Email
Password
(Forgot Password?)
In a clear victory for public health, a federal judge in Kentucky today rejected a motion by tobacco companies to block key provisions of the new law giving the U.S. Food and Drug Administration (FDA) the power to regulate tobacco products. Specifically, today's decision strongly supports the government's authority to prevent the industry from making health claims about its products without FDA approval.
We applaud the federal court's decision to quickly and decisively reject the latest attempt by Big Tobacco to frustrate the intent of the new FDA law and allow the agency to get on with its role in putting an end to deceptive and dangerous tobacco marketing.
Eleven public health and consumer advocacy groups joined in the legal effort to thwart the industry's challenge to the law based on the claim that its First Amendment rights were violated.
Jump to full article »
A landmark report released today by the Institute of Medicine provides powerful new evidence that elected officials have no excuse for failing to enact comprehensive smoke-free workplace laws. The IOM report concludes smoke-free laws reduce the number of heart attacks and save lives. The report also confirms that there is conclusive scientific evidence that secondhand smoke causes heart disease, including heart attacks, and finds there is compelling evidence that even relatively brief exposure to secondhand smoke can lead to a heart attack.
These powerful conclusions, reached by one of the most prestigious scientific authorities in the United States, send a loud and clear message to elected officials across the U.S. and worldwide: No excuses, no half-measures. It's time to protect everyone's right to breathe clean air by enacting comprehensive smoke-free laws that include all workplaces and public places, including restaurants and bars. There should be no exceptions or loopholes. No one should have to put themselves at risk of a heart attack, lung cancer or the other serious diseases caused by secondhand smoke in order to earn a paycheck or enjoy a night out.
Health advocates are calling on all Virginia restaurants and other workplaces to go completely smoke-free following the release of a landmark report by the Institute of Medicine (IOM) that concluded smoke-free laws reduce the number of heart attacks and save lives.
The IOM report, released Thursday, also found that there is conclusive evidence that secondhand smoke causes heart disease and heart attacks, and there is compelling evidence that even relatively brief exposure to secondhand smoke may cause heart attacks. The IOM is one of the most prestigious scientific authorities in the U.S. and part of the National Academy of Sciences.
Virginia, on December 1, will implement a new law that restricts smoking, but allows restaurants to have separately ventilated smoking rooms. Health advocates said the IOM report underscores why restaurants should go completely smoke-free, rather than creating smoking rooms, so they do not put the health of any employees or customers at risk by subjecting them to hazardous secondhand smoke.
The Communities Putting Prevention to Work initiative announced today by the U.S. Department of Health and Human Services, which includes support for strategies to reduce tobacco use, is a smart investment in the nation's health that will save lives, prevent disease and help reduce health care costs.� This investment, made possible by the American Recovery and Reinvestment Act of 2009, will also create jobs and strengthen the nation's public health infrastructure, which will help build stronger, healthier communities.
The HHS initiative will provide a total of $650 million for evidence-based prevention and wellness strategies that reduce tobacco use, increase physical activity, improve nutrition and decrease obesity.� In the first part of this initiative, HHS Secretary Kathleen Sebelius today announced that communities and tribes can apply for $373 million in grants to address these public health challenges under the leadership of the U.S. Centers for Disease Control and Prevention (CDC).
We urge communities and tribes applying for these grants to include evidence-based strategies and programs that are proven to reduce tobacco use and exposure to secondhand smoke.� There are few public health measures that have a stronger evidence base than the programs and policies that have significantly reduced tobacco use in states and communities across the country.� Research and experience have demonstrated conclusively that comprehensive tobacco prevention and cessation programs reduce tobacco use, save lives and save money by reducing tobacco-related health care costs.
In California, adult smoking rates were reduced by 35 percent after implementation of its pioneering Tobacco Control Program
I. The MRTP Provision Is Supported By The FDCA’s Long-Standing Regulation 6Of Health Claims For Drugs, Medical Devices, And Foods............................ 6
II. The MRTP Provision Imposes A Permissible Check On False Or Misleading Speech……10 . . .
CONCLUSION
For the foregoing reasons and the reasons stated in the government’s memorandum, the motion for a preliminary injunction should be denied.
Today, eleven public health and consumer advocacy organizations filed a friend of the court (amicus) brief asking a federal court to reject a lawsuit by R.J. Reynolds, Lorillard and other tobacco companies that seeks to block key provisions of the new federal law regulating tobacco products. The immediate issue before the court is the industry's challenge of a provision that requires FDA approval before tobacco companies can make claims about "modified risk tobacco products."
The tobacco companies have also challenged other marketing restrictions in the Family Smoking Prevention and Tobacco Control Act, which authorizes the U.S. Food and Drug Administration (FDA) to regulate the manufacturing, marketing and sale of tobacco products.
The friend of the court brief argues that the modified risk provision of the law is narrowly tailored to satisfy First Amendment constitutional requirements and prior court rulings and is designed to end decades of false health claims that have misled millions of smokers. The brief also argues that the new law's requirements are consistent with FDA's long history of pre-approval of drug, food, and device labeling and promotion as a check against unproven and misleading health claims.
Federal regulators now have more authority to control what goes into cigarettes, and the Food and Drug Administration (FDA) is flexing its new muscle by banning most flavored cigarettes from being made, imported, distributed or sold in the United States. Such spice flavors as cloves are now forbidden, as are fruit and candy flavors, though menthol is exempt from the ban.
Danny McGoldrick, vice president of research with the Campaign for Tobacco-Free Kids, says Florida kids buy or smoke about 31 million packs of cigarettes each year. He says that since most adult smokers start as teenagers, the ban will help stop teens from picking up the habit in the first place.
"We know that one of the ways tobacco companies have targeted youngsters has been with flavors. It makes it easy to smoke, makes it more enticing. This is just one piece of the very large effort it will take to reduce youth smoking."
One of the first provisions of the new federal law regulating tobacco products will take effect Tuesday as the U.S. Food and Drug Administration (FDA) enforces a ban on candy, fruit and other flavored cigarettes.
The ban on candy and fruit-flavored cigarettes is a critical step to end one of the most insidious tactics the tobacco industry has used to target and addict children. The tobacco companies have a long history of using flavors to attract kids, and survey data show that youth smokers are much more likely to use these flavored products. Flavored cigarettes introduced in recent years have included Camel's Twista Lime, Kauai Kolada (pineapple and coconut), Margarita Mixer, Warm Winter Toffee and Winter Mocha Mint, and other brands featuring strawberry, vanilla and chocolate.
It is troubling that some tobacco companies may already be trying to circumvent the ban on flavored cigarettes. For example, Kretek International Inc., which imports Djarum-brand tobacco products from Indonesia and is the nation's top distributor of clove-flavored cigarettes, has introduced clove cigars
District public health and faith leaders today called on the DC Council to immediately renew funding for the DC Tobacco Free Families (DCTFF) Campaign, the District's highly successful tobacco prevention and cessation program.
Health advocates are urging the Council to maintain funding for DCTFF at its current level of $3.6 million annually so it can continue its effective work to prevent kids from smoking and help smokers quit. Unless the Council quickly renews funding, DCTFF will be forced to eliminate most of its activities by the end of the month - just as a 50-cent increase in DC's cigarette tax, which takes effect October 1, will encourage more smokers to seek help in quitting.
Connecticut's leaders have taken decisive action to protect the state's kids and taxpayers from the devastating toll of tobacco use by increasing the state cigarette tax by $1 to $3.00 per pack, making it the second highest state cigarette tax in the nation (Rhode Island's tax is $3.46 per pack). Connecticut is also increasing its tax rates on most other tobacco products, but they still remain shamefully low compared to the state's exemplary new tax rate on cigarettes. Increased tobacco taxes are a win-win-win solution for Connecticut and every other state -- a health win that will reduce tobacco use and save lives, a financial win that will raise revenue to help alleviate budget shortfalls, and a political win that polls show is popular with the voters.
The evidence is clear that increasing the cigarette tax is one of the most effective ways to reduce smoking, especially among kids. Studies show that every 10 percent increase in the price of cigarettes reduces youth smoking by more than six percent and overall cigarette consumption by about 4 percent. Connecticut can expect the $1 cigarette tax increase to prevent 24,000 Connecticut kids from becoming addicted adult smokers; spur 10,000 current adult Connecticut smokers to quit for good; save more than 10,500 Connecticut residents from future smoking-caused deaths; lock in more than $520 million future health care savings; and raise about $60 million a year in new state revenue.
Avis Rent-A-Car's famous advertising slogan "We Try Harder" was never more apt than it is right now. The Campaign for Tobacco-Free Kids applauds Avis Budget Group, Inc. for its announcement today that beginning October 1st, 2009, all Avis and Budget rental vehicles in the United States and Canada will be smoke-free.
By prohibiting smoking in its entire North American rental fleet, Avis will not only be saving on cleaning costs, it will be making renting a car a healthier and far more pleasurable experience for its customers.
In ridding Avis and Budget rental cars of the 4000 chemicals, including over 60 carcinogens, in secondhand smoke, Avis is protecting the rights of all of its customers to breathe clean air.
Connecticut's leaders have taken decisive action to protect the state's kids and taxpayers from the devastating toll of tobacco use by increasing the state cigarette tax by $1 to $3.00 per pack, making it the second highest state cigarette tax in the nation (Rhode Island's tax is $3.46 per pack). Connecticut is also increasing its tax rates on most other tobacco products, but they still remain shamefully low compared to the state's exemplary new tax rate on cigarettes. Increased tobacco taxes are a win-win-win solution for Connecticut and every other state - a health win that will reduce tobacco use and save lives, a financial win that will raise revenue to help alleviate budget shortfalls, and a political win that polls show is popular with the voters.
The evidence is clear that increasing the cigarette tax is one of the most effective ways to reduce smoking
Today's announcement by R.J. Reynolds Tobacco Company, Lorillard Inc. and other tobacco manufacturers that they have filed suit to overturn portions of the recently passed FDA tobacco legislation is not unexpected. The lawsuit, filed in the federal court in Bowling Green, Kentucky, seeks to overturn portions the Family Smoking Prevention and Tobacco Control Act which deal with advertising, marketing and labeling of tobacco products.
The tobacco companies have challenged language in the bill that would compel them to scientifically justify claims of "reduced risk" for any tobacco product. They are also challenging the requirement for larger graphic warning labels on cigarette packs, as well as restrictions on colorful advertising which impacts children, advertising within 1000 feet of playgrounds or schools and numerous other marketing and advertising restrictions. In challenging these restrictions in the FDA tobacco legislation, R.J. Reynolds and the others are asking a federal court to allow them to continue to employ the same irresponsible and deadly marketing techniques which have addicted generations of American children and caused an epidemic of disease, death and heartbreak for American families.
The Family Smoking Prevention and Tobacco Control Act, signed into law on June 22, 2009 by President Obama, is carefully crafted and consistent with the First Amendment. The advertising and marketing restrictions in the bill, first introduced in 1996 as the FDA Tobacco Rule, have been reviewed and cleared by the U.S. Department of Justice.
In a major victory for public health and New York taxpayers, a federal judge in Brooklyn, N.Y. has ruled that cigarette selling businesses based on Indian tribal lands are not exempt from federal, state or New York City tax laws. Judge Carol Bagley Amon of the U.S. District Court for the Eastern District of New York has issued a preliminary injunction stopping smoke shops on the Poospatuck reservation on Long Island, N.Y from selling and distributing cheap, tax-free cigarettes to non-tribal customers. Judge Amon's ruling will not only increase New York City and State cigarette tax revenues but also, by collecting taxes and raising prices, directly reduce New York smoking rates and related harms and costs. . . .
Governor Patterson should follow Mayor Bloomberg's example and take more aggressive action to stop the sale and trafficking of tax-free cigarettes from tribal lands. Ideally, the Indian tribes will enter into mutually beneficial agreements with the state to collect and share all taxes owed on tobacco products sold on or from tribal lands. But if the tribes do not cooperate, Governor Patterson should take full advantage of existing law, as clarified in Judge Amon's ruling and other court decisions, to stop the illegal trafficking of tax-free cigarettes on tribal lands.
Other states and localities would do well to follow New York City's example and use all the existing laws that can be validly applied to stop illicit cigarette smuggling and tax evasion. Judge Amon's ruling proves that the federal Contraband Cigarette and Smokeless Tobacco Trafficking Act is an extremely effective new tool for state and local law enforcement. More state and local governments should consider using it to protect their tobacco tax revenues and improve public health.