Tobacco.org

• Gristedes chief still on warpath on cheap Indian cigarettes 

The freshly remodeled Gristedes supermarket on 25 University Place has expanded its space, adding new sections for beer, hot food, a salad bar, bakery and organic products, all looking like crowd-pleasers beneath Thanksgiving decorations strung above the aisles.

But cigarettes are no longer on sale here -- seemingly a sign of the times in this upscale Greenwich Village neighborhood near New York University.

"We haven't had them for some time now," said an assistant manager who identified himself only as Thomas. He noted that cigarettes are available at other Gristedes stores in New York (about 20 still carry them), even though he believes the demand is down. The main reason for the decline in tobacco sales, another Gristedes manager said, is that "people know where they can get them elsewhere" for half the price that conventional retailers in New York charge -- upward of $95 per carton, with $4.25 in state and city taxes tacked on.

He was alluding to untaxed tobacco sold on Indian reservations, a subject that has bedeviled convenience-store operators and New York governors from Cuomo to Paterson.

Led by its Greek-born owner and C.E.O., John Catsimatidis, a longtime New York City mayoral wannabe who smokes an occasional cigar, Gristedes Foods Inc. has claimed in protracted litigation that Indian merchants on two Eastern Long Island reservations are luring away New York customers, and even helping to fund organized crime gangs and terrorist groups like Hezbollah with bulk sales, a charge some politicians dismiss as absurd but others solemnly repeat. . . .

Since he cares so much about health, why does he sell any cigarettes at his grocery stores?

"There is such a thing as freedom of choice," the mogul replied. "I lecture my wife, who smokes, and tell her, Why don't you just have one or two instead of more? It's like what the Greek philosophers say: Everything in moderation."

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• Philip Morris USA Sues Retailers to Stop Counterfeit Cigarette Sales  

Philip Morris USA (PM USA) filed lawsuits against ten retailers selling counterfeit versions of the company's Marlboro� brand cigarettes in New York and New Jersey.

"The New York metropolitan area continues to be a lucrative market for counterfeit and contraband cigarette smugglers," said Joe Murillo, vice president and associate general counsel, Altria Client Services, speaking on behalf of PM USA. "High excise taxes, coupled with New York state's lack of effective tax enforcement, only makes the problem worse," added Murillo.

"These lawsuits are the latest in a series of filings by Philip Morris USA aimed at combating the sale of counterfeit cigarettes in New York and New Jersey," said Murillo. Since May 2009, Philip Morris has filed lawsuits against 27 retail locations in New York and New Jersey for selling counterfeit Marlboro� brand cigarettes

In addition to violating many trademark laws, counterfeit cigarettes are almost always sold without the appropriate federal and state excise tax. The counterfeit cigarettes purchased from the retailers named in today's suits bore no tax stamp or a counterfeit tax stamp. As a result, the applicable excise taxes were not paid. . . .

Eastern District of New York

Maria’s Deli Grocery 143-20 101 Avenue, Richmond Hills, NY 11419

Loveras Grocery 996 Nostrand Avenue, Brooklyn, NY 11225

Southern District of New York

Aloshe Mini Market 1889 Guerlain Street, Bronx, NY 10461

El Barrio Grocery Deli 39 West 183rd Street, Bronx, NY 10453

Fernandez Grocery Corp. 1665 Madison Avenue, New York, NY 10029

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• Clearing air on cigarette ads  

There seem to be two Dr. Alan Blums.

One is a tweedy academic — the family medicine professor and director of the Center for the Study of Tobacco and Society at the University of Alabama who has devoted his dead-serious career to the prevention of tobacco-induced illnesses.

The other is the self-described “Bart Simpson of the anti-smoking movement” — the alter ago who donned a fake pharmacist’s lab coat Wednesday to help set up “Your Cancer and Drug Store,” an exhibition on tobacco advertising that opens today in the Buffalo Museum of Science. . . .

The approach reflects a lesson learned in 1977 when Blum, then a Miami hospital intern and nascent anti-smoking crusader, lost a contentious radio talk show debate with a tobacco industry spokesman while the host, Larry King, blew smoke in Blum’s face.

Ever since, “I’ve tried to bring some humor and satire to a depressing issue that many people take very seriously,” Blum said. The strategy has included “house calls” to tobacco festivals and “anything else we could do to ridicule the brand names.”

Satirical references abound in “Your Cancer and Drug Store,” which was gleaned from a trove of tobacco advertising and promotional materials that Blum started collecting 15 years ago and now fills 2,500 boxes in his Alabama center.

He started by buying items distributed by cigarette companies that a Connecticut store owner had accumulated over two decades. “He must’ve thought it had collectible value, but it cost more to ship it [to Alabama] than I paid for it,” Blum said.

From the outset his goal was to mount an exhibition that underscored the everyday irony of seeing tobacco products on the shelves of pharmacies that dispense drugs prescribed to combat cancer, heart disease, hypertension and other diseases linked to smoking.

“I wanted to do an over-the-top, walk-through exhibit,” he said, citing the role that drugstores have played in keeping America smoking. “I’m not going after individual pharmacies as much as the chains that own them.” . . .

By touring “Your Cancer and Drug Store,” he said, “you are looking at origins of cancer just as much as you would by looking through a microscope.”

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I wanted to do an over-the-top, walk-through exhibit. I’m not going after individual pharmacies as much as the chains that own them.
Prof. Alan Blum, on his Buffalo, NY, ad exhibit that explores the role that drugstores have played in keeping America smoking.

Your Cancer and Drug Store: One-stop shopping: prescriptions, cigarettes, urgent care and chemo.
Alan Blum's mock-drug store: an exhibition on tobacco advertising that opens today in the Buffalo Museum of Science.

• Organizations Call on U.S. Senate to Pass Legislation Preventing Tax-Evading 

Representatives of law enforcement groups, public health organizations and trade associations today gathered on Capitol Hill to urge the Senate to pass S. 1147, the Prevent All Cigarette Trafficking Act of 2009 (PACT Act). This legislation will help combat online cigarette sales that have robbed hundreds of millions of dollars in tax revenues from the states and that undermine state laws that prevent youth access to tobacco products. This bill closes gaps in current federal laws regulating "remote" or "delivery" sales of cigarettes and smokeless tobacco products.

These organizations were joined by Sen. Herb Kohl (D-WI) and Rep. Anthony Weiner (D-NY), advocates of combating illegal cigarette sales. Numerous stakeholders have worked with Sen. Kohl through the years to pass the PACT Act, which was passed in the House of Representatives this May.

"The PACT Act will strengthen our tobacco laws to ensure that law enforcement has the tools they need to investigate and prosecute cigarette traffickers, said Sen. Kohl. "Each day we delay its passage, terrorists and criminals raise more money, states lose significant amounts of tax revenue, and kids have easy access to tobacco products sold over the internet."

"We must crack down on the illegal sale of tobacco, which gives terrorists and criminals the ability to raise more money," said Rep. Weiner. " . . .

Organizations represented at the press conference included the National Association of Convenience Stores, American Wholesale Marketers Association, National Black Police Association Campaign for Tobacco Free Kids and American Legislative Exchange Council.

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• Nabi makes deal for smoking vaccine 

The Rockville maker of an experimental nicotine vaccine has signed a licensing deal with pharmaceutical giant GlaxoSmithKline that could produce a huge payday if the anti-smoking drug can be successfully brought to market.

Nabi Bioparmaceuticals outlined the terms of the deal Monday. It said a unit of GlaxoSmithKline has agreed to pay $40 million initially for the exclusive worldwide licensing rights to the drug, called NicVax.

Nabi would receive additional money if it meets certain developmental and regulatory milestones, including the development of follow-up nicotine vaccines. Nabi would also earn double-digit royalties from sales if the product reaches the market.

All told, Nabi could collect more than $500 million from the development and sale of the vaccine and its successors, the company said.

"It's the biggest deal we've ever had," said Raafat Fahim, Nabi's president and chief executive. He added that NicVax would become the company's flagship product if it successfully passes final rounds of testing.

Nabi says its vaccine causes a body's immune system to produce antibodies that bind to nicotine molecules, making them too large to reach the brain's receptors.

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• S.F. moves to curtail tobacco outlets  

Smokers are huffing and businesses fuming over a controversial new proposal to drastically reduce the number of stores in The City that can sell cigarettes.

Since 2003, retailers hawking tobacco products in San Francisco have had to apply for a special permit. The permitting process helps The City keep track of sellers and crack down on those vending to minors, officials said.

But now there are too many permits citywide -- particularly in low-income neighborhoods -- according to city officials and anti-tobacco advocates, who have created legislation that would greatly reduce the number of stores that sell tobacco.

An initial proposal imposes a cap of 35 permits for each of the 11 supervisor districts -- 385 total in The City. That is a more than a two-thirds reduction from the 1,097 stores currently selling tobacco products citywide.

The proposal would not take away permits from businesses, but it would reduce them through attrition until there are no more than 35 per district. Also, owners would not be able to transfer the permits when they sell their stores, said Janet Clyde, a commissioner in the Office of Small Business.

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• 'Rolling Stone' Fights Claim It Misappropriated Indie Bands' Names to Promote Cigarettes 

Fending off accusations it misappropriated the names of more than 185 indie rockers to promote cigarettes, Rolling Stone magazine on Thursday appeared to have one appellate justice solidly in its corner.

However, two votes are needed to win and one justice was absent during oral arguments in San Francisco's 1st District Court of Appeal. The third didn't tip his hand.

Rolling Stone was sued last year by a class of indie bands -- led by the San Francisco Bay Area's Xiu Xiu and Toronto's Fucked Up -- who claimed the magazine had traded on their names by using them in a November 2007 graphic/article juxtaposed with a four-page, fold-out advertisement by the R.J. Reynolds Tobacco Co. that touted Camel cigarettes and the manufacturer's collaborations with indie groups. . . .

Nonetheless, the bands claim Rolling Stone intentionally used their names to help R.J. Reynolds sell Camels and that the ad implied the bands endorsed the product.

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• Airports not for tobacco ban 

CHANGI Airport has put its weight behind a global airports group opposing a World Health Organisation (WHO) proposal to ban the sale of duty-free tobacco products on airport premises.

The Airports Council International (ACI), which groups 1,679 airports worldwide, including Changi, maintains that this move will hurt airport earnings, as well as penalise the travelling public.

The issue surfaced at the group's annual meeting recently, in response to suggestions made by the WHO that such a ban would stem the illegal trade in tobacco products.

Member airports agree that they will not stand for such a ban and will work with their respective governments to protect the interests of passengers and the rights of airports and retailers.

This was one of several resolutions approved at the end of the ACI's two-day gathering in Kuala Lumpur last week.

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• Underage smoking 'should be illegal' 

Underage smoking should be an offence like underage drinking, says the peak body for corner stores and petrol stations.

The Australasian Association of Convenience Stores (AACS) is calling on government to make it illegal for under 18s to smoke, handing police the power to issue fines or court attendance notices.

AACS executive director Sheryle Moon, says existing youth anti-smoking measures place a "disproportionate burden on retailers".

"Where is the deterrent to make our kids stub out?" Ms Moon said in a statement.

"We believe it is high time that the responsibility for youth smoking is shared and our young people are given a reason to think twice before sparking up.

"We agree convenience stores have a key role to play in limiting minors access to cigarettes, but we can only do so much."

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• Reynolds in Talks to Buy Sweden's Niconovum  

Tobacco giant Reynolds American Inc. is in advanced talks to buy a Swedish maker of products that help people stop smoking, a move that could signal a profound shift in direction in the global tobacco industry.

Reynolds, the second-largest U.S. cigarette maker by sales, is near a deal to buy closely held Niconovum AB, according to David Sweanor, a Canadian law professor and tobacco expert who says he was briefed by people close to the deal.

Niconovum, based in Helsingborg, makes nicotine-replacement therapies such as Zonnic pouch and Zonnic gum. The company, whose products aren't currently sold in the U.S., was formed in 2000 by Karl Olov Fagerstrom, a leading expert in nicotine dependence who has been involved in such products as Nicorette gum.

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• Insurance discounts for healthy habits spur debate in Washington 

Who could object to rewarding people who quit smoking, lose weight or start to exercise? The American Cancer Society and the American Heart Assn., for starters.

Some companies are charging lower insurance premiums to workers who meet benchmarks for healthy living. The Senate's healthcare overhaul legislation would expand the trend.

But instead of cheering the proposal, some patient advocacy and health groups are worried that it could mean higher rates for less-fit Americans, possibly pricing them out of their employers' insurance plans.

"It is a way of cherry-picking," said Dick Woodruff, senior director of federal affairs for the American Cancer Society. "We are all for workplace wellness, but when you tie it to the insurance pricing system, it's a real problem."

Critics of the Senate proposal also say that giving special treatment to those who meet a company's fitness standards could undercut one of the marquee promises of the Democrats' proposed overhaul: preventing employers and insurers from discriminating against people on the basis of their health status and preexisting medical conditions. . . .

Opponents hope to water down the Senate provision in the legislative maneuvering ahead. A coalition of patient-advocacy and health groups said in a letter to Congress: "We believe that provisions increasing premium variations allowed under current law can -- if used unwisely -- be a back door to making coverage to the sick unaffordable."

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• SANDFORD: Forget what the tobacco industry says 

There are many reasons why children take up smoking but youth exposure to tobacco marketing is a key factor. Although most forms of tobacco promotion were outlawed in the UK by the Tobacco Advertising and Promotion Act 2002, the tobacco industry has continued to use its marketing muscle to lure children to its products through elaborate displays and fancy packaging. . . .

Naturally, the tobacco industry disputes the evidence because of its need to recruit and maintain new customers. The industry has an established track record of contesting research evidence to delay regulation. Tactics include challenging the evidence in order to create uncertainty and using apparently 'independent' researchers to do its dirty work. Such allies include the Cato Institute, for example. . . .

Furthermore there is simply no evidence to support the claim that putting tobacco out of sight at the point of sale leads to an increase in illegal sales. The vast majority of retailers are law-abiding and would not be tempted to try and sell illicit products. The rise in smuggling in both Ireland and Canada predates the implementation of display bans and there is no evidence of any causal association. Tobacco smuggling is clearly a huge problem that requires a strategic response but abandoning a policy that would stop tobacco being promoted to young people is not the answer.

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• Push to restrict tobacco sales to drugstores 

Now San Francisco entrepreneur Stuart Skorman, founder of the now defunct holistic-oriented drugstore chain Elephant Pharmacy, wants to make pharmacies the only places that sell tobacco products.

Skorman, who on Thursday launched a nonprofit organization called HealthyPharmacies.org to promote his idea, believes that restricting cigarette sales to pharmacies would not only control the distribution and visibility of the product, but also give pharmacists the opportunity to counsel customers about quitting.

The idea would also prevent kids from going down to the corner store to buy cigarettes from a clerk who may not check identification, he said.

"Keeping tobacco away from 12-year-olds saves lives and billions of dollars from the health care system," he said.

Skorman advocates testing the concept in some cities and then comparing the impact on smoking with those that have banned the sale of tobacco products in drugstores. He said he's in discussions with city officials interested in the idea, but declined to name the cities.

"If limiting distribution and limiting the visibility of this dangerous product reduces smoking in communities, we believe pharmacists would be more than happy to be part of the program," he said.

The problem? Most pharmacists and health experts interviewed for this story found the idea downright unhealthy.

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If limiting distribution and limiting the visibility of this dangerous product reduces smoking in communities, we believe pharmacists would be more than happy to be part of the program
San Francisco entrepreneur Stuart Skorman, who wants to make pharmacies the only places that sell tobacco products.

• 'Smoking' for trouble 

LIMBANG: 'Kemt' and 'Pally' are names that trigger an anxiety attack among parents here.

They are cigarette-shaped sweets that are packaged like cigarettes. At first glance, the sweet boxes look like real cigarette boxes. Parents are worried that such sales gimmick may eventually tempt children to start smoking.

Ibrahim Tapa, 38, said the products, known as 'Smoke Candy' here, were believed to be imported from China and were sold at 50 sen per box.

Unethical and illegal

This kind of gimmick by traders goes against the government's anti-smoking policy, where millions of ringgit is spent to discourage people from picking up the smoking habit and is making a mockery of the government's effort to create a healthy society."

A Borneo Post survey here showed that several traders were selling 'Smoke Candy' openly.

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• San Francisco, Berkeley Missed Public Health Opportunity by Moving Tobacco 

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.

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