Philip Morris takes Uruguay to international court because of tobacco-ban policy

According to the claim, Uruguay’s policies on tobacco control are damaging the company’s performance in the small the South American country.
Former Uruguayan President Tabare Vazquez, an oncologist, banned smoking in public buildings four years ago. Tobacco advertising is also banned and cigarettes' packets must carry large health warnings.
The rules, which also prevent the sale of products branded as “light,” put Uruguay at the vanguard of global anti-smoking laws.
Also at the vanguard of its business is Philip Morris. It is the first time that a tobacco company demands a State on an international forum.
At a press conference in the beginning of May, the Uruguayan Government reaffirmed the right to defend the public health of its citizens. This is the line the defence will follow according to the US lawyer Paul Reichler, who will assume the defence of the country in the litigation.
According to Reichler, the defence questions the agreement of protection of investments that the tobacco company says the country has violated based on an article that authorizes the government not to allow economic activities “that damage the public health”.
“The treaty establishes that by sovereignty Uruguay has the right to prohibit unhealthy activities (...). With its anti tobacco laws the country does not attack the investments of Philip Morris, it only imposes limits to an activity that is to promote and to commercialize harmful products ”, emphasized Reichler.

British American Tobacco - collaborative effort sees more responsible growing

Tobacco leaf farming in Lombok, Indonesia, was not only contributing to deforestation but also to declining water supply on the island.

But a landmark restoration project is being developed which will benefit the whole rural community, thanks to a partnership between British American Tobacco (BAT), the Earthwatch Institute, Fauna & Flora International and the Tropical Biology Association.

This is one example of how the four-member British American Tobacco biodiversity partnership is working with stakeholders and communities across the world to study ecosystems and sustainability risks.

In 2007, the partnership developed a tool to identify, assess and address risks posed by BAT's leaf-growing operations.

Called Broa (Biodiversity Risk and Opportunity Assessment), the tool encourages BAT staff to work with local experts to look carefully at supply chain operations from a much wider perspective than a simple day-to-day business viewpoint.

Following trials in Indonesia and Uganda in 2008, it was decided to make Broa mandatory across BAT's global leaf-growing locations and by 2010 all 19 had completed assessments and agreed actions plans.

As far as the tobacco giant is aware, it is the only international company to have assessed biodiversity risks across all operations and so built a strategy to tackle key issues worldwide.

And those issues are wide-ranging – both business-specific in terms of the supply chain, and more generic in terms of agriculture and sustainability.

Tobacco is often grown alongside other crops and it soon became apparent that Broa would reveal just how dependent tobacco growing is on other systems – such as water supply.

Specific issues included reduced irrigation flow resulting from deforestation, reduced water quality, lower ground water tables, unsustainably-sourced fuel wood and problems of over-farming.

BAT describes Broa's aims as "open-ended", with an agenda for change and better engagement with a range of stakeholders, both global and local.

At a local level, working with stakeholders and conservation experts enables the company to carry out rigorous assessments. Equally, it helps build confidence among communities and encourages partnerships to work together on solutions.

In some cases, Broa is raising awareness of wider sustainability issues and stimulating projects that go far beyond the supply chain concerns of BAT.

Examples include a "green corridor" project in the Araucaria forest of southern Brazil; sustainable forest management and freshwater protection in Uganda; and research on returning eucalyptus plantations to native forests in Sri Lanka and Chile.

Another important outcome has been the raised awareness and understanding within BAT, involving Earthwatch employee fellowships and online training for managers.

The biodiversity partnership is working on a second version of Broa in 2011, having gained valuable feedback from external reviewers such as the World Wildlife Fund.

It has participated in the natural value initiative and was recognised in the Economics of ecosystems and biodiversity study in 2010. The next stage is to share Broa with all BAT tobacco suppliers and other agriculture-based businesses facing similar challenges.

Tobacco Intervention Program Trains Youth to Help Young People Stop Smoking

Guam - In an effort to reduce tobacco use disparities among Chamorro and other Micronesian youth, twenty-eight youth successfully completed the Brief Tobacco Intervention (BTI) Skills Certification Training held on April 30 and May 14.
The training was funded through a community partnership initiative between the UOG Cancer Research Center U54 Pilot Program 1 (Community Outreach), Youth for Youth LIVE! GUAM Organization, the University of Guam Chuukese Student Organization, the Department of Mental Health and Substance Abuse Prevention and Training Branch, the Department of Public Health and Social Services Tobacco Control program, and Health Partners, LLC. The co-Principal Investigators for U54 Pilot Program 1 are Drs. Neal Palafox (University of Hawai'i Cancer Center) and Annette M. David (UOG).

The Basic Tobacco Intervention (BTI) Skills Training Certification Program provides the skills necessary for those trained to conduct brief tobacco interventions with individuals dependent on tobacco and assist them to quit their tobacco use. The trainees have learned the skills to assess an individual’s readiness to quit using tobacco, and provide appropriate materials and referrals to aid that individual. The BTI Program was adapted from the Arizona Department of Health Services, Tobacco Education and Prevention Program, and has been extensively tested and implemented across the state of Arizona and adapted for use on Guam.

This training was conducted as part of the National Cancer Institute funded, U54 minority institute partnership cancer research grant between the University Of Guam Cancer Research Center and the University of Hawaii Cancer Center, entitled, "Community Outreach to Reduce Tobacco Use Disparities Among Pacific Islander Youth on Guam."

According to the 2008 Guam Substance Abuse Epidemiological Profile, tobacco consumption among youth and adults remains high on Guam. Statistics show that 1of 3 adults and 3 of 4 youth currently smoke on Guam. Youth have reported smoking as early as middle school. Adult smoking rates on Guam (27%) are significantly higher than in the United States (18%). Chewing tobacco with betel nut continues to be a growing concern. Recent data supports the need for youth tobacco cessation services on Guam. The BTI training addresses this need by building capacity of trained youth providers on Guam. Trained youth are able to provide peer-to-peer brief tobacco cessation intervention at their schools and within their social settings.

Tobacco Reduction Coalition spotlighting toll of smoking

World No Tobacco Day was created by the member states of the World Health Organization (WHO) in 1987 and is celebrated annually on May 31. The goal of World No Tobacco Day is to draw global attention to the world-wide tobacco epidemic and how collaborative solutions are making a difference to save lives.

To promote World No Tobacco Day, the Midland County Tobacco Reduction Coalition is encouraging area physicians and dentists to connect their tobacco-using patients with either state or local resources to get help to stop their habit.

According to Susan Dusseau, coordinator of the Midland County Tobacco Reduction Coalition, "We want to spotlight the human and financial toll that tobacco takes on our community, and emphasize that state and local resources such as the Michigan Tobacco Quitline and Midland-based tobacco treatment coaches are having a positive impact on peoples' lives."

In 2009, 14,440 Michigan residents died from tobacco use and secondhand smoke, $3.4 billion was spent on health care costs, of which $1.1 billion was spent on Medicaid patients, and $3.95 billion was spent on lost productivity costs due to tobacco use.
According to the WHO, there are six proven measures that work to counter the tobacco epidemic. These include: 1) monitoring tobacco use and prevention policies, 2) protecting people from secondhand smoke, 3) offering help to quit tobacco use, 4) warning about the dangers of tobacco, 5) enforcing bans on tobacco advertising, promotion and sponsorship, and 6) raising taxes on tobacco.

Surveys compiled in 2007 show that 21 percent of Midland County adults still smoke cigarettes. Tobacco use remains the number one cause of preventable death in Michigan. The federal Healthy People 2020 goal is to reduce the adult smoking rate to 12 percent.
Dusseau added, "In Michigan, we've already taken many of the steps recommended by the WHO, but these efforts must be sustained to be effective over the long term. Right now our elected leaders are considering cutting critical funding for tobacco prevention programming. The Centers for Disease Control and Prevention has studied which strategies work to reduce tobacco use, and cutting programs now will have the negative effect of costing taxpayers more in health care and other costs in the months ahead."

Cigarette Butts Harmful To Fish, Study Says

Cigarette butts that end up as litter in rivers, lakes, ponds, and other waterways are harmful to fish, according to a new study from researchers at San Diego State University.

The team of researchers looked at the affect cigarette butts had on both freshwater fish and saltwater fish. In order to determine what the most harmful aspect of a cigarette was, they divided the cigarettes into three categories: smoked cigarettes with a filter and tobacco residue, smoked filters with no tobacco, and unsmoked cigarette filters without tobacco. They soaked the cigarette butts in water, with both the freshwater fish and saltwater fish, for 24 hours.

They found that the contaminated water from all three of the cigarette butts were harmful, with the most dangerous being the smoked cigarettes with a filter and traces of tobacco residue, which killed 50 percent of the fish who were placed in the water with them.

“Leachates (contaminated water) from smoked cigarette butts with remnant tobacco were significantly more toxic to fish than the smoked filters alone but even unsmoked filters exhibited a small level of toxicity,” Richard Gersberg, a researcher who worked on the study and a professor of environmental health at the university, told the Metro U.K. “This study represents the first to show leachate from cigarette butts is acutely toxic to representative marine and freshwater fish species.”

The researchers published their findings in the Tobacco Control journal.

Cigarette butts unsightly, could pose risk

According to Alberta Environment, more than seven per cent of garbage collected throughout the province is tobacco related. This can vary from cigarette cartons and wrappers, to cigarette butts disposed of after smoking.

Here in Drayton Valley, as in many towns and cities, sidewalks and parking lots are often littered with these esthetically displeasing items. But the habit of some smokers to toss their cigarettes on the ground is not just an issue when it comes to maintaining the beauty of a town; it also goes against fire safety, community by-laws and the environment.

Once the snow has melted and the warm weather arrives grassy areas around town become dry and highly flammable. It is during these times that fire services remind people that they need to be careful when having fires on their property. Although this is important to remember it is not the only way uncontrolled fires can be ignited.

"The concern we have, especially at this time of year, is the fact that cigarette butts can smoulder up to three hours after they've been discarded," warns Tom Thomson, Drayton Valley/Brazeau County Fire Services Fire Chief. "That's enough time, especially in the very dry conditions — we call it fine fuel — that it can start a grass fire."

Due to the fact that throughout the years several fires have been linked to discarded cigarettes many people are trying to help prevent these cases from happening again. One of these people is community by-law officer Gord Chammen, who is always on the lookout for people who toss their butts onto the grass. Although there are no laws pertaining to cigarette butts specifically, they do fall under littering by-laws and if warranted Chammen will give a ticket.

Not only concerned about fires, Chammen is also dedicated to preserving the beauty of Drayton Valley. In order to do this he holds businesses, landlords and residents responsible for ensuring that their property or business is clean and free of discarded cigarettes. If he believes one area is getting to be an eyesore he will approach those who are responsible for the property and ask them to clean it.

"Under the nuisance, bylaw you have to keep your property clean," he says. "Whether it's your own personal property or a business property, it must be clean and free of debris and cigarettes are included in that."

Depending on the area of town, some places will get a greater build up of cigarette butts than others; these areas tend to be around restaurants and bars, as people have to go outside to smoke.

Designed to absorb toxins out of the smoke people are inhaling, filters make up the majority of the butt and hold chemicals such as tar. When these filters become wet the chemicals are released into the environment in which they are sitting which is then carried into our ground water and rivers. Although they do effect our environment, especially in cases where animals are mistaking them for food, several sources with Albert Environment stated that such affects are not significant, especially in the big picture of environmental pollutants.

"You will get some small amounts of leaching that will get into the water where there are large amount of cigarette butts," says David Mussel, planning and partnership co-ordinator with Alberta Environment. "But it's a tiny fraction of everything that's there so I would never say, that there's a chemical or organic water quality issues caused by cigarette butts and that it's significant compared to anything else out there affecting our water."

Government should scrap cigarette tax proposal, commenters say

Alabama -- Readers are divided on State Rep. Patricia Todd's proposal to raise the state tax on cigarettes by $1 in hopes of raising extra money for Medicaid and the Children First Trust Fund as well as influencing smokers to quit the habit.

Alabama's state tax on cigarettes now is 42.5 cents per pack, which on July 1 was the fifth-lowest among the 50 states, the report says.

The median state tax on July 1 was $1.29 per pack. Todd's proposed tax increase would push the state cigarette tax in Alabama to $1.425 per pack, which on July 1 would have been the 23rd-highest state cigarette tax.

Some readers are encouraged by Todd's proposal so long as it weens young people away from smoking, but others feel that the state government should focus on protecting individual liberties instead of of controlling them.

I'll just buy my cigarettes out of state when I buy my lottery tickets. - deegee80

I DO NOT SMOKE AND I HATE SMOKE BUT....I want the government to stay out of our lives. All these dems want to is control people by tax. - AUpowerof Dixieland

I got an idea we can tax every breath that we take and the government can charge us .10 cents a breath and if we inhale deeply then can add a usage tax of an extra .10 then they can start charging us a tax on pollution for all of the carbon dioxide that we expel with every breath. - CRASH67

Just another case of a Democrat wanting to rob Peter to pay Paul, only in this case they're trying to justify it by taxing smokers, which make up quite a bit of their own constituency more than likely. This should be shot down immediately. If they start jacking up taxes on cigarettes because they are unhealthy, what's going to stop them from doing the same with fast food, television, groceries deemed unhealthy, and so on? While I understand that secondhand smoke may be a health risk and certainly offensive to some, it is their right do so and should not be unfairly taxed because they enjoy a certain item or activity. - Bama Fanatic

Smokers are a tax on society at large....if you can't afford it, don't do it. I always get a kick out of people who claim they can't buy their kids clothes, school lunches, or health insurance...meanwhile, they smoke like chimneys. If this tax gets them to finally pay their fair share, I say great (most states have done it, just like most states have a lottery....but nooooo, not in Alabama.....smoking is good, lotteries are bad). - Hunter

FTSE Movers: Imperial Tobacco climbs on profits; Pace pounded

Imperial Tobacco (IMT.L) led the FTSE 100 higher on Tuesday on the back of upbeat half-year profits, while BG Group (BG.L) dropped after posting a 38% fall in net profit for the first quarter.

Shares in Imperial Tobacco advanced 59p to £22.16, a 3-year high, after the firm said half-year earnings rose 6%. Imperial, maker of Davidoff cigarettes, also announced higher future dividend growth and a £500 million share buyback.

Alison Cooper, chief executive, said she was focused on maintaining sales growth momentum and delivering a strong performance in the second half. ‘We have the assets, the capabilities and the opportunities to continue to create significant value for our shareholders,’ she said.

Following the results, Martin Deboo, analyst at Investec, said there were ‘no major surprises’ in the profits and that the buyback had been expected. But he added, ‘We think the early timing will be positive for the shares this morning,’ reiterating the bank’s ‘buy’ recommendation and £23.00 price target for the stock.

Investors check in to IHG

Intercontinental Hotels Group was another big gainer, climbing 33p to £12.82, after reporting a 28% rise in first-quarter profit following a rebound in travel in the Americas.

The Holiday Inn owner said net income rose to $69 million (£42.2 million), up from $54 million a year earlier, and that global revenue per available room grew 6.9% – with 18.8% growth in greater China and 8.4% in the US.

Greg Johnson, analyst at Shore Capital, branded the underlying trading ‘strong across the board.’

However, he said the broker expected ‘some modest downgrades’ to its full-year 2011 pre-tax profit estimate of $450 million, excluding liquidation benefits, as continued strength in underlying trading partially offsets turmoil in the Middle East.

Pace pounded

Among mid-cap stocks, Pace (PIC.L) tumbled 62p, or 40%, to 91p after the set-top box maker issued a profit warning in the wake of supply chain issues due to Japan’s earthquake and tsunami, as well as weak performance from the firm’s European business unit and a rise in costs.

‘In theory, given that this is not a market but an inventory management issue, any further share price falls should be a buying opportunity,’ said Alex Jarvis, analyst at Peel Hunt, in a research note.

But he went on to say: ‘Scepticism remains high in this stock, with low argins/margin sensitivity being one of the key concerns.’

Philippines optimistic on winning cigarette case against Thailand

The Philippines is optimistic the Appellate Body (AB) of the World Trade Organization (WTO) will rule in favor of the Philippines on a cigarette case versus Thailand.

“We are optimistic the Appellate body will uphold a WTO panel ruling on the Philippine cigarette case with Thailand,” said Trade and Industry undersecretary Adrian S. Cristobal Jr.

Cristobal himself went to Geneva last week to respond to an appeal filed by Thailand before the AB. Thailand’s move stemmed from the WTO Panel Report released last November. The WTO ruled in favor of the Philippines saying that Thailand acted inconsistently with the WTO rules in valuing Philippine cigarette exports for customs purposes and failing to treat imported cigarettes the same way as locally manufactured cigarettes.

Cristobal led the Philippine delegation including officials from the Permanent Mission of the Philippines to the WTO, DTI’s Bureau of International Trade Relations, and Philippine government counsel Sidley Austin LLP.

“We will continue to ensure that our exports are competitive. This is why we are strongly defending the WTO Panel’s ruling in favor of the Philippines. The hearing of the tobacco case with Thailand provided an effective opportunity to address both parties’ rights for due process and we are confident that the case will be resolved soon,” said Cristobal.

During the hearing, the Philippines countered the arguments used by the Thais seeking to reverse the Panel ruling.

In 2008, the Philippines requested the WTO to examine Thailand’s customs, fiscal, and health measures imposed on imported cigarettes. Following the substantive meetings, the WTO panel issued a report last year declaring that Thailand acted inconsistently with its WTO obligations.

Tobacco is among the fast growing resource-based exports of the Philippines. Data from the National Tobacco Authority showed that the country’s tobacco exports amounted to US148 million in 2010. Tobacco-growing in the Philippines began in the 16th century during the galleon trade.

Philip Morris Int'l CFO Waldemer

March's earthquake and tsunami in Japan offered up an opportunity for Marlboro cigarettes maker Philip Morris International.

Japan Tobacco Inc., the world's No. 3 tobacco maker, suspended shipments of cigarettes within the country because of disruptions in supply. It planned to halt shipments of all tobacco brands, including the popular Camel and Winston, from March 30 to April 10.

That helped brands sold by the world's biggest nongovernment cigarette maker, Philip Morris International Inc. It was able to minimize supply disruptions because all of its cigarettes for sale in Japan are produced outside the country and shipments at ports were being unloaded normally. A small number of its third-party distribution centers were closed because of damage.

The company's ability to keep its supply chain moving allowed it to sell brands like Marlboro cigarettes to customers who normally bought other brands.

Complicating the Japanese market for all tobacco companies is a 40 percent tax hike on cigarettes that went into effect in October last year.

In a conference call with analysts on Thursday regarding Philip Morris International's first-quarter earnings, Chief Financial Officer Hermann Waldemer discussed its business in Japan.

QUESTION: Are you seeing the events in Japan as a potential to grow and sustain market share in the country?

RESPONSE: Japan, of course, in terms of spending overall already before any of that happening was one of our focus markets. ... Our shares are developing very, very nicely. However, really, I think the Japanese situation with the country in trouble will lead to a different average behavior of a consumer. I believe that the retention levels probably will be lower than they would be in another country. Some of them, of course, we will be able to retain, I would think. To what extent, that today is just impossible to say.

Forest Hills Man Busted For Smuggling Foreign Cigarettes

A Forest Hills man was arrested for trying to smuggle 179 cartons of cigarettes into the country tax-free earlier this month, with an estimated tax value at just under $11,000.

Bobirjon Shakirov, of 110th Street in Forest Hills, allegedly arrived at Kennedy International Airport earlier this month after travelling in Uzbekistan. He brought along the dozens of cartons of cigarettes but did not disclose them to customs agents.

Shakirov was charged with a violation of New York State tax law 1814 and one count of first-degree falsifying records. He could serve up to four years in prison and faces a possible fine. He was released on his own recognizance and is currently awaiting trial.

A representative of the Queens District Attorney's office said the 36-year-old man checked a huge suitcase full to the brim with cigarette cartons, which turned up when the bag was searched by the Transportation Safety Administration.

All cigarettes sold in New York City and State require a tax stamp to prove that the companies selling them have paid the requisite fees. The stamps are also used to indicate which cigarettes have been tested for legal levels of tar, nicotine and the extinguishing mechanism required in American smokes.

Shakirov was just one of a alleged dozen smugglers busted trying to illegally move foreign cigarettes stateside, thanks to a new program spearheaded by the Queens District Attorney. Others from Middle Village and Flushing were caught in similar incidents over the course of the last month.

Queens District Attorney Richard Brown said that keeping the smoke smugglers from selling their goods could save the state millions of dollars every year.

“Cigarette smuggling to evade state and local taxes is a multi- million dollar industry. It is a highly profitable tax-free cash business for those involved in it. However, it cheats taxpayers who must dip into their pockets to pay higher taxes,” Brown said. “And it cheats the government as well by fueling an underground economy which does not pay much needed State and City taxes.”

Brown said that the 12 defendants recently arrested would have — if not caught — cheated the state and city out of more than a quarter of a million dollars in revenue.

All of the busts were made by the brand new Crimes Against Revenue Unit, designed to sniff out tax-dodgers across the borough.

“The addition of the Crimes Against Revenue Unit will enhance ongoing specialized efforts begun by this office in 2005, targeting tax evasion and other revenue and financial crimes, which has already returned to the State more than $5 million in sorely needed revenues,” Brown said.

Nebraska lawmakers advance cigarette legislation

A bill that would create a way for Nebraska to collect tobacco tax revenue from American Indian tribes advanced Wednesday through a first-round legislative vote.

The measure would call for state officials to reach compacts with tribes so they could collect money to comply with a national legal settlement with the four largest U.S. tobacco companies.

At stake is $46 million in settlement money for health care expenses. The four companies have claimed recently that states are failing to collect escrow payments from smaller tobacco manufacturers that were not part of the settlement. The escrow payments were required as part of the settlement to keep small manufacturers from having an unfair advantage.

Grand Island Sen. Mike Gloor said his bill is intended to keep Nebraska in compliance with the terms of the 1998 agreement to reimburse governments for tobacco-related health care costs. The settlement stemmed from a lawsuit filed by the attorneys general of 46 states, the District of Columbia, Puerto Rico and the Virgin Islands.

The settlement requires the four companies - Philip Morris USA, R.J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corp. and Lorillard Tobacco Co. - to pay at least $206 billion over a 25-year period.

Gloor said one of the four, R.J. Reynolds Tobacco Company, withheld $2.5 million from its latest payment because it claims Nebraska is not complying with the settlement.

"We literally are at risk of having to pay back some of the money we use in the health care cash fund if we do not get compliant," Gloor said.

American Indian reservations and federal trust lands are generally considered sovereign nations, immune from state tobacco taxes. In March, Nebraska Tax Commissioner Doug Ewald apologized to the Ponca Tribe in Niobrara after state officials seized $14,000 worth of tribal cigarettes on the mistaken belief that they should have had a state tax stamp. The cigarettes were returned.

But the state can collect taxes on tobacco sales to non-tribal customers.

Wholesalers within the Winnebago Tribe in northeast Nebraska collect about $250,000 a year in tribal tobacco taxes. The chief executive of Ho-Chunk Inc., the tribe's economic-development arm, told the Legislature's Revenue Committee in March that tobacco and gas taxes account for tribe's entire tax base. Nebraska and the tribe already share tax revenue from gas sales.

Lance Morgan, the chief executive, told the committee that the bill was an attempt by the big tobacco companies to crush its competitors by eliminating their price advantage.

The bill advanced, 38-0, but requires two more votes before it clears the Legislature.

Businesses disgruntled by possible ban on menthol cigarettes

Businesses are not pleased about the push by Senator Richard Blumenthal LAW ‘73 to ban menthol cigarettes.

In an Apr. 18 letter, Blumenthal expressed his support for the United States Food and Drug Administration’s call to ban cigarettes with more than 0.3 percent menthol by weight. But six New Haven store proprietors interviewed said they were worried about how this move would negatively affect thier business profits. While business operators and smokers interviewed agreed that the potential ban would have public health benefits, they said business interests and personal freedom should also be considered.

Blumenthal defended the FDA’s push to ban menthol cigarettes in his letter and cited the health benefits the ban would bring, which were detailed in a March report by the Tobacco Products Scientific Advisory Committee.

“[Blumenthal] has advocated for a removal of menthol tobacco products from the marketplace, and hopes that the FDA will act swiftly to implement the committee’s findings,” said Kate Hansen, a spokesperson for Blumenthal. “While youth will still be susceptible to aggressive marketing by tobacco companies, removing menthol tobacco products from the marketplace is an important step in reducing harm and protecting public health.”

But six of seven businesses said the negative business impact outweighs the health benefits of a menthol cigarette ban.

At the two Sam’s Food Stores on Whalley Ave. and Kimberly Ave., employees said around 80 percent of cigarette sales are menthol-flavored, and sales might drop because not all customers would switch to alternatives if the ban were enacted. Employees said that although menthol cigarettes are priced similarly to non-menthol counterparts, there is still a higher demand for them. They added that customers of the product were roughly spread evenly across all age demographics.

Joe Lentine, the master tobacconist at the Owl Shop on College St., said that especially at smaller convenience stores that sell cigarettes, the ban could have a significant negative impact on business, explaining that such stores were popular with younger customers that liked menthol cigarettes. He added that the impact of a menthol cigarette ban on the Owl Shop would be minimal because of the store’s inventory and typical clientele.

One underage smoker near the Sam’s Food Store on Whalley Ave., who asked to remain anonymous because he had acquired his cigarettes illegally through older acquaintances, said that his underage friends smoked only menthol cigarettes.

“I don’t understand what Blumenthal’s going on about,” he said. “We have a God-given right to choose what we smoke.”

This smoker was one of nine New Haven smokers interviewed who said they did not support a ban of menthol cigarettes.

Justin Petrillo ’11, a member of the Committee for Freedom who has participated in a number of smoke outs this year, estimated that around 10 percent of smokers on Yale campus consume the menthol-flavored cigarettes.

Petrillo said he does not smoke menthol cigarettes but thinks a potential ban would be a “horrible idea.”

“[The damaging affects of smoking] ought to be tackled by awareness, not a ban,” he said. “I don’t think there is any reason that any sort of cigarettes should be banned or there should be a set age at which you can begin to smoke.”

City officials said they supported Blumenthal’s move, though there are other complexities that ought to be considered.

Ward 23 Alderman Yusuf Shah, who is the chair of the city’s Finance Committee, said that he supports Blumenthal’s call for the FDA to ban menthol cigarettes. He said that while businesses in his neighborhood could take a hit, this will be countered by the profit from illegal sales of “loosies” — which are individual cigarettes that citizens buy illegally because they cannot afford entire packets. These individual cigarettes are priced higher than buying whole packets, he added.

“I would prefer that people didn’t smoke at all, particularly in our area, where we have the hospital and other facilities,” he said. “But we know that’s not a reality, and I think this is a step in the right direction.”

Menthol cigarettes were first developed in 1927 and constitute 20 percent of the American cigarette market according to United States Federal Trade Commission’s latest Cigarette Report, issued in 2009.

Sentencing for Palo Alto hookah bar owner continued until June

The sentencing of a convicted Palo Alto hookah bar owner in the killing of his girlfriend has been continued until June 23, according to the Santa Clara County District Attorney's Office.
Judge David Cena on Tuesday rescheduled the sentencing of Bulos "Paul" Zumot from April 21 to the June date at the request of Zumot's attorney. Zumot could receive a sentence of life in prison.
The sentencing for Bulos "Paul" Zumot was originally scheduled for April 21 before it was continued, the district attorney's office said. A jury in February found Zumot guilty of first-degree murder and arson in the strangulation death of 29-year-old Jennifer Schipsi in October, 2009.
Police say the 37-year-old Zumot became upset with Schipsi the night before her death when he found text messages from a mutual male friend.
Zumot, the former owner of Da Hookah Spot in downtown Palo Alto, was arrested shortly after Schipsi's body was found during a fire in a cottage the two shared.
Authorities say the fire was deliberately set to cover up Schipsi's murder.
Prosecutors say the couple's two-year relationship was marred by domestic violence.

Patnaik to take on hookah parlours

Police commissioner Arup Patnaik, who was summoned by the Bombay high court on Monday, has assured that he will personally look into the menace of mushrooming hookah parlours in the city and take necessary action against the law offenders.

Patnaik, who appeared in the HC on Monday afternoon after a division bench of Chief Justice Mohit Shah and Justice D G Karnik summoned him, sought two days' time to reply to grievances made by social activist Vincent Nazareth, alleging inaction on the part of Khar police officers.

"The report (about Nazareth's complaint) has just come to me today. I will study it and do the needful by May 5," Patnaik told the court.

Chief Justice Shah told the top cop that Nazareth has filed a grievance that his complaints are not recorded and advance intimation is given to hookah parlour owners before a raid is conducted. Assistant government pleader K R Belosay informed the court that the police has taken serious note of the increasing number of hookah parlours in the city and 327 cases have been registered since January 1, 2010.

An affidavit filed by Rajkumar Vhatkar, deputy commissioner of police (DCP), operations, CP office, stated: "It is true that menace of hookah parlours is growing in Mumbai city. The police has swung into action immediately. Sixty eight parlours between Colaba, Dahisar and Mulund have been raided and 327 cases have been registered in the city since January 1, 2010under the provisions of the Bombay Police Act."

The affidavit further stated that a circular issued by the CP on December 9, 2010, directed all police stations to take strict action against hookah parlours and smoking in public places under the provisions of Cigarette and Other Tobacco Products Act. "Khar police (against whom petitioner has alleged inaction) raided 21 places in 2010. The police is very vigilant in this matter and is taking necessary action," stated the affidavit.


The court was hearing a public interest litigation (PIL) filed by NGO Crusade Against Tobacco and its member Vincent Nazareth. The PIL filed early this year says that several hookah parlours have come up in Mumbai in violation of the Cigarette and Other Tobacco Products (Packaging and Labelling) Act (COPTA). The PIL has mentioned that Sagar Restaurant at Pali Hill in Bandra also runs a hookah parlor, which is in violation of COPTA.

The petition said the restaurant was also serving hookah directly in the sheesha in a loose form and not packaged as required by the Packaging and Labelling Rules, 2008.

Olive Branch to decide on smoking law

Olive Branch citizens may not be able to smoke in restaurants after tonight's board of aldermen meeting but they may be able to smoke after 9 p.m.

Aldermen will vote on one of two smoking ordinances that are less comprehensive than the ordinance previously voted down by the city officials.

Olive Branch Aldermen voted 5-2 against a comprehensive ban that would ban smoking in all Olive Branch businesses except bars.
The two laws aldermen will choose from tonight focus only on city facilities and restaurants.

The first proposed law will ban smoking in city facilities and restaurants but will allow restaurants where alcohol is served to choose if they want to allow smoking from 9 p.m. until midnight.

The second proposed law will ban smoking in city facilities and restaurants completely.

Both ordinances will allow bars restricted to anyone under 21 years of age to permit smoking.

Both ordinances ban smoking within 25 feet of an entrance or exit of an area where smoking is prohibited.

The main concern of the opposing aldermen at the previous meeting was the restrictions a comprehensive law put on businesses, especially small business owners and manufacturing facilities.

Alderman George Collins said his main concern is pushing the ban on manufacturers whose workers would have to leave the facility instead of smoking in an on site break room.

Alderman David Wallace read a prepared statement saying businesses should have the right to choose whether or not to ban smoking.

Alderman Harold Henderson said he has quit smoking but can't tell someone else if they can or can't smoke.

Alderman Dale Dickerson said he would be willing to look at a less restrictive rule.

"All the talk I have heard about smoking bans concerns restaurants," Dickerson said. "It took away every smoking area except outside, bars that allowed on people over 21 or your home. It took away every other spot left to smoke."

County to Discuss Proposal to Put Smoking Ban on 2012 Ballot

One County Councilman wants to see a smoking ban proposal go before voters in 2012, but hasn't been able to discuss the issue with the rest of the council.

Councilman Joe Cronin, R-District 1, said he submitted a bill about a month ago that would ban smoking in most public places, but the bill has not been placed on the County Council agenda. The bill would put the smoking ban proposal on the Aug. 7, 2012 ballot.

“That’s going to brought up at this meeting,” Cronin said.

The work session begins at 5 p.m. Monday in the St. Charles County Executive Building on Third Street.

When asked if he has enough support to pass the bill, Cronin said, “I guess we’ll see on Monday.”

Council Chairman Joe Brazil, R-District 2, said he opposes bringing the issue to a vote.

“I’m still against it,” Brazil said. “In Cronin’s ordinance, he excludes the casino, and that’s totally unfair.”

Cronin said the exemption applies only to the gambling floor where gambling takes place. It does not include bars and restaurants within a casino.

“Supposedly, when Illinois banned smoking from casinos, it cost them about $800 million in lost revenue to St. Louis County,” Cronin said. “People are afraid if there’s a smoking ban in the St. Charles casino, people will go across the river to gamble. There’s 1,600 jobs in that casino.”

Casinos in St. Louis County are exempt from the smoking ban.

“There was not enough support on the council to get this done without an exemption for the casino,” Cronin said.

The bill, as it currently is written, also allows exemptions for private clubs with no paid employees, tobacco stores or cigar bars.

A cigar bar is defined as a place that generates 60 percent of its revenue from selling alcohol and 25 percent of its revenue from cigar sales; has a humidor on the premises, and is not otherwise subject to the ban.

New public smoking ban need more specified regulations

A new national smoking ban has gone into effect, which extends to all enclosed public areas. Our reporter Zhang Ni finds out how the new rules are working in the capital.

"Is the announcement in Chinese or in English? If in Chinese, it makes no sense to viewers."

"Dear passengers, for your health and safety, it is prohibited to smoke anywhere in the station."

In the busiest railway station in Beijing, the smoking ban seems effective. The station has been a non-smoking area since 1996. The official says they have their own control measures.

Song Jianguo, Spokesman of Beijing West Railway Station said "Inside the station, if our staff see someone smoking and do not stop them, there will be some punishment for our staff, from a spoken reprimand to penalties."

"But no penalties for smokers?"

"We have no right to impose fines."

Then who does impose fines? The official didn't give an answer.

Just outside the entrance, there are smokers everywhere. It's also listed as a public area, but during the one hour when we film, no one stops them.

Song Jianguo said "The public square in front of the station is not in our jurisdiction. The local government should be in charge."

The regulation hasn't reached far. These restaurants just across the street are all unfamiliar with the new smoking ban.

"Do you know there's a new smoking ban in public areas?"

"No."

"Has anyone inspected here?"

"No, no one."

"Are you the boss here?"

"No, I only work here."

"Do you know there's a new smoking ban in public areas?"

"No, I don't."

"So we can just smoke here and no one ever says anything about it?"

"I'm only here to eat."

A smoking ban is nothing new in China. Since China joined the WHO's Framework Convention on tobacco control 5 years ago, local authorities have introduced the ban in public areas. Beijing was the first city to do so. But there's no specific law or any strict regulation in the country.

Wang Yuqing, President of Chinese Society for Environmental Science said "At most of the sites I inspected, even when there is a "No Smoking" sign, people are still amoking. And there is seldom any punishment."

China has the world's largest number of smokers, as well as the biggest revenue from tobacco taxes. Some provinces like Yunnan depend on tobacco industry, which provides over 45 percent of government receipts.

Ying Songnian, President of Admin. Law Research, China Law Society said "If they do their work from the tobacco control aspect, they would try to reduce the volume of cigarettes or take measures to make people not want to smoke. But this also has a contradictory aspect: to make tobacco a highly profitable business. Of course they want more and more people to smoke."

The new regulation still does not specify punishments for business owners who defy the ban nor specify penalties for smokers in public areas.

Given the high profits of the tobacco industry, how to specify the punishment for smokers in public areas and how to manage the penalties are turning into a hot potato for the departments concerned. And without specified punishment, the new regulation risks remaining on paper.

Progressive Chairman Peter B. Lewis aims to put medical marijuana issue

The movement to legalize medical marijuana in Ohio has been reignited.
Peter B. Lewis -- the billionaire chairman of Progressive Corp. and well-known medical marijuana advocate -- is seeking proposals to run a campaign to legalize medical marijuana in Ohio. The issue would go on the ballot in 2012.
"We want to see what kind of proposals that come in and we'll proceed from there," said Graham Boyd, the former director of the ACLU Drug Law Reform Project and an adviser to Lewis.
While Democratic lawmakers have tried and failed in recent years to pass medical a marijuana law in Ohio, Lewis' latest inquiry represents a different tack.
By going directly to voters through a ballot initiative, Lewis and his supporters could circumvent a GOP-controlled legislature and a Republican governor who likely would oppose such a law.
"Obviously with his backing, and more importantly his dollars, that's the only way getting passage of this bill is going to happen in the state of Ohio," said Rep. Kenny Yuko, a Democrat from Richmond Heights who has introduced bills to legalize medical marijuana.
Lewis, whose company is based in Mayfield Village, is among the most wealthy, high-profile supporters of medical marijuana legalization. Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws, estimates that Lewis has contributed between $40 million and $60 million to the cause since the 1980s.
"No person on the face of this Earth has donated more money to reform marijuana laws than Peter B. Lewis," St. Pierre said.

The ballot initiative campaign Lewis is pursuing would include grassroots organizing, opinion research and advertising, according to a copy of his request for proposals. The campaign also would be designed to be a model for similar efforts in other states.
"Of the states that continue to prohibit medical use of marijuana, Ohio stands out as having particularly high levels of voter support," the request for proposals reads.
Indeed, an April 2009 Ohio Poll, conducted by the Institute for Policy Research at the University of Cincinnati, found that 73 percent of Ohio adults favored allowing medical marijuana.
And putting the issue on the fall 2012 ballot, when President Obama runs for re-election, would be an advantage.
"It's more of a Democratic issue than a Republican issue and I think the Democrats are going to come out in full force" in 2012, Yuko said. "It's going to be a good position for our medical marijuana supporters to be in."
Medical marijuana is legal for qualified patients in 15 states, according to Lewis' request for proposals.
Legislation introduced last month in Ohio would permit medical marijuana use to treat diseases such as cancer, glaucoma, multiple sclerosis and sickle cell anemia.
A spokesman for House Speaker William G. Batchelder, a Republican from Medina, said the bill is not a high priority.
Boyd, Lewis' advisor, would not say whether similar proposals were being sought in other states. He said the proposals for a campaign in Ohio were sent to people who realistically would submit responses, which are due by May 15.
St. Pierre, of NORML, said the outcome of a ballot initiative in Ohio could reverberate throughout the Midwest.
"It's definitely a bellwether state -- both politically and culturally," St. Pierre said. "Whatever passes in Ohio will probably serve as a pretty good benchmark for the rest of middle America."