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Commonwealth Brands, Inc. et al v. United States of America et al  

09/30/2009 42 NOTICE of Appearance by Nicholas J. Bagley, Daniel Tenny, Sarang Damle, and Mark Freeman on behalf of United States of America, United States Food and Drug Administration, Margaret Hamburg, Kathleen Sebelius (Bagley, Nicholas) Modified to add additional attorneys on 10/1/2009 (CDF). (Entered: 09/30/2009)

09/30/2009 43 RESPONSE to Motion re 3 MOTION for Preliminary Injunction MOTION for Hearing filed by United States of America, United States Food and Drug Administration, Margaret Hamburg, Kathleen Sebelius. Replies due by 10/14/2009. (Chaifetz, Samantha) (Additional attachment(s) added on 10/1/2009: # 1 Main Document, # 2 Proposed Order) (CDF). (Entered: 09/30/2009)

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COMMONWEALTH, et. al. v. USA: Case Summary ($$) 

Date filed: 08/31/2009

Date of last filing: 09/30/2009

Case Summary

Office: Bowling Green

Filed: 08/31/2009

Jury Demand: None

Demand:

Nature of Suit: 440

Cause: 28:2201 Declaratory Judgement

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Smokers take it outside  

Take a deep breath Montana; that's the smell of smoke free state businesses. Today is the first day all enclosed public places and workplaces in Montana must be completely smoke free.

Originally passed by the Montana State Legislature as the Montana Clean Indoor Air Act in 2005, the bill will finally take full effect today. And if bars don't comply, they'll be warned, then fined -- but with a twist. Instead of random compliance checks, fines will be levied dependent on a customer complaint, a loophole that could theoretically let some local bars to still allow smoking, despite the statewide ban. Some places, like Sportspage Bowl in Polson, implemented a smoking ban a few months prior to the statewide date, hoping to get customers used to the idea of smoking outside.

"We went smoke free on July 1," Sportspage owner Glenda Woods said. "A lot of the tourism is in July and August, and most people from out of state are already used to a smoking ban. A couple of our bartenders are smokers, and even they wanted it."

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WU hookah bar owner hosts freedom event  

Smoke clouds billowed from the variety of patrons smoking at the Petra Café and Hookah Lounge on South Grand on Sept. 23. Scents of watermelon, lemon mint and "Threesome," Petra Café's original mix of tobacco, lingered in the air.

However, the day was not just for the regulars of the café to converse and collude as usual. The day was set aside as a place for an event to bring awareness to the encroaching smoking ban the Missouri government is attempting to enforce. "The Hot Box of Freedom" event was created to rebel against the ban in which flavored tobacco would be included as illegal to smoke in public. Co-owner and senior broadcasting major at WU Michaela Garcia said she believes this would ultimately mean an end to her only source of income.

"This ban would include all flavored tobacco, which is the number one thing that we sell," Garcia said. "What we are trying to do with this event is stop the government from telling us what we can and can't do. If we have one bad habit, and it's smoking, we should be allowed to do it."

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• Smoking ban to take effect Dec. 4 

A smoking ban ordinance approved by the Topeka City Council will take effect apparently on Dec. 4, Shawnee County Election Commissioner Elizabeth Ensley said Thursday.

The council voted 6-3 Tuesday to amend city rules by banning public smoking indoors and at places of employment, except in retail tobacco stores; outdoor places of employment; private places; private residences, except when used as a child care, adult day care or health care facility; and no more than 20 percent of hotel or motel rooms that are available to be rented to guests.

Assistant city attorney Braxton Copley said the measure is to take effect after notice of its passage has been published in the official city newspaper, which is the Topeka Metro News, and a subsequent 60-day period has passed.

Ensley said Thursday she'd been informed by the city clerk's office that the ordinance would be published Oct. 5, meaning the 60-day period would end and it would take effect Dec. 4.

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• Teen Attitudes Toward Smoking Linked To Likelihood Of Drinking And Using Drugs 

New research by Weill Cornell Medical College researchers looks at the specific ways parents and peers influence teenagers to smoke, drink and use marijuana in combination. Among their findings: attitudes toward smoking influenced teenagers' use of multiple drugs (smoking, drinking and marijuana), and that this manifested itself differently in boys and girls.

For girls, friends were shown to be central. Ambivalent or permissive attitudes within their social group toward smoking were associated with poly-drug use -- defined as two or more of the following behaviors: smoking, drinking and marijuana use. This wasn't the case with boys, whose poly-drug use was instead predicted by the extent to which they perceived smoking to be prevalent in their larger age group -- not just among their friends.

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SHEPHERD: PB Tax Collector Gannon: "There's No Smoking in this Building"  

​Palm Beach County Tax Collector Anne Gannon would like to charge us all with smoking. Gannon announced yesterday that she is going to stop hiring anybody who "regularly uses tobacco products" for jobs with the tax collector's office. Juice finds itself in the itchy position of agreeing with that irrepressible Republican Sid Dinnerstein on this one, who was quoted yesterday in the Sun-Sentinel:

"If you can pick on people because they smoke, you can pick on people because they eat fatty foods. ... You can go down a very long list of telling people how they should live their lives." . . .

Thanks, Anne. But you know what you can do with your job?

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ABOUHALKAH: Bloomberg is no coward on smoking bans  

More power to you, Mr. Mayor, in your effort to cut smoking even further, which helps slash medical expenses for low-income people.

Meanwhile, the people of Missouri and Kansas can't even get one of their state legislatures to approve a statewide ban on smoking.

How pathetically weak both states have been.

Lawmakers ought to grow a spine and follow Bloomberg's actions of earlier this decade, when he and other elected city officials got tough with smoking.

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• Bulgaria raising cigarette tax to curb smoking  

Bulgaria's new government will raise excise duties on cigarettes 43 percent next year in a bid to curb smoking and relieve the health care system, the finance ministry said on Thursday.

The Balkan country, which is home to 7.6 million people, has the second highest percentage of smokers in Europe and has decided to ban smoking in all public spaces from June next year.

Bulgaria ranks second after Greece in the EU in terms of number of regular smokers as a percentage of the population, according to a Eurobarometer survey. More than half of men and more than a third of women smoke.

Finance Minister Simeon Djankov said the excise duties on cigarettes will jump to 76 euros ($110.7) per 1,000 pieces as of January 1 from 53 euros

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Motorist Reaching For Cigarette Drives Into Pond  

A motorist veered off a west suburban road into a pond early Thursday after losing control while reaching for a lit cigarette that had fallen inside his car, police said. . . .

The man apparently dropped a lit cigarette while driving, scrambled to pick it up and lost control of his car, ultimately veering off the road into a pond, Wheaton Deputy Police Chief Tom Meloni said.

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State's Cigarette Tax Increases Today  

Perspectives vary widely on the $1-a-pack tax increase on cigarettes that goes into effect today, making projections about increases in state revenue and improved health of the citizenry hazy at best.

Some smokers say they're sure of the tax's effect.

"I'm going to quit because of it," said Josh Braccidiferro of Middletown, a smoker for about 10 years. "I'm not spending $7 on a pack of cigarettes."

People who sell cigarettes say a scrounging state government is rifling the pockets of blue-collar Nutmeggers.

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• State cuts Tobacco Quit Line funding despite tax increases 

Starting Thursday, smokers with health insurance who call the state Quit Line for help kicking their habit will get less help, the result of a 55 percent cut in state funding to smoking cessation and anti-smoking programs.

In spite of soaring state cigarette taxes, the Quit Line's funding was slashed by two-thirds - from $3.7 million a year to $1.2 million - as part of the broad cuts implemented in the 2009-11 budget signed by Gov. Jim Doyle to help solve the state's massive deficit. Total funding for anti-tobacco programs was cut from $15.3 million a year to $6.9 million.

The cuts follow a 75-cent increase in the cigarette tax on Sept. 1 that brought the state tax to $2.52 per pack, and also follows a $1-per-pack increase in 2008 - moves made to help solve budget deficits.

Maureen Busalacchi, executive director of SmokeFree Wisconsin, said more resources are needed by smokers motivated to quit by both the tax increase and a state smoking ban on bars and restaurants going into effect on July 5, 2010.

"When people need the resources most, we'll be least able to help them," Busalacchi said.

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Bloomberg Comes Out Stronger for Outdoor Smoking Ban 

Yesterday he sounded more aggressive. "The public is overwhelmingly in favor of banning it in parks as well," he said of the ban currently applied to many indoor spaces," he said at a Queens campaign stop, "So, you know, we'll get that done."

He's probably talking about the September 24 Quinnipiac poll that showed likely voters in favor of such a ban, 52-43 percent. It's a winner with voters, and it takes away another of our few remaining liberties: What's not to like? Next up: Bloomberg bans farts.

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Bloomberg Has 16-Point Lead In Mayoral Race, Quinnipiac University Poll Finds; Most Voters Back Mayor's Bid To Ban Butts In Parks  

By a 52 - 43 percent margin, New York City likely voters support a proposal to ban smoking in city parks and beaches. This smoking ban wins 56 - 39 percent approval from Democrats. Independent voters split with 48 percent in favor and 47 percent opposed. Republicans oppose it 52 - 44 percent.

Women support the outdoor ban 57 - 38 percent, while men oppose it 49 - 44 percent. Support ranges from 55 - 38 percent in favor in The Bronx to 52 - 43 percent opposed in Staten Island, New York City's greenest borough.

"We ban smoking in saloons. We ban smoking in baseball stadiums. We ban smoking in all sorts of places, but in the open air in parks? New Yorkers are still puffing on that idea. Let's see what happens after the election," Carroll said.

From September 16 - 21, Quinnipiac University surveyed 1,513 New York City likely voters

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• Mayor Bloomberg vows to snuff out smoking in parks, beaches 

Mayor Bloomberg says he's pushing ahead with a controversial plan to ban smoking at city parks and beaches, after earlier saying it needed more study.

"The public is overwhelmingly in favor of banning it in parks as well," Bloomberg told the Bay Terrace Community Alliance . . .

Controller William Thompson, Bloomberg's opponent, told the group later that he would pursue the ban if elected.

"The concept of a smoke-free park makes sense to me," Thompson said.

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