Tobacco.org

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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• $2 billion in tax revenue up in smoke 

One in two cigarettes smoked in Ontario is illegal, robbing provincial and federal coffers of more than $2 billion a year and raising concerns about children gaining easy access to tobacco.

"There's absolutely no doubt that there's an incredible amount of revenue lost both in the province of Ontario and Quebec and to the federal government as well," provincial Community Safety Minister Rick Bartolucci said in an interview.

A study for the Canadian Tobacco Manufacturers' Council found that illegal cigarette purchases in Ontario have climbed to 48.6 per cent, followed by Quebec with 40.1 per cent. . . .

Originating on First Nations reserves, the contraband smokes are readily available in most towns and cities.

"People have to understand the severity of buying, of making ... and what damage it does do," said Bartolucci.

But how do we know? Enter the squad of "butt pickers."

In a separate investigation last month, the National Coalition Against Contraband Tobacco collected by hand 19,770 cigarette butts near 110 high schools, and discovered 30 per cent were illegal.

The coalition, which was launched by the Canadian Convenience Stores Association, whose members lose an average of $115,000 in sales annually due to illegal cigarettes, analyzed 14,064 butts from 75 Quebec high schools and concluded 45 per cent were contraband.

Because each legal cigarette has a distinctive marking on the filter, investigators are able to pinpoint hot spots for untaxed and unregulated smokes.

Ontario and Quebec represent about 95 per cent of illegal tobacco sales in Canada, and about 33 per cent of cigarettes sold in Canada are contraband, according to the manufacturers' council study. . . .

The major source of that supply is the Akwesasne native reserve that straddles Ontario, Quebec and the State of New York. Ten cigarette manufacturing plants on the U.S. side pump out billions of cigarettes annually.

"We know that perhaps 95 per cent of the contraband in Canada originates in illegal operations located on four First Nations reserves, the most important of which by far is the U.S. side of Akwesasne near Cornwall, Ont. There is also Kahnawake near Montreal, Tyendinaga near Belleville, and Six Nations near Brantford," said Cunningham.

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• VIDEO: RCMP plays cat-and-mouse with cigarette smugglers  

"Because the smugglers are operating on the water with no lights, we've had a guy killed on a Sea-Doo when he hit a boat going north with cigarettes and he was coming south with marijuana. It's crazy," said Sgt. Michael Harvey, spokesman for the RCMP Cornwall detachment.

The water highway between Akwesasne Mohawk territory and Cornwall is the main source of cheap, illegal cigarettes entering Canada.

The cigarettes are turning up from coast to coast, in big cities and small towns alike. As much as 50 per cent of the smoke filling Canadian lungs comes from smuggled cigarettes, according to one study.

As smuggling goes, Akwesasne is in a unique position: the reserve is on both sides of the U.S.-Canada border. Its territory straddles not only Quebec and Ontario, but also New York state – where the cigarettes are produced.

From her perch overlooking the St. Lawrence River, motel manager Susan Denneny sees and hears the nightly water traffic.

She recalls watching early one August morning as a small armada of open boats unloaded cigarettes into several waiting vans.

"I'm not going to call the cops. I smoke them," says Denneny, who manages the Monte Carlo Motel located on Montreal Rd., which runs along the river.

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No more smoking on the sidelines? 

The Town of Windsor is considering a bylaw to ward away secondhand smoke.

With a vote of 3-2, Council approved first reading of the Protection from Secondhand Smoke Bylaw. The matter will go to second reading at the November 24 council meeting. If passed, no one will be permitted to smoke on any property owned or leased by the Town. This includes all town parks, playgrounds, recreational facilities, trails and building lands.

Windsor’s chief administrative officer Louis Coutinho says the bylaw is not about trying to fine people, but about educating people in a healthier community. “Secondhand smoke is a health hazard.”

Still, those caught violating this bylaw could be subject to a fine of up to $200.

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Smokers may have to butt out at Welland sports venues  

City councillors want people to leave their cigarettes at home when they accompany children to baseball and soccer games at municipal parks.

Welland is developing a draft bylaw to prohibit people from smoking during sports events at city parks.

"I think it would be a great thing for parents, grandparents of children ... to butt out during the games," said Ward 5 Coun. Rocky Letourneau, who first raised the issue at a city council meeting in the summer.

If people need to have a cigarette, Letourneau suggested they leave the area.

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Second-hand smoke linked to breast cancer 

A panel of international medical experts has found a link between exposure to second-hand smoke and breast cancer in pre-menopausal women.

Meanwhile, other research presented Wednesday suggests that women could "virtually eradicate" their risk of developing breast cancer by raising the levels of vitamin D they have in their blood.

A panel of doctors and researchers from medical schools and public-health agencies in the United States and Canada said that in addition to the link to second-hand smoke exposure, it found conclusive scientific evidence linking active smoking to breast cancer in women of all ages.

In light of the findings, warnings about breast-cancer risks should be included in the new set of health-warning labels being developed by Health Canada, said Cynthia Callard, executive director of Physicians for a Smoke-Free Canada.

The group of doctors has called on health advocates and delegates at the latest National Conference on Tobacco or Health, which wrapped up Wednesday in Montreal, to support the inclusion of breast-cancer warnings on tobacco products.

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SCOR; More Money For Tobacco Farmers 

The South Central Ontario Region - or SCOR for short - is happy to announce the Federal Government has launched the Sand Plains Community Development Fund. It's a 15 million dollar program that will help Brant, Elgin, Middlesex, Oxford and Norfolk Counties make the transition out of tobacco.

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• Women smokers unaware of smoking impact  

Most women smokers know smoking can lead to cancer, heart disease and premature death but they are unaware of other health effects, a Canadian survey indicates.

The survey, conducted by Angus Reid on behalf of nicotine replacement therapy brands Nicoderm and Nicoette, reveals the majority of Canadian women who smoke are not necessarily aware of the host of other effects smoking can have on their immediate and longer-term health.

Eighty-three percent of female smokers say lung cancer was most strongly attributed to smoking, 62 percent say premature aging of skin, 61 percent say dental problems such as yellowing of teeth or tooth loss and 60 percent say heart disease.

Fewer than two in 10 female smokers surveyed were aware of the link between lighting up and increased risks of developing health issues such as infertility, early onset of menopause, menstrual irregularities, osteoporosis, baldness, premature grey hair, weight gain, hearing loss and incontinence.

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• Apartment building going smoke-free  

Russell Chandler has smoked for more than 50 years, but he is willing to curb his habit to be more neighbourly.

He is one of approximately 90 tenants of the South Chatham Village Apartments who will have to adapt to a smoking ban coming effect at the apartment complex, Jan 1, 2010.

"There's no hard feelings that they're doing that," Chandler said.

Martin Vanderzwan, chairman of the apartment's board of directors, said the smoking ban has been motivated by reducing the risk of fire and reducing the known health effects of secondhand smoke.

He said most of the residents responded to a survey on implementing the ban.

"It was almost unanimous that we should have a nonsmoking policy," Vanderzwan said.

There are 67 units in the building, including seven or eight units occupied by smokers, he said.

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• Provinces Lose Bid to Set Deadline for JTI Tobacco Health Suits  

A deadline for lawsuits seeking to recoup smokers’ health-care costs from a Japan Tobacco Inc. unit that had been sought by British Columbia, Ontario and New Brunswick was rejected by a judge for coming prematurely.

The Canadian provinces want their claims for treating people with smoking-related illnesses included among those of creditors for Japan Tobacco’s insolvent JTI-MacDonald unit. The provinces said they feared nothing would remain if JTI settled a federal lawsuit that seeks to recover lost taxes from cigarette smuggling in the 1990s.

Ontario Superior Court Judge Peter Cumming called the request premature in an Oct. 30 ruling. The provinces may challenge the company’s plan to exit bankruptcy when it is submitted, the judge said.

“There is no plan of arrangement being put forth or even seen at this point on the distant horizon,” Cumming wrote.

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