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To the irritation of Hong Kong's non- smoking advocates, a Japanese tobacco company says it is considering legal action against the government for allegedly breaching the Basic Law and the Bill of Rights over a proposed smoking ban.
Japan Tobacco, the maker of Mild Seven cigarettes, said Thursday the smoking-ban bill will force it to change the name of its popular brand because of a clause outlawing the use of descriptions such as "light" and "mild" on cigarette packaging.
But Hong Kong University chair professor of community medicine Anthony Hedley said it is just another complaint by tobacco companies.
"The industry will argue against every part of the legislation," he said, urging the government to push the legislation forward.
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Facing an enormous revenue shortfall in next year's budget, Gov. George E. Pataki is considering raising the state's tax on cigarettes to $1.50 a pack, which would be the highest tobacco tax in the nation, several lobbyists speaking on the condition of anonymity say.
Asked about the proposal during a walking tour of downtown Troy today, the governor neither denied that the tax increase was an idea being batted about in his budget office nor directly acknowledged that he was considering it.
"No decision has been made at this point," the governor said of the tobacco tax.
No one knows precisely how much tax revenue the state government will lose as a direct result of the Sept. 11 terrorist attacks on the World Trade Center. Mr. Pataki has estimated the drop-off could be $1.6 billion to $3 billion in this fiscal year, which ends on April 1, and $6 billion in the next.
Smokers across New York, already the highest taxed in the nation, soon could be paying another 39 cents per pack to light up.
The Pataki administration, desperate for cash for the upcoming 2002 state budget, is eyeing a sharp hike in cigarette taxes that would require smokers to pay $1.50 in taxes for every pack - boosting the cost of brand-name cigarettes to more than $5 per pack in some places, according to sources.
A tax hike from the current $1.11 per pack to $1.50 would keep New York's cigarette taxes the highest in the nation. . .
With the governor set to release his budget plans this month and possibly as soon as next week, more than a month early, his fiscal advisers are pushing the cigarette tax increase to help close a budget hole of as much as $9 billion - a direct hit from the Sept. 11 terrorist attacks, according to lobbyists and others aware of the plan.
A cigarette tax hike will lead to further complaints by the tobacco and retail industries, which have long tried to convince tax regulators that higher taxes push smokers to purchase their cigarettes from bootleggers, Internet sites and Indian reservations.
Health groups, however, say higher taxes push more people - especially teenagers - to quit smoking.
The Pataki administration Monday did not rule out a cigarette tax hike.
Earlier this year, a federal grand jury in Charlotte indicted Mr. Hammoud, fellow immigrant Said Harb and seven others on charges they conspired to smuggle millions of dollars of cigarettes and divert part of the profits to the Beirut-based terrorist group.
Mr. Harb and three other men were also charged with trying to procure specialized equipment for Hezbollah, including night-vision goggles, global-positioning systems, laser range-finders and advanced aircraft-analysis software.
Monday, a judge in the U.S. District court here is scheduled to hear arguments on a critical aspect of this closely watched case: whether the government can use wiretaps collected by Canada's intelligence agency as evidence in the defendants' criminal trial. The Charlotte case is the first big test of a 1996 law that prosecutors hope will be a major tool in Washington's legal war on terror. The law, known as the Antiterrorism and Effective Death Penalty Act, makes it illegal to provide funding or material aid to foreign terror groups. . .
By the mid-1990s, prosecutors say, Messrs. Hammoud and Harb were involved in a large-scale cigarette-smuggling operation that was initially discovered by a local sheriff's deputy, Bob Fromme. Mr. Fromme and the federal Bureau of Alcohol, Tobacco and Firearms pursued the smugglers for years as they plied the roads between North Carolina and Michigan, where they delivered their cigarettes to gas stations owned by another Lebanese immigrant.
In North Carolina, the state cigarette excise tax is just 50 cents a carton. In Michigan, it is $7.50 a carton, enabling the smugglers to pocket much of the difference, law-enforcement officials say. Between 1996 and 1999, the group funneled millions of dollars of cigarettes to Michigan, earning hundreds of thousands of dollars for themselves, according to investigators' estimates.
By the summer of 1999 -- when the ATF and the U.S. attorney's office in Charlotte were ready to seek indictments in the case -- the FBI stepped in. Agents said they had been investigating members of the smuggling ring for possible involvement with Hezbollah. FBI counterterrorism agents had been watching suspected Hezbollah members in the U.S. for years. The radical Shiite Muslim group was implicated in the 1983 bombing of a U.S. Marine barracks outside Beirut that killed 241 people, among other attacks. Three alleged Hezbollah members also are on the list of most-wanted terrorists assembled by the FBI in the wake of the Sept. 11 attacks.
Prosecutors allege that significant sums of money generated by the Charlotte group's smuggling operations were sent to Lebanon by courier and wire transfer for use by Hezbollah.
The Bush administration sought to use anti-terrorism legislation, rushed through Congress in the wake of the Sept. 11 attacks, to shield U.S. tobacco companies from foreign lawsuits alleging cigarette smuggling and money laundering.
The White House backed a tobacco industry proposal that would have blocked foreign governments from using U.S. courts to go after corporate tax cheats. Canada, the European Union and the governors of Colombia have filed federal civil racketeering lawsuits, seeking billions of dollars in lost revenue and damages from the world’s largest tobacco companies. The suits allege the companies smuggled their cigarettes to evade taxes and duties on their products.
Known in legislative parlance as a "rule of construction," the administration-backed measure was added to the Financial Anti-Terrorism Act of 2001 late on Oct. 16, on the eve of its passage in the Republican-controlled House of Representatives. But the rule ran into strong opposition from Democratic senators and was not part of the USA PATRIOT Act, which President Bush signed into law on Oct. 26. House wording that would have expanded existing law on money laundering crimes to include specifically fraud against foreign governments, however, was eliminated.
The rule of construction did not refer directly to tobacco companies. But it was backed by the White House, Rep. Tom DeLay, R-Tx., and lobbyists for the tobacco industry, including the U.S. Chamber of Commerce, congressional sources said.
Proposed wording in the Oct. 15 U.S. Chamber of Commerce letter to Treasury Secretary Paul O’Neill
"Notwithstanding this Act or any other provision of law, no federal or state court shall have jurisdiction over any civil action or claim that has as its aim or effect the recovery of damages for the non-payment of taxes or duties under the revenue laws of a foreign state, or any political subdivision thereof, except as such actions or claims are authorized by a United States treaty that provides the United States and its political subdivisions with reciprocal rights to pursue such actions or claims in the courts of the foreign state and its political subdivisions."
The "Rule of Construction" wording from the Oct. 16 version of H.R. 3004
"None of the changes or amendments made by the Financial Anti-Terrorism Act of 2001 shall expand the jurisdiction of any Federal or State court over any civil action or claim for monetary damages for the nonpayment of taxes or duties under the revenue laws of a foreign state, or any political subdivision thereof, except as such actions or claims are authorized by United States treaty that provides the United States and its political subdivisions with reciprocal rights to pursue such actions or claims in the courts of the foreign state and its political subdivisions."
"The White House wanted it there," one source said, adding, "The White House put pressure on us to make the case even stronger for the Chamber."
None of the changes or amendments made by the Financial Anti-Terrorism Act of 2001 shall expand the jurisdiction of any Federal or State court over any civil action or claim for monetary damages for the nonpayment of taxes or duties under the revenue laws of a foreign state, or any political subdivision thereof, except as such actions or claims are authorized by United States treaty that provides the United States and its political subdivisions with reciprocal rights to pursue such actions or claims in the courts of the foreign state and its political subdivisions.The "Rule of Construction" wording--backed by the White House, Rep. Tom DeLay, R-Tx., and lobbyists for the tobacco industry, including the U.S. Chamber of Commerce-- from the Oct. 16 version of H.R. 3004. Encountering strong opposition from Democratic senators, the rule was not part of the USA PATRIOT Act, which President Bush signed into law on Oct. 26. Beelman, M.
The doors of Cigar Aficionado's New York Big Smoke opened early at the Marriott Marquis in Times Square. By special invitation of Mayor Rudolph Giuliani and Cigar Aficionado editor and publisher Marvin R. Shanken, some 800 New York City firefighters, police officers and Port Authority police gathered for an hour of complimentary cigars and camaraderie. These New York heroes -- many of them in uniform -- took to the Big Smoke floor for a well-deserved break from work and a hearty thank you from the mayor, Cigar Aficionado magazine and many of the world's leading cigar manufacturers.
Giuliani and Shanken thanked the attendees for their tireless work since the attacks on New York City on September 11. Many of the firefighters, police and Port Authority police had been toiling at the still burning ruins of the World Trade Center, some of them as recently as that day. . .
A who's who of cigar executives were in attendance, gladly handing out their products to New York's finest and bravest. . .
Giuliani approached the mike as the room applauded. "Thank you to Cigar Aficionado magazine and to all the cigar manufacturers that are here," he said. The police and fire department "serve us with such exceptional skill and bravery. I'm so glad there's this recognition for them. And if you like cigars --" with this, the cigar loving mayor took a long, dramatic puff on his cigar as flashbulbs popped and news cameras rolled -- "there are some great ones here. Enjoy them."
Biotech startup Targacept Inc. may consider developing a treatment for nerve gas attacks.
CEO Don deBethizy said the project got started last month when Tommy Thompson, the U.S. secretary of health and human services, implored a gathering of 200 biotech CEOs to develop vaccines and other treatments for bioterrorist attacks.
DeBethizy was among the CEOs at a meeting in southern California and he is now in the process of getting in contact with Thompson to discuss laying out a research plan.
"Whenever you get an opportunity like this where there's a national need, it's important to at least apply what you know to do what you can," deBethizy said.
Targacept was spun-out of R.J. Reynolds Tobacco Co. last summer. It grew from the cigarette maker's years of research into nicotine. Targacept is developing drugs that focus on the central nervous system and deal with, specifically, so-called nicotinic receptors.
The company's lead compounds are for treating Alzheimer's and Parkinson's diseases and ulcerative colitis. They are undergoing clinical trials and could be on the market as soon as 2005. The same principles used in developing those compounds may be transferable to nerve gas attacks, deBethizy said.
Firefighters are used to rushing into smoky rooms - but yesterday they did it for fun, as Cigar Aficionado magazine hosted an event for the FDNY and NYPD at the Marriott Marquis in Midtown.
Avid cigar smoker Mayor Rudy Giuliani, the mag's cover boy this month, made an appearance at the affair, telling the assembled firefighters and cops, "You're the reason why the city of New York, having been attacked so brutally . . . is even stronger, brighter and more effective now than it was before Sept. 11."
The magazine invited the city's heroes who worked at the World Trade Center recovery effort to participate in a sampling of some of the best cigars in the world.
"This is just a small way for us to say thank you to everybody for the service they've provided to New York," said Cigar Aficionado editor and publisher Marvin R. Shanken. "It's an honor for us to honor them."
As America looks to firefighters for help, support and leadership like never before, one fire department is initiating a new campaign that it hopes will catch on in cities across the nation.
Starting on November 15th, the date of the American Cancer Society's 25th annual Great American Smokeout(R), the Indianapolis, Indiana Fire Department (I.F.D.) will prohibit the use of all tobacco products in all 26 of its firehouses. Many firefighters will be giving up their cigarettes for at least a day, and hopefully for a lifetime. This unprecedented act is part of "Tobacco Free in I.F.D.," a groundbreaking program that Indianapolis' firefighters hope will help and inspire them, their colleagues and all Americans to quit smoking altogether.
"The goal of this effort is two-fold," said Louis Dezelan, Chief of the IFD. "Not only do we want to improve the health and quality of life of our firefighters, we also want to set a positive example for the community -- especially for those young people who look to firefighters as role models."
A recent survey commissioned by the American Cancer Society found that approximately one-third of all current smokers in the United States have started smoking more cigarettes since the tragic events of September 11th. However, 78 percent of those who have changed their smoking habits since September 11th indicated that they are interested in quitting smoking for good. "Tobacco Free in I.F.D." is designed to help firefighters do just that, by providing them with the tools necessary for a successful quit attempt. . .
As part of the "Tobacco Free in I.F.D." program, members of the I.F.D. and their spouses who are interested in quitting smoking can receive free smoking cessation counseling, and those who commit to quit for the Great American Smokeout will receive free Nicorette(R) and NicoDerm(R) CQ(R) starter kits from GlaxoSmithKline, providers of these stop smoking products.
On-again, off-again smoker Don Brunson would like to finally give up cigarettes for good. He hopes an appearance on national TV will do the trick.
The Indianapolis Fire Department captain agreed to appear on NBC's Today show Thursday as IFD officially goes tobacco-free in all 26 stations.
"I have quit so many times, it's not even funny," Brunson said.
The Today show will telecast the segment live from Station 14 on the Near Northside. IFD Chief Louis Dezelan and other firefighters will be there to promote the department's Tobacco-Free at IFD program.
The department is encouraging employees to quit using tobacco products and is offering them support ranging from medication to counseling.
Dezelan's plan coincides with the 25th anniversary Thursday of the American Cancer Society's Great American Smokeout, making IFD a timely focal point for national television coverage.
Corey, a 24-year-old New Yorker, watched the attacks on the World Trade Center on Sept. 11 on television and headed straight to her vice -- smoking. But the next day, she couldn't even think about lighting up a cigarette.
"Between watching the smoke on TV and inhaling it when I went outside, the thought of smoking made me sick," she said.
A week and a half later, though, she was back to smoking.
For many Americans, the immediate aftermath of the traumatic attacks changed behavior patterns, as people dealt with the stress and fear from the harrowing events. Some took it as a cue to hit snacks and other comfort foods, destroying months of dieting in the process, others tried to forget by hitting gyms and taking on other athletic pursuits.
Some smokers trying to quit found the post-attack period unusually challenging. Quitnet, a Web community of smokers and ex-smokers helping each other quit, saw the number of people looking for one-on-one counseling stay consistent after the attack. But the number of people going into its public forums asking for help probably doubled, said Quitnet's Alan Peters.
The deputy medical officer for the New York Fire Department said Wednesday that the department will do long-term research on so-called ``World Trade Center cough'' and launch a campaign to get firefighters to quit smoking.
The cough some rescue workers are experiencing ``is preventable and treatable through the increased use of respirators, tobacco cessation and medication,'' said Dr. David J. Prezant. He spoke at the annual conference of the American College of Chest Physicians. . .
Fire officials plan to unveil an aggressive stop-smoking campaign next year to get an estimated 15 percent of New York firefighters off cigarettes.
Research has shown a higher rate of heart attacks in people with increased exposure to particulates, Prezant said. Add the risk of cancer and heart disease associated with smoking and ``you could have dire consequences,'' he said.
Hong Kong's anti-smoking lobby has refused to endorse an "inappropriate" anti-tobacco poster which likens the World Trade Centre disaster to the danger of cigarettes.
The poster says "No More Killing" and depicts two upright cigarettes billowing smoke superimposed from photographs of the burning World Trade Centre.
Local graphic artist and former advertising executive Michael Miller Yu and designer Eric Chan designed the poster and plan to enter it in international design competitions. They had hoped the local anti-smoking lobby would use it in its campaign.
"Six thousand people died in the September 11 tragedy but four million people die [each year] from smoking," Mr Yu said.
He defended his concept and said the image was not in poor taste as it had been conceived to generate awareness. Had it been used commercially it would have been in poor taste, he said. "The visual is fresh in people's minds so it has an impact," he said.
Hong Kong Council on Smoking and Health chairman Professor Anthony Hedley said the poster would not be used in its campaigns.
Philip Morris (NYSE:MO) on Thursday closed its corporate headquarters through at least Friday after it received an envelope containing white powder, the company said.
The substance was delivered to the New York Department of Health for anthrax tests, the building's ventilation system was shut down, and the police department's hazardous materials unit was sent to the building on Park Avenue in Manhattan, according to a recorded message on the telephone line of a Philip Morris spokeswoman.
All employees on the 25th floor of the building, where the media affairs office received the envelope, and in the mailroom were tested for anthrax exposure and as a precaution were given prescriptions for the antibiotic Cipro, the recording said.
``We have received an envelope containing a white powder and turned it over to authorities for testing,'' spokeswoman Peggy Roberts told Reuters. ``We consider the health and safety of our employees to be our highest priority and as a result have decided to close the building at 120 Park Avenue until further notice.''
A message on another company line said that as of 6 p.m. (2200 GMT) ``employees seeking information about the building's status should call the security 800 number.''
We consider the health and safety of our employees to be our highest priority and as a result have decided to close the building at 120 Park Avenue until further notice.Philip Morris spokeswoman Peggy Roberts.
MOST timely cover of the upcoming magazines has to be the December issue of Cigar Aficionado, which features an undaunted Mayor Rudy under the banner "Captain Courageous." I think they'd had the stogie-loving Giuliani in the works for a while, but they junked the planned cover and put America's mayor up front with a good piece explaining from where he gets his strength. No surprise that a fine cigar and Placido Domingo on the mayoral van's CD player helps at the end of a 20-hour day. [This graph only]