Tobacco.org

• No-smoking bill now a law  

Gov. Benigno R. Fitial signed into law yesterday a measure that bans smoking in virtually all areas in the CNMI, except in private residences, most private bars, casinos, and departure terminal of airports.

With the governor's enactment of the Smoke-Free Air Act of 2008, smoking is now prohibited in government facilities, schools, places of employment and public places-a development that was hailed by health advocates, non-smokers, and even smokers who want to quit.

House Bill 16-47, HD2, SD1, CCS1 is now Public Law 16-46.

The sweeping smoking ban law means if any member of the Legislature, for example, wants to smoke cigarettes outside, he or she needs to be at least 26 feet away from the legislative building's doorway entrance or exit on Capital Hill. At least 13 of 29 lawmakers smoke cigarettes or cigars.

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• 'Let the market dictate smoking ban policy' 

Gov. Benigno R. Fitial, who had been reluctant to support a smoking ban proposal, yesterday welcomed the recent move by some local restaurants to turn smoke-free.

Shirley's Coffee Shop, Tony Roma's and Capricciosa are some of the private dining establishments that recently banned smoking in their premises.

"I believe in free market forces and I applaud the private sector's voluntarily response to growing market demands for greater standards of public health and safety," said Fitial, a non-smoker.

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• Ahead of the curve in no-smoking trend 

While a bill that seeks to outlaw public smoking in the Northern Marianas awaits legislative approval, a handful of restaurants and bars on Saipan have already implemented either a partial or full ban on smoking inside their establishments.

Aqua Resort Club's Costa Terrace Restaurant has been non-smoking since April 2007-making it a full year that the outlet has been tobacco free, according to the Achugao hotel's food and beverage sales manager Yoshimi Yanagisawa

She said that nonsmokers have liked the change and are quite comfortable with the no-smoking policy at Costa Terrace.

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• Survey: Teen tobacco use decreasing 

THE trend of tobacco use among high school and middle school students in the CNMI went down from 2001 to 2007. This was based on the results of the youth risk behavior survey conducted by the Public School System every other year.

From a 79.4 percent result in the survey for middle school students who have ever tried cigarette smoking even one or two puffs in 2001, the figure dropped to 68.6 percent in 2003, 58.5 in 2005 and finally to 56.6 percent last year.

The statistics for the high school students reported an 87.9 percent in 2003 dropped to 82.7 percent in 2005 and finally to 78.1 percent in 2007.

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• Fitial says he will nix smoking ban plan 

Gov. Benigno R. Fitial said he will not support legislation recently introduced at the House of Representatives that seeks to ban smoking in restaurants, bars, and workplaces in the Northern Marianas.

House Bill 16-47, sponsored by Rep. Justo S. Quitugua, proposes to make public places smoke-free. Exemptions include open-air bars, hotel rooms, and outdoor jobsites.

"I'm against that because you know I just came back from Honolulu last year and I noticed that the occupancy at the hotel I usually stay in has gone down dramatically because the Japanese will never stay there anymore; they don't allow people to smoke anymore at that hotel," the CNMI's chief executive said in an interview Friday.

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• Motorist lighting cigarette allegedly causes car mishap 

A motorist has filed a lawsuit in federal court against the driver of a vehicle who was allegedly lighting a cigarette that resulted in a vehicular collision.

Joseph DLR. Gonzales, through counsel David G. Banes, sued Robert Marc Weinberg, for negligence. Weinberg is believed currently residing in Florida.

Gonzales asked the U.S. District Court for the NMI to order the defendant to pay him damages and court costs.

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• AGO sues two tobacco companies 

The Attorney General's Office brought tobacco firms back to court on Monday because of their alleged refusal to release tobacco settlement funds due the Commonwealth.

Assistant attorney general Brian Caldwell, the CNMI's consumer counsel, said that R.J. Reynolds Tobacco and Lorillard Tobacco are illegally withholding some $63,000 owed the CNMI under the tobacco litigation master settlement agreement.

Other tobacco companies, including Philip Morris, have also indicated belief that they are entitled to similar withholdings. If unchallenged, the manufacturers' present refusal to pay the settlement funds could deprive the CNMI of over $525,000 in needed revenue, Caldwell said.

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• China cigarette maker told to pay $.2M 

The Superior Court has found a China cigarette manufacturer liable to pay $265,195.44 to the CNMI government for not complying with the local tobacco law.

In a default judgment, Superior Court Presiding Judge Robert C. Naraja ordered Yuxi Hongta Tobacco (Group) Ltd., Yuxi Cigarette Factory to pay $198,896.58 in civil penalties plus interest at the rate of 9 percent per annum.

Naraja directed the Yunnan, China-based Yuxi Hongta to pay the Attorney General his costs and fees incurred in this case. . . .

The government's lawsuit alleged that in November 1998, the CNMI, along with 46 states and four territories, entered into a settlement agreement with leading tobacco product manufacturers called the "master settlement agreement."

Yuxi Hongta is considered a non-participating manufacturer, Caldwell said.

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• RP cigarette maker settles NMI lawsuit 

A Philippine-based cigarette manufacturer has reached a settlement agreement with the CNMI government to resolve the Commonwealth's lawsuit against the company for allegedly not complying with local tobacco laws.

Antonio B. Yao, vice president for operations of La Suerte Cigar and Cigarette Factory, and acting Attorney General Matthew T. Gregory entered into a consent decree.

Superior Court Presiding Judge Robert C. Naraja approved the consent decree yesterday.

Under the consent decree and final judgment, La Suerte acknowledges that it violated Public Law 13-15 or the Commonwealth Tobacco Escrow Statute, but denied that it did so knowingly. . . .

The statute, P.L. 13-15, prescribes that a tobacco manufacturer who is not a participant in the Tobacco Master Settlement Agreement shall place $.016 per cigarette sold, plus 13.362 percent for inflation, into a qualified escrow account. . . .

The government also filed the same lawsuit against Philippine-based Fortune Tobacco Corp. owned by beer and tobacco magnate Lucio Tan.

In December 2005, Naraja issued a default judgment that found the company liable to pay $1.9 million plus costs and fees to the government for not complying with local tobacco laws.

Fortune Tobacco manufactures, among other cigarette brands, "Hope Luxury" and "Champion," which, according to AGO, were or are sold in the CNMI.

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