Posts tagged: cigarettes trends

London museum removes cigar from Churchill photo

Now, it seems, the do-gooders are meddling with history.

A big, fat cigar was almost a permanent fixture in photos of Britain’s wartime leader Sir Winston Churchill.

Churchill whitout cigar

But now visitors entering The Winston Churchill’s Britain at War Experience museum are being greeted with a tobacco-free Photoshopped image of him.

The image in question is a well-known 1948 picture showing Britain’s prime minister making a “V” with his fingers while chomping on a cigar. In the version hanging above the museum’s main entrance, his trademark stogy is nowhere to be seen.

The altered photo, which was first reported by the Telegraph.co.uk, managed to slip by museum managers, saying they did not notice the cigar was missing.

“We’ve got all sorts of images in the museum, some with cigars and some without,” John Welsh, the manager of the museum, told the Telegraph. “We’ve even got wartime adverts for cigarettes in the lift down to the air-raid shelter, so we wouldn’t have asked for there to be no cigar.”

Despite being shocked to learn of the fudged photo, Welsh declined to give up the person responsible for helping Churchill kick the habit – at least in photos.

Airbrushing cigarettes and cigars out of pictures is nothing new. In January 2003, poster companies in the U.S. removed a cigarette from the hand of Paul McCartney on the cover of the Beatles’ Abbey Road album. The change was made without the permission of either McCartney or Apple Records, who owns the rights to the photo.

And since then, anti-smoking campaigners have targeted movie studios that feature scenes with stars puffing away.

The advocacy wing of the American Medical Association launched a summer-long campaign in 2009 to publicly shame the studio that had actors and actresses smoking on the silver screen.

But even though society now casts smoking in a negative light, not everyone is happy with the altered image of Churchill.

“I pointed out this crude alteration to a museum steward who said she hadn’t noticed the change before, nor had anyone else pointed it out,” museum visitor David McAdam told the Daily Mail. “Viewing the now disfigured image reveals just how unhinged the vociferous anti-smoking lobby has become. So much for the notion that only communist tyrants airbrushed history.”

Allen Packwood, the director of the Churchill Archives Centre, says the airbrushing distorts the image of the former prime minister.

“The cigar is part of what makes Churchill an iconic figure and of course it was very much part of his image as war leader,” Packwood told the Daily Mail. “It went hand in hand with his victory salute and the uniforms he wore.

“What’s politically correct for 2010 was not politically correct for 1940.”
BY Michael Wursthorn, Nydailynews

Tobacco says no to taxing non-profits

STATEN ISLAND, N.Y. — Assemblyman Lou Tobacco said he is opposed to a plan being floated in the state Senate that would require not-for-profits to pay property taxes. He said the move would place “additional burdens on already struggling non-profit organizations by forcing them to contribute to the real estate tax.”

Tobacco (R-South Shore) called it “an extension of a movement in Albany to view once protected sectors as revenue streams,” which could have “potentially disastrous results for non-profits.”

Instead of “taxing non-profits to generate new revenue,” Tobacco said, “the state must reduce spending and adopt more fiscally responsible budgeting practices.”

Specifically, he said state agencies with duplicative services should be eliminated, along with reducing by 10 percent “personal services,” including salaries and fringe benefits for political appointees, capping state spending to the rate of inflation and banning borrowing without voter approval.

AROUND ALBANY

In other state news, Assemblywoman Janele Hyer-Spencer is encouraging Staten Island homeowners to attend next week’s New York State Public Service Commission’s public hearing on proposed Con Ed natural gas rate hikes.

The hearing will be held in the CUNY Graduate Center, 365 Fifth Ave., Manhattan, beginning at 7 p.m.

Rate hikes must be OK’d by the PSC.

“Con Edison is attempting to increase natural gas bills nearly 7 percent and delivery charges by more than 17 percent for the average consumer over the next three years,” said Ms. Hyer-Spencer (D-East Shore/Brooklyn). “While the utility company claims rate increases are necessary, last month it posted a 27 percent jump in first-quarter profits.”

Along those lines, she noted legislation she is sponsoring that would require utilities to “consider a range of energy alternatives” and make “prudent purchasing decisions to protect consumers” from rate spikes.

Ms. Hyer-Spencer said if residents are unable to attend, they can submit comments online at www.dps.state.ny.us or call the PSC’s toll-free number at 1-800-335-2120. Comments must be received by Aug. 2.

Elsewhere, state Sen. Andrew Lanza said he is sponsoring a “Proud to be an American” photo contest. Photos may be sent to lanzad24@gmail.com or mailed to his office at 3845 Richmond Ave., 10312.

The deadline is July 16. The winning photos will be displayed at a Back to the Beach celebration in August.

“It’s said that a picture is worth a thousand words, so let’s tell everyone about our pride and patriotism,” said Lanza (R-Staten Island.)

By Judy L. Randall
Silive, June 07, 2010

Rising anti-smoking policy hurting RI tobacco exports

The government is expecting a slower annual growth in exports of tobacco and its products from average 18 percent in the past three years to an average of 15 percent growth in the next five years.

Industry Ministry director for beverage and tobacco industries Warsono said Friday the government expected a slower rate of growth as the main cigarette export destinations had introduced stricter controls on smoking.

“It will be good enough if we can make cigarette exports grow by 15 percent — slower than the 18 percent realized in the past three to five years – because it is becoming harder to export cigarettes nowadays,” he said.

“For example, the United States has banned [clove] flavored cigarettes [to be sold in its domestic market], with the issuance of a new bill, while the European Union (EU) has further limited smoking areas available to the public.”

The US Food and Drug Administration has banned cigarette flavorings, including clove or kretek, cherry and chocolate, since last year as sweet flavors are considered to encourage young people to smoke.

Indonesia is among the world’s five largest cigarette makers, besides China, India and the US, and the world’s largest kretek cigarette producer. Indonesian cigarettes make up 99 percent of the US market for the kretek product.

Indonesia also exports tobacco and tobacco products to the EU (tobacco and cigars) and former Soviet Union countries, as well as other developing countries in Africa and Asia.

According to the ministry’s latest data, in 2008 unprocessed tobacco exports were worth US$151.02 million, while cigarette and cigar exports stood at $357.8 million.

The ministry has forecast tobacco exports will reach $401.7 million and cigarette and cigar exports will reach $1.06 billion by 2015, the data shows.

Warsono said he had yet to receive data on exports of tobacco and its products in 2009.

Meanwhile, the government is limiting the production of domestic cigarettes — only for sale in the domestic market — to promote public health over dangers of smoking.

The government’s limit on domestic cigarette production is set at 240 billion sticks by the end of this year — a decline from 245 billion sticks produced last year.

The limit will eventually reach 260 billion sticks by 2015.

The government also has increased excise tariffs on cigarettes from Rp 65 per stick to a maximum of Rp 320 per stick, depending on whether they are hand-rolled or machine-rolled, to discourage people from smoking.

The regulation came into force on Jan. 1 this year.

The government also has increased import duties to 40 percent and has imposed 40 percent excise tariffs on imported cigarettes for the same reason.

Indonesian cigarette companies employ about 600,000 people with total sales revenues of more than Rp 800 trillion (about $8.8 billion) a year.

Drinkers and smokers face above-inflation tax rises on alcohol and cigarettes

Tax on most alcoholic drinks will rise by two per cent above inflation from midnight on Sunday. The average price of a pint of beer will increase by 2p, a bottle of wine by 10p and a bottle of spirits by 36p.

Cider drinkers were given the most punishing “vice tax” as the Chancellor unveiled a 10 per cent rise. The price of a 750ml bottle of sparkling cider will go up by 9p.

Mr Darling said the move addressed a “long-standing anomaly” whereby cider attracted less duty.

“Super-strength” ciders are to be redefined as made wine from September and subjected to an extra £2 per litre tax in an attempt to prevent alcohol abuse. The decision followed a Conservative plan to levy more tax on strong cider and beer to deter binge -drinking by teenagers.

The tax rises were criticised by the National Association of Cider Makers. The Wurzels, the West Country band who had a hit with I am a Cider Drinker, said in a statement that they were “very upset”.

Mr Darling announced that Labour’s “alcohol duty escalator”, which sets rises in drink duty above inflation, will continue until 2015, collecting a further £300 million. It had been due to end in 2012.

Drinks industry groups accused the Government of “piling misery” on beleaguered drinkers and pubs.

Brigid Simmonds, the chief executive of the British Beer and Pub Association, said Mr Darling had now increased tax on beer by 26 per cent since 2008, collecting £761 million while 4,000 pubs had closed. “This latest beer tax hike piles on the misery for Britain’s hard-pressed pubs and beer lovers,” she said.

“It is also a snub to voters, who by a majority of two to one wanted the Chancellor to scrap the beer tax escalator.”

Mike Benner, the chief executive of the Campaign for Real Ale, said: “Today’s Budget is a charter for the large supermarkets who irresponsibly promote alcohol as a loss leader at the expense of our nation’s community pubs, real ale and responsible pub goers.”

Mr Darling also announced that tobacco duty would increase by one per cent above inflation and then by two per cent each year until 2014. This means that the average price of a packet of 20 cigarettes will rise by 15p. It follows an 18p rise during the temporary VAT cut last year, which was not removed when VAT returned to its regular rate.

Deborah Arnott, the chief executive of Action on Smoking and Health, said: “Raising the price of tobacco is one of the most effective ways of reducing smoking.”

Producers claimed that the price rise would drive smokers to buy from smugglers who imported cheap cigarettes from eastern Europe illegally. It is estimated that one in seven cigarettes smoked is smuggled.

Christopher Ogden, the chief executive of the Tobacco Manufacturers’ Association, said: “On Jan 1 the Government imposed the largest tax increase on tobacco products in 10 years and now, less than three months later, taxes are to rise again.”

Golden Leaf grant supports Triangle North

Triangle North, overseer of four tax-advantage business parks in Franklin, Granville, Vance and Warren counties, has received a $50,000 grant from the Golden Leaf Foundation to support its marketing efforts.

“We believe we are on the threshold of a new economic future for four counties, with Triangle North creating jobs and opportunity in the same way Research Triangle Park did for our region and state,” said Danny W. Wright, chairman of the Kerr-Tar Regional Economic Development Corp., which owns and develops Triangle North.

The Golden Leaf grant will supplement funds provided by the North Carolina Rural Economic Development Center, business investors and others that are supporting Triangle North’s marketing strategy.

The strategy focuses on identifying companies in targeted industries, such as life sciences, technology, aviation and defense technologies and contracting, that are likely to expand and are interested in locating in the Research Triangle region.

The Golden Leaf Foundation manages North Carolina’s portion of the national monetary settlement with big tobacco.

Internal Toyota Document Could Become Smoking Gun

Does the Toyota acceleration matter have its first smoking-gun document?

The U.S. House Oversight and Government Reform Committee, which is investigating the Toyota recalls and plans to hold a hearing Wednesday, has obtained a document from a Toyota executive, which may have some plaintiffs’ lawyers licking their chops.

The document, from an internal presentation in July 2009 by Yoshimi Inaba, chief of the Japanese auto maker’s North America Toyota operations, notes that Toytoa saved money by lobbying federal officials to limit recalls tied to sudden-acceleration complaints, characterizing the lobbying effort as a key company achievement in 2009. Here’s a WSJ article about the document.

Inaba said that Toyota saved more than $100 million by negotiating an agreement with U.S. safety regulators that led to a limited “equipment” recall of Camry and Lexus ES350 vehicles. “Saved 100M+, w/no defect found,” the document states under a section labeled “Wins For Toyota—Safety Group.”

The company blamed incidents on floor mats, instead of a potentially more costly defect with the car itself. The power point also lists among “wins” the National Highway Traffic Safety Administration’s decision to close safety investigations of the Toyota Tacoma truck without ordering recalls, and delays to new safety rules that saved the company hundreds of millions of dollars.

Toyota has since recalled about 6 million U.S. vehicles for sudden-acceleration and gas-pedal problems.

Inaba is scheduled to testify before the House Oversight committee, along with Toyota President Akio Toyoda.

Plaintiffs’ lawyers have already made noise about how they will try to portray Toyota as putting profits over safety, possibly in support of a claim for punitivce damages. It’s too early, of course, to say whether this document would bolster such a claim or whether it would ever even be admissible in a case.

A spokesman for California Rep. Darrell Issa, the senior Republican on the House Oversight committee, said the document raises questions about how Toyota responded to years of concerns of sudden acceleration of vehicles.

There are questions “whether Toyota was lobbying for less rigid actions from regulators to protect their bottom-line,” said spokesman, Kurt Bardella. “If anything but the safety of America’s drivers influenced the decision-making process, the entire purpose of NHTSA will be undermined.”

Olivia Alair, a Transportation Department spokeswoman, all called the document “very telling.”
“It’s the responsibility of auto makers to come forward when there is a problem,” she said.

But Toyota said in a statement: “Our first priority is the safety of our customers and to conclude otherwise on the basis of one internal presentation is wrong.”

Toyota’s under-fire chief postpones US visit

TOKYO — Toyota said Friday its chief, under pressure to face US lawmakers over mass safety recalls, had postponed a visit to toyotaWashington until early March, as the company considers disclosing all its vehicle flaws.

The Japanese giant, battling accusations in the United States that it dragged its feet in responding to a series of safety problems, declined to say whether president Akio Toyoda would miss a February 24 congressional hearing.

“The president was planning to go to Washington as early as February 10 but was forced to change it due to heavy snow. At the moment he plans to reschedule it to around early March,” company spokeswoman Mieko Iwasaki said.

The top Republican on a House committee looking into the company’s handling of dangerous defects said Wednesday he would ask the panel’s chairman to invite Toyoda to take part in the February 24 hearing.

US Representative Darrell Issa said US lawmakers were eager to “hear directly” from the Toyota chief about the auto giant’s woes.

Toyota, the world’s biggest carmaker, has been accused in the United States of being too slow to act on the accelerator and brake problems behind the recalls of more than eight million vehicles worldwide.

In a bid to regain consumer confidence after massive vehicle recalls, Toyota plans to disclose all flaws it fixed following complaints from drivers, the Yomiuri Shimbun said Friday. Related article: Toyota to disclose all vehicle flaws

Toyota is believed to potentially be the first major automaker to disclose all information on problems with its cars, including minor flaws such as difficulty in closing doors or shifting seats, the newspaper reported.

“We are now considering concrete measures to promote information disclosure on quality improvement,” the Toyota spokeswoman said.

Toyota faces a host of class action lawsuits in the United States, where Transportation Secretary Ray LaHood vowed Wednesday to hold Toyota’s “feet to the fire.”

The House Committee on Oversight and Government Reform had set a hearing for February 10, but put it off because of a winter storm lashing Washington and an intervening congressional recess next week.

Toyota’s North America president Yoshimi Inaba is scheduled to appear at the February 24 hearing. Further congressional hearings on the matter are also scheduled for the following day and on March 2.

The Asahi Shimbun reported Friday that Toyoda planned to face the US Congress but was waiting for a formal invitation before making a firm decision.

Toyota’s recalls cover models with accelerator problems blamed for several deadly high-speed crashes, as well as brake system trouble in the Prius and other hybrid models.

A federal court hearing in San Diego next month will aim to group legal action involving 22 law firms across 16 states involving Toyota vehicle owners chasing financial compensation as a result of the crisis.

Tim Howard, a professor of law at Northeastern University and a leading authority in consumer law cases, is coordinating the latest wave of lawsuits under the banner of Attorneys Toyota Action Consortium (ATAC).

Howard, who helped win a 20-billion-dollar settlement for the state of Florida during the wave of litigation against big tobacco in the 1990s, said the Toyota cases would be one of the biggest in US history.

“This is the strongest and largest case for economic damages to American consumers we’ve ever had,” Howard said.

Toyota faces more potential trouble after US authorities said they may investigate some models of its best-selling Corolla after receiving more than 80 complaints that its steering veers off-centre at high speeds.

In another blow to the image of Japanese car makers, Honda on Wednesday recalled more than 400,000 vehicles to fix airbags that it said can explode and spray out potentially deadly metal shards.

N.J. puts limits on sale of electronic cigarettes

TRENTON — New Jersey has enacted restrictions on the sale and use of electronic cigarettes.

Gov. Jon Corzine on Monday signed into law legislation that prohibits the use of electronic smoking devices in workplaces and other indoor public places and prohibits their sale to minors.

Electronic cigarettes look like the real thing but don’t contain tobacco. Instead, they employ a metal tube with a battery that heats up a liquid nicotine solution. Users inhale and exhale the resulting water vapor.

The bill’s sponsor, Assemblywoman Nancy Munoz, a Republican from Summit, said the restrictions are a matter of erring on the side of caution because the health risks associated with e-cigarettes have not been fully determined.

Electronic cigarette promoted as ‘safer alternative’

When can a cigarette be legally smoked in a place of business, restaurant, bar or even on a commercial airplane?cigaretes electronic

Anytime would be the answer if the “cigarette” is one of the electronic products now on the market.

The “healthier alternative” by Smart Smoker is similar to a patch or chewing gum, as it provides an alternative nicotine delivery system, that is available in pharmacies to help a person in his quest to stop smoking.

Smart Smoker recently arrived on the Franklin County scene in two locations, including Family Pharmacy and Raven’s Country Store.

While the product contains degrees of nicotine, ranging from high to none, there is no odor or tobacco-related danger from the liquid-based vapor smoke that is emitted when the cigarette is “puffed” or inhaled.

The electronic cigarette kit comes in a menthol or regular tobacco-like taste. It emits a red glow on the end when it is being “puffed.” The end is also gray and resembles ashes, and the filter is brown in color. The only visible difference is that the plastic cigarette has a shiny appearance.

Not only is Smart Smoker an alternative to regular cigarettes, it is also cheaper to use, according to Howard Schapiro, who smoked two to three packs of cigarettes a day before he saw the product on the “Doctor” television program early this year.

“I’ve had two heart attacks, but I just couldn’t not stop smoking. My doctor told me he couldn’t help me anymore me unless I stopped smoking,” he said.

“So I went online and checked it out. When I got to the comments section and asked about it being available in the United States, it (the product) hadn’t reached here yet,” he said.

“So I got in touch with the company in England, and the next thing I knew, I was on an airplane going over to the U.K.,” Schapiro added. “Now, I supply the product to Layman’s Candy and Tobacco Co. in Roanoke. They liked what they saw and took a chance on it.”

“I have stopped smoking cigarettes and now use Smart Smoker,” he said. “But I an still able to use that hand-to-mouth habit developed in smoking.”

The back of the box notes that the product is 100 percent legal to smoke any place, there is no pollution, no tar, 80 percent cheaper than cigarettes with no passive smoke.

“While it’s perfectly legal to use, the final word is up to the business, restaurant or store owner. If he says you can’t use it, then you have to do what he says,” Schapiro explained.

“The liquid smoke I inhale is not harmful, and I get the taste of tobacco. Of course, there was a difference in the taste of what I was smoking and what I got using this product,” he explained. “Like switching brands of cigarettes — it takes a little getting use to.”

The deluxe model contains two batteries (body of cigarette), the atomizer, a wall-model recharger and five cartridges of nicotine — two high, two medium, one low and one none. The deluxe sells for between $55-$60.

One cartridge of nicotine equals about a pack of cigarettes, “once a person gets use to smoking it,” Schapiro said.

Using the various degrees of nicotine from high to low allows the user, if they desire, to wean themselves from their nicotine dependence.

“The smoke is a liquid vapor containing nicotine mixed with either propylene glycol or common glycerin. Both are common food additives,” he said.

Once the five cartridges of the starter kit are used, a five-pack of cartridges can be purchased for about $8, according to Jessica Beckett, manager of Raven’s.

The number of cartridges equals about five packs of cigarettes, equal to paying $2 for a pack of tobacco cigarettes, she added.

Schapiro also noted that if a person takes too many “puffs” of nicotine close together, the light at the end of the cigarette will turn green and shut off for five minutes as a safety measure.

The batteries, like a cell phone, need to be charged after being purchased, Schapiro said. It should be recharged for a full eight hours the first time. Afterwards, the charging time varies from one to three hours. Two batteries are included, so one can be in use while the other is in the charger.

Schapiro said the electronic cigarettes are mostly made in China, but The Smart Smoker Co. Ltd. has the product shipped to the U.K., where changes are made and the product is improved. It has a 60-day guarantee on the electronic parts, and the product is only a 1-percent defect rate once it passes the stringent standards in the U.K, Schapiro added.

Although deemed safe, the company does not sell the produce to anyone under the age of 18.

“We don’t want to attract young people to the product, we want to provide adults with an alternative to tobacco,” Schapiro said.

“It’s very simple to operate,” he explained. “The atomizer screws into the body of the cigarette. Then the cartridge is inserted into the atomizer, and the filter top is placed over the body and covers the cartridge.”

There are only two chemicals used in the Smart Smoker, while there are 4,000 plus in cigarettes, Schapiro continued.

“Smart Smoker is just beginning to break onto the scene in this area. Every time someone sees me ‘smoking’ it, they have nothing but questions. They seem to like what they hear,” he added.

Noting that a carton of cigarettes has reached $40 to $50 a carton, “the Smart Smoker is much, much cheaper and has not been found to be harmful, that alone was enough for me,” Schapiro said. “But I am now off tobacco cigarettes.”

“Smart Smoker is not only the answer for someone who wants to quit, but it is also the answer for owners of restaurants and bars in the state worried about the news laws pertaining to second-hand smoke. The safe, odorless, water vapor isn’t offensive to anyone, and I can smoke after a meal,” Schapiro said.
December 21, 2009
By MORRIS STEPHENSON

N.L. tobacco ‘power walls’ coming down

Large cigarette displays in stores, known as “power walls,” will be illegal across Newfoundland and Labrador beginning Jan. 1, 2010.

Stores owners say they’re getting ready for the new provincial law that will mean they can no longer display, promote or advertise cigarettes.

It’s all part of the province’s plan to cut down the number of people lighting up.

“We’re going to do the simplest thing and put up a curtain,” said Todd Seward, who owns two stores in Labrador City, western Labrador.

Some consumers are pleased with the change.

“You walk into any convenience store and you go up to the cash and it’s right in your face. So I think it’s a great idea to just cover it up,” said Zonya Crew, of Labrador City.

Seward doesn’t expect the new law will affect tobacco sales.

“Its not like buying a candy bar. Most people are loyal to a brand and they come in and ask for that without even looking,” he said.

Tobacco taxes vary wildly across Potomac

Virginia, despite joining its counterparts across the Potomac in banning smoking in bars and restaurants, stands apart in its refusal to levy heavy taxes on the sale of cigarettes.

The state takes 30 cents out of every pack of cigarettes, a pittance compared with Maryland and the District and a reminder that the Old Dominion is far from uprooting its tobacco history.

While lawmakers agreed this year to the unprecedented restriction on where someone can smoke — a victory for Gov. Tim Kaine — the General Assembly nevertheless shot down Kaine’s effort to double the cigarette levy to pay for skyrocketing Medicaid costs.

Virginia until five years ago had almost no tax on cigarettes, charging only 2.5 cents per pack. The increase to 30 cents in 2004 was the first since the tax was enacted in 1960.

That levy is the third lowest cigarette tax in the nation — higher than only Missouri and South Carolina — and less than a tenth of Rhode Island’s highest-in-the-nation $3.46 per pack charge, according to the National Conference of State Legislatures.

Maryland doubled its tax to $2 per pack in 2007. The D.C. Council matched that tax in 2008, and this year upped the ante to $2.50 a pack.

Virginia lawmakers’ reluctance to follow suit is no doubt linked to the tobacco industry’s presence in the state. Altria — the parent company of tobacco giant Philip Morris — is headquartered in Richmond and is a major campaign donor. Tobacco ranked ninth last year among the state’s most lucrative agricultural products, bringing in $83 million, according to the Virginia Department of Agriculture and Consumer Services.

By: William C. Flook, Examiner
November 30, 2009

Cigarette vending machine supplier ‘incensed’ over ban

A pub cigarette vending machine supplier has lashed out over proposals to ban machines and disregard new technology.

A total ban on cigarette vending machines now looks almost inevitable after Lords rejected an attempt to stop it. Lords also rejected proposals to allow more tightly controlled machines, operated by remote control, to be allowed.

“I am incensed and dismayed that the Lords have betrayed the vending industry by ignoring the technical advances made which effectively stop underage people gaining access to tobacco vending machines,” said Kevin Pascall, managing director of Wolverhampton-based vending company Sinclair Collis.

“Yesterday’s decision means a bleak future for 200 British companies and their employees in what are already tough economic times.”

He added: “The vending industry has worked tirelessly with both the Department of Health and the hospitality industry to provide child-proof vending solutions which utilise radio frequency technology.

“These advances have been recognised by Trading Standards as being effective, workable solutions and it is hugely regrettable that the House of Lords decided to ignore this.

“Following the Lords’ decision, Sinclair Collis will continue to take advice and consider different options but in the meantime we are committed to providing a first class service while we decide on our next course of action in this regard.”


By Ewan Turney
11/11/2009 Morningadvertiser

Moving Tobacco Sales Out of Pharmacies

SAN FRANCISCO, – San Francisco and Berkeley missed an opportunity to help smokers quit when the cities moved all tobacco sales out of pharmacies, according to a new Bay Area health initiative. Instead of having smokers buy cigarettes in convenience stores and at other retailers, smokers should buy cigarettes only at pharmacy counters, says Stuart Skorman, founder of Elephant Pharmacy.

Launching HealthyPharmacies.org, Skorman is focused on making pharmacies centers of health and wellness at the community level. “They can’t just sell medicines to people who are sick. They must educate consumers and give them tools to lead healthier lives.”

Keeping cigarettes behind the pharmacy counter would do just that, Skorman says. When a smoker asks for a pack of cigarettes, pharmacy staff would have the opening to offer nicotine replacement, such as the patch or gum, or point smokers in the direction of counseling and other tools. The approach wouldn’t require a prescription for tobacco but would offer smokers tools to help them quit.

In California alone, more than four million people smoke – more than the entire population of Oregon. About 90 percent of smokers start before age 18 and become addicted to nicotine. That addiction makes it tough to quit: more than 70 percent of smokers want to quit but don’t know how to do it.

Pharmacies are the only stores that are licensed to sell dangerous drugs, and Skorman says tobacco must be treated as such. He believes that tighter controls would not only create access to quit-smoking support but could reduce the powerful point-of-purchase advertising that appeals to youth in convenience stores and other retail locations.

Calling this approach a public health and economic win, Skorman sees great potential for pharmacies to play a powerful role at the community level.

“We’re primarily focused on reducing tobacco use, but this approach would bring more people into pharmacies, too. That’s good for business, and it’s good for the consumers, if they’re receiving positive guidance to live healthier lives,” he said.

HealthyPharmacies.org plans to pilot this concept by working with several cities to limit tobacco sales to only pharmacy counters and then measure the results – including changes in tobacco sales and smoking rates. Skorman is reaching out to public health advocates and pharmacies to partner in this effort and is exploring pilot projects in more than 50 US cities.

HealthyPharmacies.org is working to transform pharmacies from convenience stores into neighborhood health centers. The project has roots in Berkeley’s Elephant Pharmacy – a groundbreaking neighborhood wellness center that also was one of the nation’s most profitable pharmacies. Elephant founder Stuart Skorman started HealthyPharmacies.org to bring the health community and pharmacies together in a way that focuses on improved public health, better service to customers and sustainable business practices.


CONTACT:
Marsha Robertson, 415-968-9432, marsha@healthypharmacies.org
Elysha Rom-Povolo, 415-901-0111, erom-povolo@fenton.com

SOURCE HealthyPharmacies.org

Jennings calls for tobacco tax kickbacks

BOYDTON — “That is a pound of tobacco right there,” Mecklenburg County Board of Supervisor Jim Jennings said as he held up a bundle of tobacco leaves during the meeting last week.

“There are about seven million of those growing in Mecklenburg County,” he continued. “This is kind of an awareness in educational thing for me.

“I am a grain of sand on the beach, literally, my farm operation, (compared to other tobacco farmers) but it will produce $7.5 million dollars for the federal government when it has reached it’s finished product; $2.5 million for the state of Virginia and $0 for Mecklenburg County,” Jennings said.

The Virginia Farm Bureau says that the 2007 census said that there are 59 tobacco farms in Mecklenburg County, which is about 3,600 acres and that approximately 7.8 million pounds of tobacco are produced and the County is ranked second in the state in flue-cured tobacco production.
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“I am not advocating that localities should start taxing tobacco, but I think it is time where there should be a campaign to get some of this money back” Jennings said. “The foundation to get some of this money back is to make everybody aware and educate them as to what it does produce. People just don’t know.

“If you break it down into one pound of tobacco, which is 25 packs of cigarettes, which is two and a half cartons and tax on that is $10 a carton so its $25 bucks a pound.

“On any given day from Aug. 15 through the first of November at the stoplight on the bi-pass in South Hill about $10 million worth of federal excise tobacco taxes goes through that stoplight going to the market. It is unbelievable, people just have no idea. That is about a $400 million dollar a year range out of the county,” Jennings said. He brought with him to the meeting on Tuesday a trailer load of tobacco as after the meeting he was headed to market. He said that his one trailer load would produce the federal government $250,000, the state of Virginia $75,000 and Mecklenburg County $0. He said the trailer contained about 14 bails. He said one bail was about $18,000 for the federal government and about $6 to $7 thousand for Virginia and about $1,500 for the farmer and that the farmer had to pay their expenses out of that.

Jennings said after the meeting that there are three variables that determine how much profit a farmer receives from a crop – weather, disease pressure and management ability. He said that the amount could be from zero to 50 cents per pound of tobacco produced.

“I don’t know where politicians have been over the last 60 years but I think we got caught up in the fight – let’s fight the tax,” Jennings said during the meeting. “I can understand that, but I think now the time has come when the inevitable is there -the tax is going to be there. Well if the tax is being produced through a commodity in this area then let’s get some of the tax back. Let’s not tax it here.

“I would think some of the politicians above us would want to bring some of this back to the area. If they gave just three percent of that federal tax back, it could meet every educational facility need we have in this county. I don’t think this money should go to a street light or sidewalk I think it should go to education.

“The Fifth Congressional District in this state is probably among the top ten money producing districts in the United States only second to some districts in North Carolina. That is pretty impressive,” Jennings said. He said that he met with Fifth District Congressman Tom Perriello, provided him with a bundle of tobacco.

“He seemed amazed at the amount of money tobacco produces the government,” Jennings said. “The only thing more addictive than tobacco is the money the government gets from tobacco!”

“They tax tobacco like this because they think it hurts the citizens,” Jennings said. “That is not the purpose of the tax because they are going to use it and they are going to continue to use it and it is a revenue raising mechanism. That is all it is. How long is it going to be before we say we are going to start taxing red meat because it gives people heart disease?

Jennings said that he would like to meet with Virginia Association of Counties and discuss the need to bring this money back to the counties.



By Lisa Andrews, October 20, 2009 Vancnews

Cigarette canisters arranged around Bakersfield College

Cigarette canisters have appeared on campus in a hope to reduce the amount of cigarette butts on the ground.

The new slim yellow canisters are all around the Campus Center, and Bakersfield College students have mixed feelings about them.

“I really haven’t noticed them much. I smoke a lot, but I usually chuck my butts in the big trash can after stepping on them,” said Antonio Salver, a BC student.

Sarah Philipp, another BC student, said, “I actually like them a lot. It makes it easy to just chuck them without having to look around for a place.”

The bins were put in by BC Maintenance and Operations in hopes of eventually making BC a cigarette-free campus.

“The new bins were put in place to eliminate odor and to clean up the Campus Center,” said Jimmy “Smitty” Smith from Maintenance and Operations. “Soon we will have a smoke free campus, but this is the first step toward change.”

“I find it completely gross especially when you’re sitting outside trying to eat,” BC student Elizabeth Sanders said of cigarette butts.

But Nathan McVeigh, another BC student, said, “I personally don’t care about the butts. I’m a smoker myself. I never throw them on the ground, though.”

Other groups in Kern County are working on cleaning up cigarette butts, too.

In an effort to raise community awareness about cigarette butt littering, the Kern County Department of Public Health Tobacco Education Program, and the Tobacco Free Coalition of Kern County teamed up with a group of high school students to pick up discarded cigarette butts around town.

The volunteers went to selected Kern County buildings and local parks with playgrounds. The results showed 3,703 cigarette butts were collected in a two-day period.

“Cigarette butts are hazardous. Young children can pick up the cigarette butts and put them in their mouths,” said Claudia Jonah, Kern County public health officer.

Cigarette butts are one of the 10 most littered items around the world. They don’t break down easily and cause pollution in the earth and water for many years.

“I frankly find it disgusting whenever I take my child to a park. I’m always picking up the butts so my little boy doesn’t find them,” said Rhonda Phillips, local resident.

State law prohibits smoking 25 feet from any playground or toddler areas. Also there is no smoking 20 feet from any main building entrances and exits, and all cigarettes must be disposed properly. There is a fine if caught throwing cigarettes from your car, ranging up to $200.

By Matt Humble
10/7/09

Croydon Council criticised for investing money in tobacco firm

The council has been accused of dealing with “traders in death” by investing in tobacco companies.

The attack came from Cllr Maggie Mansell, Labour’s shadow cabinet member for health at Monday’s meeting of the council’s cabinet which backed a new anti-smoking strategy to reduce tobacco consumption across the borough.

The council has around £20m of its pension fund for employees tied up in shares in Imperial Tobacco and British American Tobacco.

Cllr Mansell said while she supported the strategy itself, she wondered how many people would be puzzled by the investments in the industry.

She said: “The tobacco companies are drug traders, they are traders in death.”

But Cllr Dudley Mead, who chairs the council’s pensions committee, made it plain at the meeting that investments would go on.

He pointed out that in 1995 the then Labour council had refused to invest in tobacco companies and he believed that until the investments were restored by the Conservatives the policy had cost the pension fund £35m.

Cllr Mead said later: “The investments in the tobacco companies have been some of our best performers over the years.

“We have to have sufficient resources in the pension fund to ensure we can pay former employees so the burden does not fall on council taxpayers.”

Cllr Mead added: “What some people don’t realise is that buying shares does not mean the money goes to the companies.

“All we are doing is having a share in the success of the businesses.”


by Ian Austen, September 27, 2009
ian.austen@essnmedia.co.uk

Debating the cost of removing cigarettes from view is a smokescreen

You report that the government has been accused of “misleading parliament” over the cost for retailers of implementing the tobacco display ban (Ministers ‘quoted misleading figures’ in tobacco ban debate, 10 September). Under the health bill to be debated next month, it is proposed that cigarettes will still be available to buy, but will be placed out of sight.

The article states: “Internal documents obtained under the Freedom of Information Act show that officials at the Department of Health were warned by manufacturers that they had dramatically underestimated how much it would cost retailers to modify their shops to comply with the ban.”

Earlier this year the health minister Lord Darzi said that shops would pay as little as £120 to install professional covers; you report, though, that their Canadian manufacturer said the price quoted “was based on a bulk order and did not include shipping or installation costs”.

However, the manufacturer quoted in writing to me, as well as to the DoH, a price of well under £200 for the cost of covers for a typical tobacco display in an independent small shop in the UK. They also told me that these covers could be fitted by the retailer themselves, without any need for specialist tools.

It is the case that shipping costs were not mentioned in the original quotation to us. However, shipping costs for lightweight plastic covers would not inflate the costs to the “almost £5,000″ claimed in the article, even if they had to be shipped from Canada.

What is clear is that low-cost solutions exist and are already in widespread use in Canada. Small UK retailers will have until 2013 to implement the legislation, allowing ample time to explore a range of solutions.

Smoking is an addiction of childhood, not an adult choice. The tobacco industry needs to recruit over 100,000 new smokers every year in this country – largely children and young people – to replace those who die or quit. The tobacco industry in its own documents admits that the pack and retail displays of the pack are a major promotional tool now that advertising is prohibited, calling the pack “the communication life-blood of the firm … the silent salesman”.

Two-thirds of smokers take up the habit before they reach 18, and half of all smokers will die from their addiction. In Iceland, the first jurisdiction to pass legislation to put tobacco out of sight in 2001, the number of young smokers fell significantly, and laws have now been successfully implemented in nearly all Canadian provinces and Ireland too.

The argument over costs conveniently takes the spotlight off the real issue, which is that putting tobacco out of sight will save lives. For this reason it is supported by the World Health Organisation, the chief medical officer, the health select committee and the House of Lords, as well as by the general public. Legislation to put tobacco out of sight will be put to the vote in the House of Commons on 12 October, when I am confident that MPs too will give it their overwhelming support.



22 September 2009

Work continues on smoke shop ordinance

Vallejo Planning Commissioners were still debating the details of a proposed tobacco sales ordinance at press time Wednesday night.

The ordinance hearing drew about two dozen onlookers and about 10 commentors — mostly in support of some kind of ordinance.

Residents and members of the Vallejo Alcohol and Tobacco Policy Coalition and Solano County Tobacco Education Coalition vied for tougher restrictions on tobacco product-selling businesses and an annual licensing fee that will support enforcement of the ordinance.

The ordinance, as proposed Wednesday night, did not include some of those requests, but would be a catalyst for six tobacco shops in the city to relocate to different zoning districts, likely commercial plazas and shopping centers.

The property owner of the U-Know Smokeshop asked the commission if it will be responsible for paying him back for the loss of a tenant with a 20-year lease, not to mention the likely resulting empty retail space on Tuolumne Street.

Commission Chairman Kent Peterman proposed continuing the hearing until an even more comprehensive ordinance could be forged with the help of interested organizations, residents and smoke shop owners.

Assistant City Attorney Claudia Quintaña pointed out that the City Council sent city staff to specifically look at shops selling primarily tobacco-related products. She added that the longer the process to put together an ordinance, the more tobacco shops will come to Vallejo.

Other commissioners suggested allowing the six tobacco shops that would be asked to move to remain, as long as they complied with set business guidelines.

The city has 11 tobacco shops now, city officials said, and two new businesses have expressed an interest in coming to Vallejo since a more than a year-long moratorium on smoke shops expired this summer.


Contact staff writer Jessica A. York at (707) 553-6834 or jyork@thnewsnet.com.

Hutchinson moving toward restricting tobacco in parks

Here’s a preview of what’s in the print edition of the Thursday, Aug. 27 Leader:

• The statue of one of Hutchinson’s most historic figures could soon resume its longtime perch overlooking the Crow River. Les Kouba’s bronze likeness of Dakota Indian Chief Little Crow will be moved to it former location after spending two years in a museum, Parks and Recreation Director Dolf Moon told the City Council Tuesday night.

• Hutchinson took its first step Tuesday night toward joining a growing list of cities that prohibit tobacco use in city parks and recreation areas. By a 5-0 vote, the council directed City Administrator Gary Plotz and city staff to develop a policy that would prohibit tobacco use in city parks. In addition, the council set a public hearing on the idea for 6 p.m. Tuesday, Sept. 8.

• As part of the parish’s 125th anniversary celebration, St. Anastasia Catholic Church will host its first cemetery tour at 1 p.m. Sunday. Read about the band in Extra!

• McLeod For Tomorrow is accepting applications through Aug. 31. Current and emerging leaders who live or work in McLeod County are welcome to join. Trainees last year toured area businesses, including Impressions Inc.

• In Sports, Zak Neubarth and Mackenzie Trettin have had to adjust to new surroundings this season at a new school, Gibbon-Fairfax-Winthrop.

• On the Opinion page, the leader’s editorialists explains how McLeod County continues to be a leader in recycling, but better cooperation from more townships could make recycling even easier for residents.


London Council’s £7m in tobacco shares

A London council has been criticised for investing £7m in tobacco companies as part of its pension fund portfolio.

Wandsworth Council invested £4.6m in British American Tobacco and holds £2.3m of shares in Imperial Tobacco.

In a statement the council said it was its “paramount fiduciary duty to obtain the best possible financial return on its pension fund investments”.

But critics said the council should avoid tobacco firms in the same way they would arms companies.

In 2008 the council allocated £528,000 to the NHS Stop Smoking Scheme and managed to get 1,233 people to quit, surpassing its target of 1,225 people.

This year it has increased its budget to £628,000 and hopes to get 1,256 people to stop smoking.

The council said investment decisions were taken independently.

‘Wrong strategy’

Opposition Labour Councillor Tony Belton said: “The strategy is wrong. They have a strategy to improve the health and welfare of the people of Wandsworth and investing in tobacco companies seems to be an odd way to go about it.”

Amanda Sandford, from the charity Action on Smoking and Health (ASH) said: “I think there is a clear inconsistency there.

“If the council have decided not to invest in arms why are they investing in tobacco or effectively propping up an industry that produces products that kill people?”

In a statement Wandsworth Council said: “These investments are managed by independent fund managers who invest in hundreds of different companies.

“They must ensure that any investments are not just in the best interests of the members, but that they also take into account social, environmental and other issues.”

David McCourt, from the National Association of Pension Funds (NAPF), said: “Trustees of pension funds have to invest on the basis of benefits.”
Copyright © 2009, 17 August Bbc

Ohio dealt decisive blow in tobacco funds dispute


The Strickland administration will mount an appeal to a Tuesday court ruling that would prevent the state from using $230 million in smoking prevention funding to help pay for home-care services under Ohio’s latest budget.

Franklin County Common Pleas Court Judge David Fais’ decision bars the state from touching $230 million from the dissolved Ohio Tobacco Prevention Foundation. The battle over the money began in April 2008, when Gov. Ted Strickland outlined plans to use tobacco foundation money to partly finance a $1.57 billion jobs stimulus plan in the state.

With the money frozen while the legal fight played out, the state shifted the intended use of the cash to optional Medicaid services, a children’s Medicaid expansion and cancer screenings, said Strickland spokeswoman Amanda Wurst.

In the ruling, Fais wrote that two pieces of legislation backing a liquidation of the foundation and transfer of the money are unenforceable because they “clearly violate” tenets of the state Constitution. Assets in the foundation’s endowment fund are now in the state Treasury’s custody, but they’re to be used solely for tobacco prevention programs mounted by public or private agencies.

Wurst said Strickland was disappointed by the ruling and the time it took to reach a decision. The governor has asked state Attorney General Richard Cordray to speed an appeal of Fais’ ruling “to ensure these vital services continue for Ohioans.”

“Today’s ruling will delay or jeopardize the ability of these health-care services to continue to serve the people of Ohio,” Wurst said.

Fais reiterated a position he held when issuing an injunction on use of the money last February: The state had a reasonable alternative to raiding the tobacco fund for the jobs stimulus plan by issuing bonds instead.
Copyright © 2009 Bizjournals

County achieves 92% compliance in tobacco checks

Sibley County achieved a 92% compliance in a recent check of tobacco sales to minors. The compliance check, conducted July 13, involved Sibley County Public Health and the Sibley County Sheriff’s Office.

Twenty-four of the 26 tobacco license holders in Sibley County passed, according to Public Health. The two businesses that failed were Kenzoil Country Corner of Green Isle and Len’s Service of Gaylord, according to Tami Current, health educator at Sibley County Public Health.

Ken Schwalbe, owner of Kenzoil Country Corner, requested a hearing before Sibley County’s Board of Commissioners. The hearing was held July 28. Schwalbe, who also owns a business in Carver County, asked for forgiveness. “I have never failed a sting in Carver County,” he said. “We have been open 75 days and I feel you’re pushing it.”

“I know the law is the law but it is our first time,” Schwalbe said.

Commissioners did not take any action on Schwalbe’s request. Commissioner Bill Pinske commented that he “sympathized”, but that the County ordinance must be followed.

It was the first violation for Kenzoil Country Corner and Len’s Service.

Both businesses will have to pay a $150 fine and attend a class. The clerk is also fined $100.

Len’s Service did not request a hearing.


Copyright © 2009 Gaylordhub

File class action in Beaumont over light cigarettes



Provost Umphrey attorneys Bryan Blevins and John Cowan have recently filed a class action in federal court over light cigarettes.

Earlier this month, the Southeast Texas Record reported on a lawsuit filed in Arkansas alleging that the country’s largest tobacco companies have been misleading consumers on the actual nicotine and tar content of their light cigarettes.

Blevins’ suit, which was filed July 20 in the Eastern District of Texas, mirrors the Arkansas suit and accuses Philip Morris, Altria Group and Reynolds American of deceiving consumers.

The Provost Umphrey law firm was also involved in the filing of the Arkansas suit.

The proposed class is represented by Jefferson County resident David Charles V. Hanson III, who claims the defendants misled him into believing light cigarettes were less harmful than regular cigarettes.

According to the suit, Hanson started purchasing various brands of cigarettes in the 1950s.

He claims he first smoked regular cigarettes, but then switched to light brands “believing that Defendants’ light cigarettes delivered less tar and nicotine and were less harmful,” the complaint states.

The consumer class action will include all Texas residents who from July 20, 2005 until the end of the litigation purchased cigarettes labeled as “light” or “ultra-lights.” So far, the class includes at least 100 members seeking more than $5 million in damages.

“This consumer class action concerns Defendants’ … advertising of light cigarettes as delivering less nicotine … and being less harmful … despite Defendants knowledge that these representations were false,” the suit states.

The suit accuses the defendants of designing their light cigarettes to register lower levels of tar and nicotine during testing than the levels actually delivered to consumers.

The plaintiff argues the tobacco companies intentionally manipulated the design and content “by modifying the tobacco blend, weight, rod length, and circumference, using reconstituted tobacco sheets and expanded tobacco; and by increasing the smoke PH levels of the cigarettes through chemical processing and the use of additive such as ammonia, resulting in the delivery of great amounts of tar and nicotine.”

The suit alleges that the defendants knew that their representations that light cigarettes delivered less nicotine and were less harmful were false, deceptive, misleading and unfair.

The defendants are accused of breaching express and implied warranties, violating the Texas Deceptive Trade Practices Act, unjust enrichment and fraudulent concealment.

The lawsuit requests a restitution of money paid at retail for light cigarettes, disgorgement of profits, the establishment of a constructive trust to reimburse the class for economic damages and establishment of a smoker cessation program.

Plaintiffs are seeking actual, compensatory and consequential damages, but not damages for personal injury or health care claims.

Blevins is lead attorney for the plaintiffs.

The case has been assigned to U.S. District Judge Thad Heartfield.

Case No: 1:09cv00704-TH
Copyright © 2009 Setexasrecord

British American Tobacco Organized Trend Formed: 15.1% Move in 70 Days

SmarTrend’s proprietary algorithms detected bullish price action on shares of British American Tobacco (NYSE:BTI) which generated an Uptrend alert on April 30, 2009 at $48.51.

Since the alert, BTI has trended 15.1% higher as of today’s recent price of $55.84.

SmarTrend is actively monitoring British American Tobacco for any change in trend direction.

Write to Chip Brian at cbrian@tradethetrend.com

SmarTrend analyzes over 5,000 securities simultaneously throughout the trading day and provides its subscribers with trend change alerts in real time. To get a free trial of our trading calls and maximize your trading results, please visit http://www.TradeTheTrend.com.

Get exclusive, actionable insight into how the market is expected to trend prior to market open with our free morning newsletter. Sign up at: http://www.TradeTheTrend.com/signup.html


Copyright © 2009 Tradingmarkets

Smokers face $20 cigarette packs

The Cancer Council says it would welcome any proposal for an increase in the price of cigarettes.

The Federal Government is currently analysing a series of recommendations aimed at reducing smoking rates put forward by the National Preventative Health Taskforce.

Newspaper reports say the yet-to-be-released recommendations suggest increasing the tax on cigarettes to more than $20 a packet and a move to plain packaging.

Cancer Council Australia chief executive Professor Ian Olver says increasing tobacco prices is the best way to reduce smoking rates.

“If you put up the price by 10 per cent per pack, you can actually drive down a country’s smoking rate by 4 per cent, which is an enormous impact on health care,” he said.

“But Australia has been lagging behind over many years in increasing that price.”

The taskforce has urged the Government to slash smoking rates over the next decade to 9 per cent.

It believes the price rise could convince 306,000 adults to quit and prevent 183,000 children from eventually taking up the habit.

Alarmed tobacco companies claim the measures could be unlawful.

Under the changes, cigarette packets would be generic and plain with larger graphic health warnings taking up about 90 per cent of the front and 100 per cent of the back.

Newspaper reports say tobacco companies also face a blanket ban on all sponsorship, internet sales, public relations activities and corporate responsibility donations.


Copyright © 2009 Abc

Tobacco Bill Seen By Some As Victory


President Obama signed the Family Smoking Prevention and Tobacco Control Act this week.

He says it was crafted to reduce the hazards of smoking and tobacco use. The bill allows the Food and Drug Administration to reduce nicotine levels in cigarettes and limit tobacco company advertising. Some call it an infringement of first amendment rights others are claiming a victory.

“We’ve worked on this for many, many years now and our list serves were really helpful and we really appreciated everyone who did contact our congressmen regarding this issue.”

Recent legislation has aimed at protecting children by banning tobacco advertisements within 1,000 feet of schools and playgrounds. According to the Campaign for Tobacco-Free Kids, more than 700 children under the age of 18, become new daily smokers each year in North Dakota.

“It is a step forward for us. Because the F-D-A bill that was passed, does restrict the candy flavored products that are out there. Which are clearly marketing to our youth. So its a huge step for us.”

While the bill does grant the F-D-A power to control ingredients in cigarettes and advertising, it may be a couple of years before consumers see all the changes.
Copyright © 2009 Kxmc

ANA Mounts Suit to Block Tobacco Legislation

Nearly a half-dozen entities, including the Association of National Advertisers, are aiming to block legislation passed last week to give the Food and Drug Administration regulatory control over the packaging, manufacturing and marketing of tobacco products.

In a lawsuit that’s also expected to include tobacco companies and the American Civil Liberties Union, the groups will argue that marketing and advertising restrictions laid out in the bill fail to comply with free-speech protections provided by the First Amendment.


Possible marketing constraints
The Family Smoking Prevention and Tobacco Control bill has been sent to the White House, where President Barack Obama is expected to sign it. The FDA would then have regulatory control over the $150 billion tobacco industry. Oversight would include restrictions on marketing and sales to youth; a ban on all outdoor tobacco advertising within 1,000 feet of schools and playgrounds; a ban on all remaining tobacco-brand sponsorships of sports and entertainment events, as well as on giveaways of nontobacco products with the purchase of a tobacco product; and limiting advertising in publications with significant teen readership and outdoor and point-of-sale advertising — except in adult-only facilities — to black-and-white text only.

The ACLU sent a letter to all senators prior to last week’s vote, which read: “In the absence of a much more substantial narrowing of the advertising restrictions in a manner directly tied to the goal of reducing youth smoking, we urge the removal of the advertising restrictions set forth in Section 102 of the bill.”

The ANA sent a similar letter. Dan Jaffe, exec VP-government relations at ANA, said he expects one of the tobacco companies to take the lead. “It is likely that some of the tobacco companies will challenge some of the legalities of these restrictions and the ANA will have to decide how to go forward. But we will play a role,” Mr. Jaffe said. “This creates a substantial precedent that will affect other marketing categories.”

Back seat for ANA
The major tobacco companies, including Altria Group’s Philip Morris, R.J. Reynolds and Lorillard, have all declined to comment on whether they will file suit. Lorillard has in the past come out strongly in opposition of FDA regulation, but Philip Morris, which only stands to benefit from frozen market share that would result from such ad curbs, has been a lot less vocal on the issue.

From a political perspective, it makes sense for the ANA to take somewhat of a backseat, as its interest isn’t in protecting tobacco but preventing a such a precedent from spilling over to other less-polarizing advertisers.

Mr. Jaffe said specifically that the regulations on banning advertising within 1,000 feet of schools and playgrounds, as well as tobacco-brand sponsorships of sports and entertainment events, “are highly likely to be found unconstitutional. The bill is supposed to curtail youth smoking. If a cultural or sporting event is provided only to adults, how can you justify the advertising restrictions? These provisions were not adequately looked at when the bill was written.”

Bill’s supporters
Not true, said Matthew L. Myers, president of the Washington-based advocacy group Campaign for Tobacco-Free Kids, one of more than 1,000 organizations — including public-health groups, faith-based groups and such entities as the American Heart Association and the American Medical Association — that support the legislation.

“The advertising provisions were carefully crafted to address a very substantial need — the marketing of the most dangerous product sold in the U.S.,” Mr. Myers told Ad Age. “If there is any commercial speech that it is constitutional to restrict, it is the type of tobacco marketing covered by this legislation, in light of the significant record of the way the tobacco industry has marketed in a misleading way and to youths. The reality is, this bill has been debated intensely in the last two Congresses, and no objections were raised until Congress voted on final passage.”
Copyright © 2009 Adage

Smoking declines as alcohol and drug use

A new report on substance abuse and mental health shows a small percentage of people are kicking smoking while alcohol and illicit drug-use levels remain steady.

But the report from the Substance Abuse and Mental Health Services Administration, out Thursday, also carries home the message that while all states have problems, there are big variations across the U.S. For instance, the rate of illicit drug use in Iowa (5.2%) among the 12 and older set is less than half what it is in Rhode Island (12.5%).

Many of the trends are similar to past studies, according to Art Hughes, one of the report’s lead statisticians, but he cited “the adverse relationship between (perception of) risk of use and use itself” as worthy of examining at the state level.

In states where people reported having a perception of great risk about substance abuse, the problem is more often reported at lower levels than in states where risk is not as great a concern, according to the study, based on the National Surveys on Drug Use and Health. The 2006-2007 interview data is collected from 135,672 persons and is compared to the 2005-2006 data. Smoking declined from 24.96% to 24.63% with the greatest decrease among 12 to 25 year olds.

“Cigarette use continues to decline,” says Hughes. “One statistic we use to try to gauge is the (perceived) risk of smoking cigarettes. If people think it’s risky to use cigarettes, we tend to see an opposite effect happening.”

For instance, California is among the states with highest percentage of people who regard smoking as a health hazard (77.35%) and had the second lowest smoking rate (19.79%) behind Utah (17.51%). Utah’s perception of risk was slightly lower (76.93%) than California’s. Nationwide, a slight drop was recorded compared to 2005-2006 (74.14% vs 73.86%). West Virginia, on the other hand, has the highest rate of cigarette users of all states (31.10%) for people aged 12 and older and has the lowest perception of risk level associated with smoking (67.88%). Oklahoma and Tennessee, which ranked No. 2 and 3 behind West Virginia for percentages of smokers, were also among states with lowest perception of risk.

“We’re painfully aware of the problem,” said Teresa Mace, media director of West Virginia’s Office of Community Health Systems and Health Promotion. “We have a state tobacco quit line and other kinds of cessation programs that are offered to all West Virginians. We’ve gotten a lot better at getting our message to the people who need to know but it’s hard to match the amounts spent by the tobacco industry.”

Colorado is the only state showing an increase in tobacco use (from 26.5% to 29.8%) while seven states had declines: Idaho, Massachusetts, Michigan, Montana, New York, Utah and West Virginia. The Northeast region had a decrease as well (from 28.1% to 27.1%). Overall, national rates changed only slightly (24.6%) from the 2005-2006 report (25%).

Alcohol still leads tobacco as the most commonly used substance. The perceived risk associated with binge drinking (having five or more drinks once or twice a week) also played a role in levels of drinking and binge drinking among underage drinkers. North Dakota, which ranked highest in both categories, ranked a lowly 47th among states in perception of risk.

Drinking for the group of people over the age of 12 had similar results. New Hampshire, which ranked No. 3 behind Rhode Island and Connecticut, had the lowest percentage (33.21%) of perception of risk. Rhode Island and Connecticut also ranked among the lowest 10.

“We produce this as a reference document for the states, ” says Joe Gfroerer, director of the division of population surveys. “It can lead to more in-depth analysis and discussion about whether programs within the states can help with problems.”

Rhode Island had the highest percentage of persons aged 12 or older who were needing but not receiving treatment for illicit drug use. The other states that ranked highest for needing but not receiving treatment for alcohol problems were mostly midwestern (Iowa, Minnesota, North Dakota, South Dakota and Wisconsin) or westerm (Colorado, Montana and Wyoming.) The District of Columbia and Massachusetts are in the top 10.

Copyright 2009 Usatoday

Pa. judge says Camel ad violated tobacco’s pledge

Camel ads coupled with illustrations promoting rock music in Rolling Stone magazine violated the tobacco industry’s decade-old promise not to use cartoons to sell cigarettes to minors, a Philadelphia judge ruled Wednesday.

A spokesman for Pennsylvania Attorney General Tom Corbett said the ruling is a full victory over R.J. Reynolds Tobacco Co., and the first decision in lawsuits filed by attorneys general in nine states that ordered monetary damages.

An R.J. Reynolds spokesman said the Winston-Salem, N.C.-based company will appeal.

Judge William J. Manfredi ordered R.J. Reynolds Tobacco to pay $302,000 or run a full-page anti-smoking ad in a Rolling Stone edition that circulates in Pennsylvania.

In his decision, Manfredi said R.J. Reynolds violated its pledge not to pitch cigarettes to children because the Rolling Stone-produced and placed illustrations were cartoons and the cigarette maker should have avoided their placement next to a Camel ad.

“Because R.J. Reynolds had the ability and the duty to avoid such indivisible commingling of its tobacco advertising and promotions with such indisputable cartoons, the advertisement must be deemed to be in violation of the Consent Decree and the Master Settlement Agreement,” Manfredi wrote.

A landmark 1998 settlement between 46 states and the tobacco industry includes a provision against using cartoons in advertisements to prevent them from appealing to minors.

In question is a Camel ad in Rolling Stone’s November 2007 edition.

The cigarette ads in Rolling Stone touted Camel’s “The Farm: Free Range Music” campaign and support for independent record labels while using photographic images of people in 1950s dress, farm animals, an old-fashioned tractor and furnishings like a phonograph against a farm backdrop. Those pages fold out to reveal a four-page illustrated spread of an “Indie Rock Universe” with animals, imaginary beings and other drawings.

R.J. Reynolds’ defense has proved more successful in other states.

Judges in Maine and Washington ruled in favor of the tobacco company. A California judge found that R.J. Reynolds violated the Master Settlement Agreement, but was not responsible for the ad placement, while an Ohio judge found the opposite, R.J. Reynolds spokesman David Howard said.

Neither judge ordered damages, but the company is appealing both decisions, Howard said.

Suits in Connecticut, Illinois, Maryland and New York are still pending.

Gov. Barbor Signs Off On Cigarette Tax Increase

Republican Gov. Haley Barbour, a former tobacco lobbyist long opposed to raising Mississippi’s cigarette tax, has relented in the face of slumping budget revenues and signed the state’s first increase in nearly a quarter century.
Mississippi’s 18-cents-a-pack excise tax hadn’t changed since 1985 before Wednesday’s bill signing. On Friday, it goes up to 68 cents a pack.
Barbour spokesman Dan Turner said the governor declined to comment on the legislation.
The tax hike comes as Mississippi struggles with an estimated revenue shortfall of $400 million for the year that ends June 30. The cigarette tax is estimated to generate more than $113 million for the year that begins July 1.

Copyright © 2009 Wjtv