Tobacco.org

City issues no tickets as smoking ban begins 

The city didn’t issue any tickets for violating the newly expanded smoking ban during its first day, interim Assistant Director of Public Health Mike Hacker said.

The ban prohibits smoking in bars, pool halls, bowling alleys and most bingo parlors. The change, passed by the City Council in December, became effective Monday.

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• Jury Hears Closing Arguments In Tobacco-Patent Case 

Lawyers for Star Scientific Inc. (STSI) and R.J. Reynolds Tobacco Co. made their final bid Monday to sway jurors in a high-stakes case involving Star's patent claim to a new tobacco-curing method that substantially reduces the formation of certain cancer-causing toxins.

Star, which is seeking several hundred million dollars from RJR for patent infringement, said its patented method for reducing certain toxins in cured tobacco, known as tobacco specific nitrosamines, was a revolution in the tobacco industry.

"Nobody could believe it," Star lawyer Richard McMillan said in his closing argument to jurors. "It was completely surprising to the industry."

McMillan said RJR, a unit of Reynolds American Inc. (RAI), "got wind" of the small company's patent and encouraged its farmers to practice Star's invention without permission.

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Phil Jackson Takes Record 10th NBA Crown--Celebrates with a Cigar 

The Lakers won the NBA championship last night, beating the Orlando Magic 99--86. The win gave coach Phil "the Zen Master" Jackson his tenth NBA title as coach, making him the most accomplished man ever to coach in the NBA, and he intended to celebrate with a smoke.

Jackson, who had been tied at nine victories with Red Auerbach, a man who was seldom seen without a cigar in hand, told the media after the game that he would fire up in honor of moving past the Celtics legend. "I'll smoke a cigar tonight in memory of Red," Jackson said. "He was a great guy." . . .

Jackson coached in a different era, where puffing in a NBA arena was impossible. In a 1998 interview, he claimed cigars relaxed him in the same way meditation did. "I owe it all to meditation and to cigars," he said. Jackson cut his NBA coaching teeth with the Chicago Bulls, owned by ardent cigar lover Jerry Reinsdorf, who gave cigars to his star Michael Jordan.

Each man was profiled in Cigar Aficionado magazine. To read the story on Red Auerbach, click here, and to read about Phil Jackson, click here.

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INDIVIGLIO: The Market Doesn't Demand Non-Smoking Bars 

I would first argue that alcohol and cigarettes are probably complementary goods. Having bars without smoking is kind of like having a hamburger restaurant with no hamburger buns: the two go together naturally. You could have one without the other, and there may even be a market for that. But these goods are so complementary, it might not happen.

For cigarettes and alcohol, I'd argue that their complementary nature is historically driven and probably less functionally driven like the hamburger and bun comparison . . .

I wouldn't call a lack of smokeless bars a market failure, because I don't think that markets with lackluster demand that already contain pretty good alternatives should be created. Is there a market for hamburger restaurants with no buns for carb conscious people? Maybe, but it doesn't seem to be strong enough for bun-less hamburger restaurants to be popping up -- especially since people can just cook their own at home without the bun if they choose.

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McARDLE: Why Doesn't the Market Produce Non-Smoking Bars?  

Henry Farrell's interesting post on smoking bans reminds me of an ongoing question that I have never heard a libertarian answer satisfactorily. Smoking in bars and so forth is dangerous to bystanders who have pulmonary disease (the dangers of secondhand smoke to those who are not already breathing-impaired seem to be largely mythical). It's noxious to some other number of people who do not smoke. The libertarian rejoinder to the smoking bans is that bars could choose not to smoke if people wanted it. But in practice, despite the fact that smokers are a minority, and most people hate it, almost no establishment went non-smoking without government fiat.

This seems like a market failure. You can explain it through preference asymmetry and the profitability of various customer classes: heavy drinkers are more likely to also be heavy smokers, and they are the most profitable customers. Bar owners don't want big groups of people who are going to take up three tables for an hour and a half while nursing one white wine spritzer apiece. They want people who are there to drink. In a competitive equilibrium, they couldn't afford to go non-smoking because they'd lose their most profitable customers to all the other bars.

You can explain it, but this doesn't seem like a good market outcome by any measure.

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50% tobacco tax hike proposed 

Bill 150 would raise the cigarette tax by 50 percent, pushing the current levy from $1 to $1.50 a pack. Tax rates on cigars would be raised from 22 cents to 33 cents a piece. Chewing tobacco, currently taxed at 25 cents a tin, would be levied $1.50 if the bill becomes law.

Guam voters will be asked to ratify the proposed sin tax increases in a referendum that would be held concurrently with the general elections on Nov. 2, 2010. Vice Speaker BJ Cruz filed the bill yesterday in a bid to recharge the campaign to curb smoking on Guam.

“Considering the overwhelming scientific data showing numerous health-related problems associated with tobacco use, an increased tax on tobacco is definitely necessary to prevent people from smoking,” Cruz said.

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Carolyn Maloney Questionnaire: New York Survey of 600 Likely Democratic Primary Voters  

Arguments against Kirsten Gillibrand

Now I’m going to read you some arguments that have been made against Kirsten Gillibrand. Please tell me if you find each statement to be a very convincing, somewhat convincing, not very convincing or not at all convincing reason not to vote for her for U.S. Senator.

55* Kirsten Gillibrand has not told the truth about her work for the tobacco industry. Before serving Congress, she represented tobacco giant Philip Morris as a private attorney helping them deal with criminal probes and civil lawsuits from smoking victims. She has helped try to keep tobacco legal in America when she said she was just an associate on the case.

33% Very convincing reason not to vote for her

31% Somewhat convincing

19% Not very convincing

15% Not at all convincing

3% Not sure

56* Not only has Kirsten Gillibrand worked for the tobacco industry, but she has taken donations from Altria Group, the parent of Philip Morris.

34% Very convincing reason not to vote for her

25% Somewhat convincing

22% Not very convincing

14% Not at all convincing

5% Not sure

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Maloney poll backs challenge to Gillibrand  

A private poll conducted for Rep. Carolyn Maloney found that she'd begin a race against Senator Kirsten Gillibrand with a small lead and could blow it open with attacks on Gillibrand's ties to the tobacco industry and relatively conservative record.

The poll, conducted at the end of may by pollster Doug Schoen, found Maloney with a 34% to 32% lead over the appointed senator -- and that she leads 49% to 25% after voters have been read arguments against both senators. [UPDATE: The respondents also heard a much longer battery of positive statements about Maloney, it's pointed out to me, so add a(nother) grain of salt to this section.)

"Gillibrand is too conservative, pro-gun, anti-immigration, and pro-tobacco, working on the side of the tobacco companies and lying about it," says a presentation accompanying the poll. "She has no record compared to Maloney, who has one of the best records of any member of Congress representing the state of New York."

The memo can be read here; the topline results of the poll of 600 likely Democratic primary voters are here.

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NY-Sen: Gillibrand Votes For Anti-Tobacco Measure, Introduces Immigration Bill 

One of the primary line of attacks against Sen. Kirsten Gillibrand is that she is pro-tobacco. In a recent internal poll conducted by Rep. Carolyn Maloney, Gillibrand was labeled as "pro-tobacco" (among other things) because of her past dealings with tobacco companies, which included a stint as a lawyer representing Philip Morris.

But that attack was dealt a severe blow on Thursday when Sen. Gillibrand voted for H.R. 1256 - the Family Smoking Prevention and Tobacco Control Act - which will allow the Food and Drug Administration (FDA) to regulate the tobacco industry, a move that gives the federal government unprecedented power in regulating the industry.

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NY-Sen: Gillibrand Votes For Anti-Tobacco Measure, Introduces Immigration Bill 

One of the primary line of attacks against Sen. Kirsten Gillibrand is that she is pro-tobacco. In a recent internal poll conducted by Rep. Carolyn Maloney, Gillibrand was labeled as "pro-tobacco" (among other things) because of her past dealings with tobacco companies, which included a stint as a lawyer representing Philip Morris.

But that attack was dealt a severe blow on Thursday when Sen. Gillibrand voted for H.R. 1256 - the Family Smoking Prevention and Tobacco Control Act - which will allow the Food and Drug Administration (FDA) to regulate the tobacco industry, a move that gives the federal government unprecedented power in regulating the industry.

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Why smoking may increase heart risk  

.S. researchers suggest nicotine may be a reason smoking increases the risk of cardiovascular diseases.

Charles Drew University of Medicine and Science in Los Angeles and Western University of Health Sciences in Pomona, Calif., said the studies in animals found nicotine promotes insulin resistance -- a prediabetic condition where blood-sugar levels are above normal.

Other studies show people with prediabetes are at greater risk of developing stroke, heart attack and other cardiovascular diseases.

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Proposal Would Impose Outdoor Smoking Limits 

A new proposal on Beacon Hill could mean changes to where smokers can light up even if they're puffing outside.

Currently in Massachusetts, smokers are prohibited from smoking inside public buildings. The new proposal calls for smokers to stay 25 feet away from a door, window or ventilation system.

Reaction to the proposal is mixed.

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Oregon Legislature Passes Smokeless Tobacco Product Tax Increase (H.B. 2672) 

The Tobacco Free Coalition of Oregon (TOFCO) applauds House Speaker Dave Hunt (D - Oregon City) and Representative Sara Gelser (D - Corvallis) for their leadership in passing H.B. 2672, a bill that will protect Oregon's children from easy access to smokeless tobacco products and help prevent the marketing of these products to young people.

This vital youth protection measure will increase the cost of tobacco products including, but not limited to, new candy and pouch tobacco products such as Snus and Orbs, as well as existing chewing tobacco products and cigars.

"They may look like gum. They may look like breath mints. They may taste like candy. But make no mistake -- these products will kill our children. This is tobacco with training wheels," said State Rep. Sara Gelser (D-Corvallis-Philomath). "This bill will stop kids from taking up another dangerous habit that today falls outside the tobacco master settlement agreement regulating advertising aimed at teens." . . .

"By increasing taxes on smokeless tobacco products, we can discourage youth and non-tobacco users from picking up the habit, while discouraging smokers who are trying to quit from switching to smokeless tobacco products that are still dangerous to their health."

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Showdown on cigarette taxes, unemployment benefits today at Capitol  

By the time the House adjourns this evening, one of the following will almost certainly be true:

a) The (not so) great tax debate of 2009 will be pretty much done with after House Bill 889, which would raise cigarette taxes by 50 cents a pack, fails to get the 70 votes needed to send it to the Senate.

- Or -

b) The debate will be very much alive after the bill by Speaker Pro Tem Karen Carter Peterson, D-New Orleans, goes to the Senate with enough votes to override an expected veto from Gov. Bobby Jindal.

While most of the smart money is on option (a), the smart money hasn't always been right this session . . .

Public-health groups have been working the cigarette-tax issue hard for weeks, and took out a half-page ad in Sunday's Baton Rouge Advocate urging passage. But a series of test votes last week, when some legislators tried to shuttle the bill back to committee, fell short of the magic 70 votes, and House Speaker Jim Tucker, R-Algiers, has been unequivocal in his insistence that no revenue-raising measures will pass the House this year.

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Spouses added to quit-tobacco class 

County officials hope a class to help employees quit tobacco can save them more in health-care benefit costs by letting spouses enroll.

"If statistics are true, we are going to save about $287 per year per person in claims," said Lois Miller, Rutherford County's director of insurance. There are 4,200 government and school-district workers on the health-care plan.

She noted survey results suggesting how many more would take the class if spouses could sign up.

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