a decision on whether sensitivity to passive smoking is a disability.

British Columbia courts, as in the world, first weighed in on this issue for more than 20 years ago. BC The court granted an injunction in 1984 to prevent people from Abbotsford cigar smoking in his apartment, holding that the smoke creates a constant and potentially dangerous nuisance to older people living in the unit above. “While people should expect to put up with some inconvenience, in the modern world, there comes a time when the criminal problems should limit their actions when they are clearly detrimental to others,” Justice Selbie BC Circuit Court wrote in a while. “There are many things that a person can do in your home or castle.”

Cohasset to consider ban on electronic cigarettes

Electronic Cigarettes, or e-cigarettes do not contain tobacco, tar, or any of the harmful chemicals are packaged in traditional cigarettes. But these modern devices deliver nicotine may soon be banned in some parts of Cohasset.

Board of Health will ask voters on May 12 town meeting to change the smoking community charter to prohibit the use of electronic cigarettes in all places where traditional cigarettes are not allowed. This includes offices, restaurants, sports facilities, bars, train stations and other places where crowds usually gather. “This is a new make of tobacco products”, Cohasset Medical Officer Tara Tradd said electronic cigarettes.                                              If voters approve a new bylaw, Cohasset will be the first city to implement the Southern coast of the ban on electronic cigarettes, according to the nonprofit Massachusetts Municipal Association. Nineteen cities in the country, including Boston, have adopted a ban on electronic cigarettes box in their anti-smoking laws.

In recent years, government officials and Federal Health expressed concern about the unknown effects of electronic cigarettes. Tradd said that scientists have studied the products invented in 2003, is fully sufficient to conclude whether they are harmful. Many critics of electronic cigarettes have also claimed that the device may result in non-smokers, including children, smoking traditional cigarettes. Although nicotine is not electronic cigarettes, many people use the devices to get their nicotine fix without inhaling chemicals from traditional cigarettes. According to the Association of Massachusetts municipalities, 28 cities and towns in the state, including Kingston and Hanover, have adopted new laws restricting the sale of electronic cigarettes and other nicotine delivery products. Most of these changes to ban the sale of electronic cigarettes to minors.

On May 12, City Council, Department of Health will also offer Cohasset on the right changes that would prohibit the sale of electronic cigarettes to minors. They also want to prevent the three city stores with pharmacies from selling tobacco products, including electronic cigarettes. Selectmen Cohasset and the Advisory Council unanimously opposed the proposed rule change in health. Selectmen Chairman Ted Carr said the board was divided on the electronic cigarette debate, but he said that members overwhelmingly against the new restrictions on local merchants.

“I just think there are other ways to promote health without sacrificing the economy,” said Carr.           Health officials in Weymouth and Braintree said that they are not considered any further restrictions on the sale or use of electronic cigarettes. Gerald Meyer, chairman of the Marshfield’s health, said his committee is not dealt with the issue either, but he said he could understand the rationale for the proposals to Cohasset. While Meyer said that there is no evidence that electronic cigarettes are harmful, he said that they could create a breach, because they look like cigarettes.

“It’s like someone drinking ginger ale from the beer cans,” he said.

Tobacco Company fights tough labeling rules

Imperial Tobacco Canada, the country’s largest tobacco producer and distributor, began against the unconstitutionality of the federal government order to increase the size of the graphic health warnings on cigarette packs to 75 percent of the surface.

New warning violates the right to freedom of expression and commercial consumers of tobacco products right “to receive information about their buying decision,” said the company statement of claim filed on Wednesday in Ontario Superior Court of Justice. “If you choose to further regulate the legal and already heavily regulated industry, it is clear that the federal government avoids a number of the country’s tobacco problem of the illegal tobacco market – a market that evades all taxes and applicable standards and whose products do not carry health warnings,” John Clayton, Vice President of Corporate Affairs at Imperial Tobacco Canada, said in a statement.

“Does anyone seriously believe that Canadians do not know the risks of smoking?” Clayton asked. “Increasing the size of warnings from 50 to 75 percent will not lead to any measurable change in attitudes. We were forced to take this position for us and for other industries that may be subject to excessive regulation,” he said.

Rob Cunningham, Senior Policy Analyst Canadian Cancer Society, said the legal issue is “totally unfounded”. “The more warnings are more effective, less alert,” he said. “They will not try to hit them.” In September, the federal government brought in rules that require graphic health warnings to take at least 75 percent of all packages cover age, and toxic releases and statements are free “Quitline” number must be displayed.

Health information messages about the benefits of smoking cessation should be on the list, you can insert in cigarette packs, or printed on their appearance. All the packages of tobacco products in Canada must comply with new rules on June 19. “It is legal in Canada, production, distribution and sale of tobacco and tobacco products to adults. Currently about five million adult Canadians have decided to smoke,” the statement said the company’s requirements. “Tobacco manufacturers, such as [Imperial Tobacco Canada] have a fundamental right protected by the Constitution …, to send information to their clients about their legal tobacco products.”

“In exercising their constitutional right to communicate about their legal tobacco products, [Imperial Tobacco Canada] uses its trademarks, brands and packaging, to inform its customers and differentiate their products on the market,” he said.

According to the lawsuit, the new label infringe on the rights of producers of tobacco products, “the statute, at least two ways: They prevent,” as the producers have decided to express themselves, “because they are forced to” carry the message to the government in the manner and form directed by the government. ”

Second, the requirement to carry out this message to 75 per cent of the package limits the ability of manufacturers to report their trade mark or brand information to customers and to “protect the value of their trade marks and brands.” In an email, Health Canada said that the Conservative government “will vigorously defend its position.”

“I am confident that Canadians are on our side,” the spokesman said Health Minister Leona Aglukkaq. “The court wills this tobacco company, I will not comment further at this time.” Even if the new health warnings should be “actual and substantial objective” impact on the rights of tobacco companies’ charter “disproportionate”, which leads to a more “obvious harm than any good speculative” in accordance with the requirements.