Tobacco.org

• Arguments begin in 'light' cigarette appeal 

If an attempt at certifying a class-action lawsuit over light tobacco products goes up in smoke at the Supreme Court of Appeal, it will not only hurt smokers and ex-smokers, but could affect all consumers.

An appeal court panel of justices - Margaret Cameron, Gail Welsh and Charles White - began hearing the case Wednesday and it continues today.

Lawyer Ches Crosbie is challenging a decision by the Supreme Court of Newfoundland and Labrador which said the class action couldn't be certified because consumers didn't buy their "light" and "mild" tobacco products directly from Imperial Tobacco Canada Ltd.

Crosbie is accusing the company - which has the largest tobacco sales in this province - of violating provincial trade practices legislation.

Rob Cunningham, an Ottawa lawyer for the Canadian Cancer Society who is observing the case, said if the certification doesn't go ahead, it will set a precedent for many consumer products, which are not commonly bought from their manufacturer.

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Bill 48 gets ringing endorsement from health groups  

A coalition of prominent health organizations is applauding the passage of Bill 48.

The Crown's Right of Recovery Act allows the Alberta government to sue tobacco companies to recover a portion of healthcare costs related to tobacco use.

Ontario, Quebec, British Columbia and New Brunswick have already initiated lawsuits against the tobacco industry to recover Medicare costs.

Ontario and Quebec are suing for $50 billion and $30 billion respectively.

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Health groups applaud passage of bill to sue tobacco companies 

A coalition of prominent health organizations is applauding the Alberta government for passing a bill that will hold tobacco companies accountable for their tremendous impact on the healthcare system.

Bill 48, the Crown's Right of Recovery Act, allows the Alberta government to sue tobacco companies to recover the portion of healthcare costs resulting from the tobacco industry's deceptive marketing practices.

"We are delighted that the Alberta government has joined with other provinces to hold the tobacco industry accountable for the healthcare impact of its deceptive marketing practices," said Tony Hudson of The Lung Association. "The tobacco industry has an unparalleled track record of deceit, denial, and public harm resulting from decades of marketing the leading avoidable cause of premature death. This bill is a significant achievement for public health, justice and tobacco industry accountability."

Alberta is the ninth province to pass legislation to enable Medicare cost recovery lawsuits against tobacco companies.

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Persistence pays off for anti-puffing group  

Cadence Hayes is one of the crusaders who was involved in the push to convince city council to move forward with the idea of the outdoor smoking ban on certain city properties.

She says it was a lot of hard work.

"We knew it would take some work when we started. We actually thought that the first time we presented to city council, way back in February of this year, we thought it would be passed. It wasn't," the petite blonde student recalled.

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City council approves outdoor smoking ban  

Acting on the advice of a group of teenagers, Timmins city council has agreed to ban smoking in outdoor spaces in Timmins that are within ten metres of beaches, playgrounds, parks and recreational fields, such as ball diamonds and soccer fields. Council approved third and final reading of a bylaw amendment Monday evening.

The vote was solidly in favour of the anti-smoking sentiment with most councilors saying they're confident that the majority of citizens favour the ban and that even those who disagree with it, will obey the ban.

The amendment to the bylaw was first suggested last winter by Whisper Out Loud, part of the Youth Action Alliance with the Porcupine Health Unit.

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Cancer Society supports light cigarette class-action case 

The Canadian Cancer Society is supporting a court appeal this week that will attempt to start a class action over light cigarettes.

In a news release, the society said the Sparkes case proceeding as a class action would provide “necessary access to justice.”

Without class-action certification, thousands of consumers in the province would have no practical remedy “as a result of the ‘light’ and ‘mild’ deception,” the society said.

The case returns to court Wednesday and Thursday, when the Newfoundland and Labrador Court of Appeal will begin hearing arguments as to whether a lawsuit against Imperial Tobacco for deception related to so-called “light” cigarettes should be certified to proceed as a class action.

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• CORCORAN: Ottawa's fruit-flavoured tobacco bomb 

The result was Bill C-32, officially titled The Cracking Down on Tobacco Marketing Aimed at Youth Act -- a misnomer if ever there was one. Today, a year later, what Mr. Harper's Conservatives have delivered instead is an over-the-top law that threatens a global trade war and another bonanza for Canada's already out-of-control contraband cigarette market.

The trade-war potential gathered momentum earlier this month when, according to Inside US Trade, the United States joined Argentina, Mexico, Switzerland, the European Union and other nations in opposition to Ottawa's new anti-bubble-gum tobacco law. At a meeting in Geneva, the nations said Canada's law would restrict trade in regular tobacco products to the benefit of Canadian tobacco producers.

The more immediate impact of the law, however, is a ban on the sale in Canada of virtually all brands of U.S. cigarettes. Guess where that leads? The logical result of a ban on legal imports of Marlboros and Winstons is new demand for illegal supplies through the burgeoning Native-dominated contraband market, a tax-evading multi-billion-dollar industry that already accounts for between 33% to 50% of the Canadian cigarette market. . . .

While this may look like another case of unintended consequences run amok, it more likely is part of deliberate scheming by Health Canada officials and others who are consciously using fruit-flavoured smokes to create a global tobacco trade bomb against the U.S. and tobacco industries in Europe, South America and Asia. . . .

Still, Bill C-32 became law, even though Senator Segal abstained over the trade issue. As a result, Mr. Harper's opportunistic election gimmick, aimed at curbing the use of flavoured tobacco to children, will do nothing to protect children. By further enhancing the power and scope of the contraband market, it will only increase the supply of illegal cigarettes, a prime source of tobacco to the young. At the same time, the government has launched a protectionist scheme that threatens a trade conflict.

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Smoking ban at Timmins parks gets approval 

TIMMINS — A smoking-bylaw amendment prohibiting puffing near public beaches, certain playgrounds and recreational fields has been passed by Timmins city council.

It has been a topic that has ignited much discussion around the council table since a group of young people from Whisper Out Loud did a presentation.

The original suggestion was to prohibit people from smoking within roughly 30 metres of beaches, playgrounds and recreational fields.

The amendment passed yesterday establishes that restriction at 10 metres.

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FDAImports.com Reports: FDA Bans Flavored Cigarettes While U.S. Opposes Canadian Ban on Flavored Cigarettes at WTO 

FDAImports.com reports: the U.S. government is a house divided. While some government officials are fighting for greater restrictions on the sale of tobacco products, others are fighting to prevent any more restrictions and balking at the restrictions that other nations have implemented on tobacco sales. Does the right hand know what the left hand is doing?

On November 6, FDA posted a special update on its web site, highlighting what its Center for Tobacco Products has done to implement the Family Smoking Prevention and Tobacco Control Act. On the list was the statutory ban on cigarettes containing certain characterizing flavors (other than menthol) that went into effect on September 22, 2009. FDA stated that it is also exploring options for regulating both menthol cigarettes and flavored tobacco products other than cigarettes, in efforts to reduce smoking in America; particularly youth smoking. FDA also established mechanisms for the public to report information about possible violations of the law, and has issued Warning Letters to firms who appear to be in violation of the ban.

Meanwhile, at a World Trade Organization meeting last week, U.S. members joined Mexico and 5 other countries in the Committee on Technical Barriers to Trade in opposing Canada's ban on flavored tobacco products. These members voiced concerns that the ban was too restrictive, since it bans all tobacco products with even one of the listed additives, and that it would impact various countries' exports. U.S. Senator Jim Benning (R-KY) is using political means to pressure President Obama to fight the Canadian law -- by placing a hold on the nomination of Miriam Shapiro to be deputy trade representative.

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FDA Bans Flavored Cigarettes While U.S. Opposes Canadian Ban on Flavored Cigarettes at WTO 

FDAImports.com reports: the U.S. government is a house divided. While some government officials are fighting for greater restrictions on the sale of tobacco products, others are fighting to prevent any more restrictions and balking at the restrictions that other nations have implemented on tobacco sales. Does the right hand know what the left hand is doing?

On November 6, FDA posted a special update on its web site, highlighting what its Center for Tobacco Products has done to implement the Family Smoking Prevention and Tobacco Control Act. On the list was the statutory ban on cigarettes containing certain characterizing flavors (other than menthol) that went into effect on September 22, 2009. FDA stated that it is also exploring options for regulating both menthol cigarettes and flavored tobacco products other than cigarettes, in efforts to reduce smoking in America; particularly youth smoking. FDA also established mechanisms for the public to report information about possible violations of the law, and has issued Warning Letters to firms who appear to be in violation of the ban.

Meanwhile, at a World Trade Organization meeting last week, U.S. members joined Mexico and 5 other countries in the Committee on Technical Barriers to Trade in opposing Canada's ban on flavored tobacco products. These members voiced concerns that the ban was too restrictive, since it bans all tobacco products with even one of the listed additives, and that it would impact various countries' exports. U.S. Senator Jim Benning (R-KY) is using political means to pressure President Obama to fight the Canadian law -- by placing a hold on the nomination of Miriam Shapiro to be deputy trade representative.

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Illegal smokes fuelling crime, group says  

Some of the money earned from the sale of black market smokes is fuelling firearm and drug smuggling by organized crime, an expert says.

About $2 billion in tax revenue goes up in smoke as a result of the sale of illegal smokes, according to a report by the Canadian Tobacco Manufacturers Council. About 13 billion illegal cigarettes are sold in Canada each year.

"People think selling contraband cigarettes is a victimless crime and no one gets hurt. Yes, it deprives us of tax dollars, but it is money that is pumped back into organized crime," said Gary Grant, a former Toronto cop, who heads the National Coalition Against Contraband Tobacco.

"Organized criminals are lining their pockets with sales from illegal cigarettes to traffic their weapons and drugs," he added yesterday.

NCACT recently conducted a study, which found 30% of the cigarette butts collected around high schools were from illegal smokes.

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QUARLES: Administration must confront Canada on burley tobacco ban 

The Canadian government has enacted a law that could endanger the entire burley tobacco industry. U.S. tobacco growers need President Barack Obama and the Office of the United States Trade Representative (USTR) to ensure that the Canadians honor their trade obligations and that other countries do not follow Canada’s lead in banning American blend cigarettes.

The Canadian government’s hypocrisy on trade is startling. Less than a month after Prime Minister Stephen Harper visited Washington to lecture President Obama about the dangers of “Buy American” laws, his government passed a “Buy Canada” tobacco ban that violates Canada’s World Trade Organization (WTO) responsibilities.

The legislation, C-32, was intended to ban candy-flavored tobacco products, a worthy goal that U.S. burley growers share.

Unfortunately, C-32 morphed into an overreaching piece of legislation that prohibits the manufacture or sale of blended cigarettes that contain burley tobacco. This outcome is especially troublesome because American blend cigarettes are not candy-flavored in any way. . . .

At a time when so many sectors of the American economy are suffering, it is wrong for the burley tobacco industry to fall victim to an overreaching foreign law that violates the standards of free and fair trade. It is incumbent on USTR to send a strong message to Canada and other countries that banning blended cigarettes that contain burley tobacco is unacceptable and unnecessary to achieve the goal of reducing youth smoking.

-- Quarles is president of the Burley Tobacco Growers Cooperative Association

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• 'Light' cigarette case going back to court 

The application for certification was filed by Ches Crosbie on behalf of Victor Todd Sparkes - the class action's representative plaintiff - against Imperial Tobacco Canada Ltd., Imperial Tobacco Company Ltd. and the Attorney General of Canada.

Sparkes' lawyers claimed the tobacco companies descriptions of "light" and "mild" as well as other descriptive terms were part of a deliberate misinformation campaign by the tobacco manufacturer to mislead and deceive the public into thinking the use of such products would have less harmful effects than smoking "regular" cigarettes.

But Supreme Court of Newfoundland and Labrador Justice James Adams said in 2008 the plaintiff failed to establish a cause of action under the federal Trade Practices Act. Adams denied the certification on the basis consumer Victor Sparkes did not buy the cigarettes directly from Imperial Tobacco. But the matter is being heard again by the Court of Appeal Wednesday and Thursday.

Crosbie argues people can't buy cigarettes directly from the supplier.

Lewis originally joined the class action because it sounded like his life story.

"We were blindsided. We were misled and taken advantage of. ... At the end of the day, I wanted to quit. I thought the switch to light cigarettes was going to help me take that edge off from smoking regular cigarettes," Lewis said.

"So they had me. I couldn't win."

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• EDITORIAL: Illegal cigarettes can't be ignored  

It is in society's obvious interest, then, to crack down on the rampant trade in contraband cigarettes. And, in fairness, some efforts have been made. Brennan and Benzie report that a law enforcement trial project, in which U.S. and Canadian officers worked side by side this summer on Canadian Coast Guard vessels, led to more efficient cross-border patrolling. Such joint operations should become permanent.

Other ideas include restricting raw materials for large-scale cigarette-making to those with a valid manufacturers' licence and working with native groups to bring about a First Nations tobacco tax equal to the province's. It might also help if government did more work to promote alternate – and legitimate – economic pursuits in First Nations reserves, thereby easing dependence on illegal activities.

The illicit tobacco trade didn't appear overnight, and it won't be easily eliminated. But more could surely be done to stanch this dirty business, to protect both government revenues and public health.

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• Black-market smokes bankroll mobsters  

Some of the money earned from the sale of black market smokes is fuelling firearm and drug smuggling efforts by organized criminal groups, an expert says.

About $2 billion in tax revenue goes up in smoke as a result of the sale of illegal smokes, according to a report by the Canadian Tobacco Manufacturers Council. About 13 billion illegal cigarettes are sold in Canada a year.

"People think selling contraband cigarettes is a victimless crime and no one gets hurt. Yes, it deprives us of tax dollars, but it is money that is pumped back into organized crime," said Gary Grant, a former Toronto cop, who heads of the National Coalition Against Contraband Tobacco.

"Organized criminals are lining their pockets with sales from illegal cigarettes to traffic their weapons and drugs," he added yesterday. . . .

Community groups, retailers, business organizations and health groups are all calling for government action, said Benjamin Kemball, president of Imperial Tobacco Canada.

"It is not every day that you get tobacco companies and health groups asking for the same thing. When you do it is time to listen," Kemball said in a release.

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