Tobacco.org

Drinking this Weekend: Hale's Pepsi Challenge & Cigars at the Bar  

Blind Lion cigar & Scotch Night at Brouwer's Cafe (Fremont neighborhood). Legally sticking a thumb downward to the smoking ban, Brouwer's shuts down to the public and hosts a cigar and scotch tasting. $100 gets you one complimentary cigar, the opportunity to sample over 50 different scotches, and access to both a cigar roller demonstration and a dinner buffet.

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• Spanish capital blows smoke rings through legal loopholes  

SPANIARDS ARE born anarchists who seem to believe that rules and regulations, be they double parking, speeding or smoking, are made to be ignored.

A law banning smoking in places of work or leisure was introduced three years ago but it has had little effect.

The sales of cigarettes fell slightly during the first few months, but they are now back to 2006 levels and the numbers of smokers remain the same.

Someone described the 2006 law as having as many holes "as a leaking bucket".

The law banning smoking in the workplace seems to be respected and it is a common sight to see groups of people puffing away in the streets outside their offices.

But when the draft Bill was first presented in parliament, the catering trade - who feared they would lose business - were up in arms.

Using their powerful clout, they succeeded in diluting the Bill to allow smoking in the majority of establishments. . . .

A report issued last week by the ministry of health showed the frightening statistics of the results of smoking. It is estimated that 50,000 deaths from cancer of the lungs, throat and oesophagus, among others, are caused by tobacco; and 1,400 of these deaths are of passive smokers who have been exposed to tobacco smoke.

It is the non-smoker who has trouble finding a smoke-free bar or cafe in Madrid. Pop into virtually any one, and you are forced to view the scene through a haze of tobacco smoke.

Not surprisingly the passive smoking staff are feeling the consequences.

Dublin-born Morys, who has been in the bar and restaurant trade for more than 30 years, is one of the sufferers.

He is now in remission after treatment for throat cancer at the end of last year and is back at work as manager of an Irish pub in Madrid.

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• Report shows health effects of Iowa’s smoking ban 

A new report shows Iowa’s smoking ban has already led to a decrease in hospitalizations for cardiovascular diseases.

According to the report from the University of Iowa and Iowa Department of Public Health, the largest drop was in coronary heart disease, which showed an average 24 percent reduction in hospital admissions since the Smokefree Air Act was implemented in 2008.

That represents 2,324 fewer Iowans with the condition — the single greatest cause of death in the United States — compared to the three preceding years.

“That’s a lot of dollars, too, if you think about it in that way,” said Christopher Squier, a lead author of the report. . . .

The report was presented Thursday by the American Cancer Society at a legislative breakfast in Des Moines.

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Federal Court Halts FDA Efforts to Detain E-Cigarettes  

Matt Salmon, president of the Electronic Cigarette Association (ECA), today applauded a federal court’s decision yesterday to halt the Food and Drug Administration’s (FDA) regulatory overreaching by blocking adult consumers’ access to electronic cigarettes.

“This is a major victory for consumers, common sense, and electronic cigarette companies,” said Salmon. “It is a significant step in the right direction for the electronic cigarette industry and finally gives the long-overdue recognition of its products as viable alternatives to traditional cigarettes.” . . .

and we urge the rest of the industry to continue to implement these standards,” noted Salmon. These include a commitment not to make any cessation or health claims in marketing materials and not to sell the product to minors as defined by state law. The ECA is promoting legislation in Congress that urges states to ban the sale of electronic cigarettes to those under the legal smoking age.

Salmon said the industry would continue to take responsible steps in marketing its products for what they are—alternatives to combustible tobacco.

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INTERVIEW: Kaine reflects on his time as Virginia's governor  

While Bob McDonnell is set to take up the mantle of leadership in the commonwealth, Tim Kaine is preparing to step down. We take a look back at the legacy Kaine hopes to leave behind.

This wasn't the governorship Tim Kaine had planned for.

"It has been my lot to lead Virginia through the toughest economy since the 1930's," said Tim Kaine. . . .

Kaine made strides with a fickle and divided legislature who often fought him for both philosophical and partisan reasons. Despite their push and pull- the governor successfully pushed through a ban on smoking in most public places; a change that at the time was credited to overwhelming public support.

"People will get the experience and realize that this is a good thing for health and just for aesthetic enjoyment of people eating out," Kaine said.

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VIDEO: Outdoor Smoking Ban in San Luis Obispo  

Smokers have taken their last drag in city parks and recreational areas in San Luis Obispo. Friday the ban to outlaw smoking and tobacco products in public outdoor areas got its first hit.

Friday was the first truly clear day at mission plaza in San Luis Obispo. Smokers have taken their last drag in all public parks and recreation areas.

"I think that's a good thing because I think the majority of people are really bothered by smoke...because second hand smoke is so dangerous," says Maura Adams.

In December the city council unanimously voted to approve the smoking and tobacco ban. Friday the law lit up.

"We've gone from wish you would rather not smoke to you smoke you're a bad person and now...people equate smoking with bad people," says The Sanctuary Tobacco Shop owner Doug Shaw.

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Cigar Store Owners Say ‘No’ to Kansas Governor’s Proposed Tax Hikes 

Kansas Governor Mark Parkinson's efforts to increase taxes primarily on lower- and middle-class Kansans should be thwarted, according to the International Premium Cigar & Pipe Retailers Association.

Parkinson has requested that the state legislature increase taxes on groceries, clothing, tobacco and other consumer goods to help offset the state's gaping budget shortfall projected to be some $400 million in the fiscal year beginning July, 2010.

"In addition to a substantial increase in tobacco taxes, the governor has asked for a comprehensive statewide smoking ban. So, on one hand he wants people to smoke in order to fund government projects and, on the other hand, he wants people to stop smoking. Neither position makes any sense," said Chris McCalla, legislative director of the IPCPR.

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Drive under way to create 'smoke-free' bars, casinos 

The Louisiana Campaign for Tobacco-Free Living wants a new state law that would extend the current ban on smoking in most public places and restaurants to include bars and casinos.

But a leader of the Louisiana Restaurant Association says passing a full smoking ban bill through the Legislature is unlikely, and in the meantime, the state's restaurants are playing on an uneven field against bars and casinos that can serve food and allow smoking.

TFL, funded by a state excise tax on tobacco passed in 2002, is holding events throughout the state this week celebrating the three-year anniversary of enactment of the Louisiana Smoke-Free Air Act and attempting to encourage bars and casinos to go smoke free.

The events included a Wednesday night event at Coda Bar and Grill in Monroe, the only smoke-free bar in the region.

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K. Michael Cummings: Postal Service should stop abetting tax evasion 

Internet vendors of tobacco products have flourished in recent years because they've been able to sell their products without paying their fair share of tobacco taxes. The number of online cigarette vendors has increased more than nine-fold since 2000, with the largest growth in vendors coming from outside the United States.

Persons who purchase tobacco products without paying taxes are breaking the law . . .

aiding and abetting tax evasion while at the same time promoting a product that is known to cause 400,000 premature deaths annually seems shortsighted in light of the fact that the federal government's interest is promoting public health and reining in escalating health care costs. The Postal Service is already banned from distributing guns, alcohol and controlled substances, so it is refreshing to finally see that Congress has decided to add tobacco to the list of banned products.

Legislation called the PACT Act or Prevent All Cigarette Trafficking Act of 2009 is designed to close loopholes that regulate online tobacco sales. This common- sense legislation expressly requires Internet sellers to pay state and local taxes before they send tobacco products to consumers and it explicitly prohibits the Postal Service from delivering cigarettes.

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• AP Exclusive: Tobacco's plea -- no big US payments  

As part of any effort to convince the government that it should skip a trip to the Supreme Court, the tobacco companies may have to drop plans to ask the justices to overturn the ruling that the industry engaged in racketeering.

On behalf of the industry, Washington lawyers Michael Carvin and Miguel Estrada made their pitch against seeking Supreme Court review in a mid-December meeting at the Justice Department with Kagan, according to two Washington attorneys outside the government who are familiar with the meeting in her office.

In the meeting, Carvin and Estrada left the impression the industry might be willing to end plans to see a high court appeal of its own, if the Justice Department would do the same, said the Washington attorneys, who spoke on condition of anonymity so that they could discuss the private meeting with Kagan.

The discussion with Estrada and Carvin resulted in an internal department meeting a few days later. At this meeting, department lawyers discussed the possibility of seeking billions of dollars from the industry as part of a possible negotiated settlement of the suit, according to one of the private attorneys who learned about this second meeting from participants.

The department, the industry or both could request that the Supreme Court take the case, while at the same time asking that the case be delayed while the two sides try to work out a deal.

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AACR-IASLC: Boffo Debut for Gene-Targeted Drug in NSCLC  

Action Points

* Caution interested patients that the investigational drug used in the study is not FDA approved and that its efficacy will need to be confirmed in the ongoing phase III trial.

* Note that this study was published as an abstract and presented at a conference. These data and conclusions should be considered preliminary until published in a peer-reviewed journal.

CORONADO, Calif. -- Non-small cell lung cancers linked to a specific genetic abnormality may be highly responsive to a novel drug that inhibits anaplastic lymphoma kinase (ALK), according to preliminary trial results reported here.

Among patients with rearrangements on the anaplastic lymphoma kinase (ALK) gene within the short arm of chromosome 2 of their lung tumors, 64% had an objective response to the ALK inhibitor PF-02341066.

The phase I study findings were presented at the Joint Conference on Molecular Origins of Lung Cancer sponsored by the American Association for Cancer Research-International Association for the Study of Lung Cancer.

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The e-cigarette lights up a debate  

"This is presented to a young person as an essentially harmless product," said Michael Levy, a compliance division director with the FDA. "We are concerned about the chronic use of these products and what effect that might have on consumers without having been shown that they are, in fact, safe."

But this week the FDA lost a legal battle when a judge ruled that the government could not stop e-cigarettes from being imported on grounds that they are a drug-delivery device.

If the ruling stands, experts say it will be up to the states to look out for consumers.

And don't expect local smoking bans to keep the product out of public places. Officials from the area's two largest cities -- Kansas City and Overland Park -- say their bans do not cover the devices.

"The key to it is there is no combustion taking place. There aren't any byproducts of combustion," said Bart Budetti, Overland Park assistant city attorney. . . .

At the Oak Park Mall kiosk, a video includes two physicians -- lung and cancer specialists -- vouching for the safety of e-cigarettes.

As a bonus, the "cigarettes" are billed as something you can use at the office, in bars and on airplanes -- because they produce vapor, not smoke.

"Common sense tells us this product isn't any more dangerous to an individual than a cigarette," said Matt Salmon, a former congressman from Arizona who is president of the Electronic Cigarette Association.

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Electronic cigarettes not a drug device, judge says 

Electronic cigarettes will remain on the market for now, after a federal judge's ruling this week that could have wider implications for federal regulation of tobacco products.

Some tobacco-control advocates warned that if upheld, the ruling could give rise to a host of new, nicotine-laced products that historically have been restricted by the U.S. Food and Drug Administration.

The preliminary ruling said electronic cigarettes are not drug-delivery devices but should be treated as tobacco products.

"This opens the door for manufacturers of non-tobacco products to insert nicotine, a highly addictive substance and, in certain uses, dangerous, into a wide variety of non-tobacco products that would previously have been forbidden," said Matthew Myers, president of the Campaign for Tobacco-Free Kids. . . .

Judge Richard J. Leon of U.S. District Court in Washington sided with the importers, issuing a preliminary injunction on Thursday ordering the FDA to stop blocking importation of e-cigarettes. Leon wrote that the importers are likely to prevail in their argument that e-cigarettes are not subject to regulation by the FDA's drug division.

Instead, e-cigarettes fall under the agency's new authority to regulate tobacco products, Leon wrote.

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Smoking Everywhere Electronic Cigarettes Defeats the FDA  

"This is a huge victory for the American consumer," said Smoking Everywhere's Vice President Ray Story. "Now this product will be readily available, just like conventional cigarettes. Consumers will be able to purchase the electronic cigarette as a smoking alternative, wherever they can find conventional cigarettes."

Story said that because the electronic cigarette doesn't use tobacco and, therefore, has no carcinogens, tar, and "thousands" of other harmful chemicals, there is no second or third-hand smoke, which statistics say kills about 15,000 people annually. . ..

"Texas has a law that went into effect on January 1 that mandates that all cigarettes sold in the state must be 'fire safe compliant', or FSC," Story said. "In other words, an FSC cigarette must be designed to go out if it's not being actively smoked, reducing the risk of an accidental fire. Smoking Everywhere's electronic cigarette can be smoked without being a fire hazard," he added.

Story said that with Judge Leon's decision being rendered, his company will quickly begin to broker agreements with major chains and department stores in the United States to begin carrying the electronic cigarette.

Story openly theorized why the FDA would be against the import of such a product.

"My guess is that it has something to do with 'big tobacco' ruling the roost," he said.

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• Letters - Smoking in Movies - How Does It Affect the Young?