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AUDIO: Missouri State University Campus: Smoke-Free? 

Missouri State University in Springfield says it takes pride in trying to improve the public well-being. The university's mission is, after all, public affairs, but now it's trying to up the ante and see whether a ban on smoking is the right choice for the school. KSMU's Adam Hammons has more on how Missouri State might become a smoke-free campus.

Over the past few weeks a committee consisting of faculty, staff, administrators, and students has been debating the idea of having a smoke-free campus.

Dr. Earle Doman, Dean of students and chair for the committee, explains why the university is even addressing the issue.

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Smoking ban petition started  

Topekan Gail Trembley, who doesn't own a business but described herself as a "fed-up private citizen," said Thursday she was starting a petition drive to reverse the smoking ban the Topeka City Council approved Tuesday.

Trembley, a smoker, said she had received a copy of the ordinance, talked to city officials and prepared a petition she thinks fulfills the requirements to force a ballot question vote.

"I would like to have it go back to the ban we had prior to this one, where owners could use their own discretion whether to allow or not to allow smoking," she said. "I think that was fair enough, well, with one exception -- I have wanted employers to have a separate smoking area that was protected from the environment. I think it is cruel to make smokers go outside in the elements."

Trembley, who described herself as disabled and doesn't work, asked registered voters who live in Topeka and would like to sign her petition to contact her at southerndrawlcountry@yahoo.com or by cell phone at (785) 220-9037.

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• Couldn’t smoke, men kill bar manager 

A day before the first anniversary of the ban on smoking in public places, a restaurant manager from Panvel in Navi Mumbai, was killed following a brawl with customers who did not want to comply with the ban.

Forty-five-year-old Mehboob Deshmukh was beaten to death by customers at Himalay Punjab Beer Bar and Restaurant on Wednesday night because they wanted to smoke but waiters would not let them.

Mumbai has registered 60 per cent compliance with the ban since it was imposed on October 2, 2008. Of the 22,275 persons fined across the country for violating the ban, 3,690 were from Maharashtra.

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• Bus conductors can now fine you for smoking 

On a day when a Mumbai restaurant manager was done to death after he tried to stop drunk customers from smoking inside his establishment, the government said it would rope in bus conductors, railway ticket checkers and health officials to bolster a faltering anti-smoking drive.

Violate the ban on smoking in public places and you will pay Rs 200, according to a health ministry notification. The amount remains the same as the existing fine, just that more people have been empowered not just to stop smokers, but also to fine them.

Simply put, education inspectors, government counsels in courts, panchayati raj officials in villages, policemen above the rank of sub inspector and even bus conductors can fine you.

Since the ban on smoking in public places was imposed on October 2 last year, only 22,275 smokers have been fined: India has an estimated 194 million smokers.

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UPDATE 2-US court reinstates Alaska smoker case vs Altria 

A U.S. appeals court on Monday reinstated an Alaska lawsuit against Altria Group Inc's (MO.N) Philip Morris USA by the survivor of a deceased smoker, saying her state product liability claims were not preempted by federal law and should have been tried in state court.

Altria and Philip Morris had argued the state claims could not go forward against them and Alaska Commercial Co, a local retailer, because a victory for plaintiffs Dolores Hunter and the estate of Benjamin G. Francis could result in a ban of cigarette sales in the state.

Francis, a native Alaskan, died at 52 of lung cancer in December of 2004, leaving a 10-year-old son and Hunter, his common law wife, his attorney Don Bauermeister said. Hunter was appointed the personal representative of his estate by a state court.

A lower court agreed the state claims were barred by "congressional intent not to ban the sale of cigarettes" and dismissed the case due to Hunter's failure to bring a claim under federal law, the opinion by the Ninth U.S. Circuit Court of Appeals said.

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Barney's restaurant and bar in Elkhart cited for violating smoking ban  

A restaurant and bar called Barney's has received two separate citations for violating the smoking ban.

Posted: 4:22 PM Oct 1, 2009 Barney's restaurant and bar in Elkhart cited for violating smoking ban

If the city of Elkhart wants to ban smoking in public places, it will apparently have to do it the hard way.

A restaurant and bar called Barney's has received two separate citations for violating the smoking ban.

Instead of paying the fines, the business owner indicated he wanted to challenge the tickets. The matter is headed for Elkhart municipal court.

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STAFF EDIT: No smoking bans, please 

After a recent report revealed that over 100,000 heart attacks could be prevented annually after a nationwide smoking ban, students feel that despite health benefits, the measure would be ethically impractical. Most Boston University smokers and nonsmokers alike agreed that an outdoor smoking ban - coupled with the typical prohibition of smoking inside most buildings - would breach the personal rights of people who should be able to do whatever they want with their bodies. . . .

It's been scientifically proven that a nationwide ban on public smoking would prevent thousands of heart attacks and many other complications along with them. But smoking isn't the only bad habit that causes preventable illnesses in America. In fact, it is in bad company alongside fast food obesity, alcoholism and even maladies caused by the prolonged use of computer keyboards. Many of the things that cause illnesses in this country are unnecessary and avoidable, but that doesn't mean people should be denied the right to choose to do them if they want to. Instead, the risks should be made clear and prevention should be urged. Beyond that, it's the peoples' choice.

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Tobacco settlement grant transferred from SOCAG to Health Department  

Jackson County Commissioners held their regular meeting on at 10 a.m. Tuesday in the Commissioners’ Office in the Jackson County Courthouse. The minutes for the Sept. 14, Sept. 21, and Sept. 29 meetings , reports and blanket purchase orders were all approved.

The Jackson County Treasurer, Janet S. Wright introduced an item for consideration. This was the reinvestment or liquidation of a $500,000 certificate of deposit (CD) that was due on Sept. 30. With interest rates low everywhere right now, the commissioners voted to keep the money invested in a local bank, in a CD with an interest of rate of 1.1%. These funds are for the Sales Tax Revolving Fund.

Holly Grace Campbell, director of ACMI House was ill so Rick Crouch, public relations coordinator of Southwest Oklahoma Community Action Group, Inc. (SOCAG) was present to give information on the client-load of ACMI House. He said that ACMI house holds between 10-13 females and it is almost always full. Males in need of housing for domestic abuse are provided temporary housing in motel rooms. Domestic abuse, according to Crouch, is a much bigger problem than he thought it was.

In light of the serious nature of domestic violence, the commissioners approved a proclamation for “Domestic Violence Awareness Month” be recognized in October.

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• FDA Tobacco Summit 

October 8, 2009 9:00AM - 3:00PM Troutman Sanders Washington D.C. Office 401 9th Street NW Suite 1000 Washington D.C. 20004

The Troutman Sanders LLP Tobacco Team is hosting a seminar regarding the recent legislation giving the Food and Drug Administration authority to regulate tobacco products. Our panel of experts will focus on the key provisions and how they will impact your business.

Continental Breakfast and Lunch Provided Cocktail Reception to Follow

TOPICS WILL INCLUDE

* History of the Legislation

* What Proponents of the Legislation Will Seek to Accomplish

* Implementation Dates

* Testing Requirements

* Good Manufacturing Practice Requirements

* Advertising and Marketing Restrictions

* Unique Issues Pertaining to Electronic Cigarettes

* Tobacco Harm Reduction

* Interplay Between State Regulators and the FDA Legislation

* Who Will Pay for the New Regulatory Infrastructure? . . .

Stuart L. Craig, Jr., Director-Sales, CSols, Inc. Everett W. Gee III, VP Legal Affairs and General Counsel, S&M Brands William T. Godshall, Executive Director, Smokefree Pennsylvania Richard Higby, President, Arista Laboratories Thomas A. Keblys, Senior Implementation Engineer, CSols, Inc. William J. McGowan, Attorney, Silver, McGowan and Silver, P.C. Troutman Sanders Tobacco Team, Bryan Haynes, Ashley Taylor, Diane Romza-Kutz, Robert Browne and Nancyellen Keane

Register Now!

There is no cost to attend this event.

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Tobacco 

FDA Tobacco Summit Event - Troutman Sanders Washington D.C. Office, October 8, 2009

"FDA Tobacco Legislation - Opportunity to Provide Comments and Information on Implementation", September 9, 2009

"Recent FDA Tobacco Related News", August 19, 2009

"FDA Tobacco Oversight Signed into Law by President Obama", June 25, 2009

"Federal Enforcement of State Tobacco Issues Now Moving into Criminal Arena", June 19, 2009

"Federal Law Enforcement Agencies are Aggressively Enforcing State Tobacco Laws", June 12, 2009

For additional information, please visit Troutman Sanders Tobacco Team News & Publications.

The Troutman Sanders Tobacco Team consists of partners, attorneys of counsel and associates. The Team includes a former state Attorney General and Deputy Attorney General who have the "inside" experience, legal skills and business savvy to best service our tobacco clients in particular. Most team members have experience as former state Assistant Attorneys General, or Assistant US Attorneys. The Tobacco Team works closely together and with clients to develop business strategies (particularly as they pertain to state escrow compliance issues); to maneuver through the complicated regulatory process; and to handle branding, transactional and litigation matters.

Federal Law

Congress has recently passed legislation which authorizes the regulation of nicotine in tobacco products by the FDA. Our attorneys within our Life Sciences Team and Tobacco Team work with clients to assist them with formulating plans for meeting the new requirements of the FDA

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33.6 Million Full-Time Employees In The U.S. Reported Using Cigarettes In The Past Month 

A new report reveals that 33.6 million full-time workers aged 18 to 64 (or 28 percent of persons in this category) reported that they smoked cigarettes in the past month based on combined 2006 to 2008 survey data.

The study, Cigarette Use among Adults Employed Full Time, by Occupational Category, by the Substance Abuse and Mental Health Services Administration (SAMHSA) shows that among 22 major occupational categories, the highest rate of past month cigarette use among full-time workers in this age group was found in the food preparation and serving-related occupations (44.7 percent), followed by construction work and mining (or extraction work) at 42.9 percent. By contrast, the lowest rates was seen among those employed in the education, training and library occupations (12.3 percent), as well as the life, physical and social sciences area (15.4 percent.)

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EDITORIAL: Ontarians must benefit if lawsuit is successful  

If successful, the province will have to invest the money to shore up the ailing health system, as they are claiming the tobacco products have created a strain that it can no longer bear.

Similarly, much would be gained in the long run if some of the funds were put into programs to get smokers off the habit and to prevent future generations from turning to smoking.

At least that would be a constructive development that would benefit all Ontarians.

If any of the money goes elsewhere, it will be clear that it is nothing more than a cash grab.

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$50B lawsuit welcomed 

The Eastern Ontario Health Unit and Canadian Cancer Society have endorsed the provincial government's lawsuit to recover $50 billion in costs to Ontario's health-care system in insurance benefits.

The statement of claim outlines how the lawsuit is going after costs "resulting from tobacco-related disease or the risk of tobacco related disease, which have been paid out by the Crown for insured persons."

The $50 billion represents the cost of health care over the past 54 years to Ontario taxpayers, which averages out to $1.6 billion annually.

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Big tobacco: Is Ontario's $46.6 billion suit hypocritical?  

the province of Ontario now seeks similar compensation from Big Tobacco with its own suit for $50 billion Canadian (about $46.6 billion).

The tobacco companies call the suit hypocritical: Ontario collects about $1.1 billion in tobacco taxes, of more than $7 billion levied among all of Canada's provincial governments. As long as cigarettes and other tobacco products are legal, industry proponents say, the tax money should cover health-care costs.

Canada's provinces are believed to be banding together for the suit, just as most U.S. states did to reach the Tobacco Master Settlement Agreement in 1998. The Canadian lawsuit has been expected since the Tobacco Damages and Health Care Costs Recovery Act passed unanimously this year, but tobacco companies promise a long and hard fight.

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Health Highlights: Sept. 29, 2009: Food Workers Heaviest Smokers: Study 

Food preparation and food serving workers are the heaviest smokers among people with full-time jobs, according to a new U.S. report.

The study of 2006-08 data found that 33.6 million full-time employees ages 18-64 smoked cigarettes in the past month.

Smoking was reported by 44.7 percent of food preparation/serving workers, followed by 42.9 percent of construction and mining/extraction workers. The lowest smoking rates were among people in education, training and library occupations (12.3 percent) and those who worked in the life, physical and social sciences area (15.4 percent), according to the Substance Abuse and Mental Health Services Administration study.

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