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Risk of bladder cancer for smokers has increased since the mid-1990s, with a risk progressively increasing to a level five times higher among current smokers in New Hampshire than that among nonsmokers in 2001-2004, according to a new study published online November 16 in the Journal of the National Cancer Institute. Furthermore, researchers found that among individuals who smoked the same total number of cigarettes over their lifetime, smoking fewer cigarettes per day for more years may be more harmful than smoking more cigarettes per day for fewer years.
It is well known that cigarette smoking causes bladder cancer, but the influence of various parameters of smoking history, including trends in risk over time, is unclear.
Dalsu Baris, M.D., Ph.D., of the Division of Cancer Epidemiology and Genetics, National Cancer Institute, in Bethesda, Md., and her colleagues from NCI, Dartmouth Medical School, and the departments of health for the states of Maine, New Hampshire and Vermont, examined bladder cancer risk in relation to smoking practices based on data from a large, population-based case-control study conducted in Maine, New Hampshire, and Vermont from 2001 to 2004.
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Attorneys from around the country descended Wednesday on the federal courthouse in Bangor for a conference on a class-action lawsuit against the makers of light cigarettes.
It is the first multidistrict litigation case ever assigned to U.S. District Court in Bangor.
Multidistrict litigation, or MDL, is the label the federal judiciary gives cases filed against the same party or parties in federal courts around the nation. Once cases have been combined, a three-judge panel assigns them to one federal judge.
At least 20 lawsuits from around the country have been combined in Bangor. The MDL has been assigned to U.S. District Judge John Woodcock, who has not handled one since his appointment to the federal bench in 2003. Moreover, the original Maine case that led to the 20-case MDL is once again in the hands of Woodcock, whom the U.S. Supreme Court reversed last year.
In a 5-4 a split won by the court’s liberals, the justices ruled in December that smokers may use state consumer protection laws to sue cigarette makers for the way they promote “light” and “low tar” brands. . . .
No hearings in the case will be held until January or February. Once Woodcock rules on whether the facts in a landmark case upheld earlier this year by the U.S. Court of Appeals for the Washington, D.C., Circuit can be applied to the MDL case, his decision is expected to be appealed to the U.S. 1st Circuit Court of Appeals in Boston. That decision also could go to the U.S. Supreme Court.
Before the entire Panel: Plaintiffs in five actions pending, respectively, in the Southern District of California, the District of Colorado, the Southern District of Florida, the Eastern District of New York, and the Southern District of Texas have moved, pursuant to 28 U.S.C. § 1407, to centralize this litigation in the Southern District of Florida.1 This litigation currently consists of eleven actions: four pending in the Eastern District of New York, two in the Northern District of Illinois, and one each in the Southern District of California, the District of Colorado, the Southern District of Florida, the District of Maine, and the Southern District of Texas, as listed on Schedules A and B.2
The briefing and oral argument on this Section 1407 motion largely centered on whether three of the eleven actions – Eastern District of New York Caronia and McLaughlin and Northern District of Illinois Cleary – should be excluded from centralized proceedings, thus limiting centralization to the eight actions listed on Schedule A, in which only Philip Morris USA Inc. (Philip Morris) and/or Altria Group, Inc. (Altria) are named as defendants. Philip Morris supports centralization as so defined, as do moving plaintiffs in their reply brief. . . .
The following defendants responded in opposition to inclusion of McLaughlin and Cleary in centralized proceedings: British American Tobacco (Investments) Limited, B.A.T. Industriesp.l.c., Lorillard Tobacco Co., Philip Morris, R.J. Reynolds Tobacco Co., Brown & WilliamsonTobacco Corp., and Liggett Group LLC. Philip Morris, which is the only defendant in Caronia, also responded in opposition to inclusion of that action. . . .
We conclude that the District of Maine is an appropriate transferee district for pretrial proceedings with respect to the eight actions listed on Schedule A. The earliest filed of the eight actions is pending in that district, and that action is substantially more advanced than any of the other actions. Moreover, Chief Judge John A. Woodcock, Jr., has the time and experience to steer this litigation on a prudent course.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on Schedule A and pending outside the District of Maine are transferred to the District of Maine and, with the consent of that court, assigned to the Honorable John A. Woodcock, Jr., for coordinated or consolidated pretrial proceedings with the action pending in that district and listed on Schedule A.
On September 10, 2009, the U.S. Judicial Panel on Multidistrict Litigation (JPML) entered a Transfer Order consolidating eight "light" cigarettes lawsuits in a Multidistrict Litigation and transferring them to the U.S. District Court, District of Maine for coordinated or consolidated pretrial proceedings (MDL No. 2068). The Light Cigarettes Marketing and Sales Practices Litigation will be presided over by the Honorable John A. Woodcock, Jr.
In the Transfer Order, the Panel noted that all eight lawsuits share factual issues as to whether Philip Morris and/or Altria engaged in deceptive marketing of their light cigarettes and/or manipulated the design of those cigarettes to deliver more tar and nicotine when smoked than when tested by the government. The Panel found that centralization in the District of Maine will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. An initial conference will be scheduled in the near future.
One of the eight lawsuits included in the Light Cigarettes Marketing and Sales Practices Litigation was filed by Parker Waichman Alonso LLP on behalf of a man who suffered economic damages as a result of misrepresentations made about Marlboro Lights cigarettes marketed by Philip Morris USA.
"Please no smoking on the patio."
At the Midnight Blues Club in downtown Waterville, that sign went up near the club's entrance, appropriately enough, at the stroke of midnight on Sept. 12.
Since posting the sign, club employees have needed to tell only one person to stop smoking on the outdoor patio area and instead move to the nearby sidewalk, club manager Mary Gagne said last week.
That's required under a new state law -- in effect since Sept. 12 -- that prohibits smoking in outdoor areas owned by eating establishments where food and drink are served.
The law is intended to curb peoples' exposure to secondhand smoke further. Gov. John Baldacci is supporting the law as part of his efforts to make Maine a healthier state and reduce tobacco use. Maine is now the third state in the country to ban smoking in outdoor dining areas, according to the American Lung Association of Maine.
Not surprisingly, Gagne said, smokers have griped about the new law, and nonsmokers say they love it.
I’m young, in college and hang out at a trendy bar on Wednesday nights to see local live music — three qualifications that would seem to make my smoking habit an expected one. But I, like many other smokers, still face the social stigma of enjoying a cigarette after a stressful day or a heavy meal.
I understand the health hazards. I’ve seen the surgeon general’s warning on the side of my Camel Lights box. I fully accept my habit may someday kill me.
My quit date is graduation this year, but the slew of regulations that have been in the news lately make me want to revert back to my 16-year-old self that says, “Spite the authorities. Keep smoking on the principle of personal freedom.” . . .
I understand the precautions legislators are trying to take — reducing health problems, preventing children from smoking, etc. But with proper education, I firmly believe the final decision to smoke or not is a personal issue.
The prohibition of alcohol didn’t work in this country; education on responsible use and practices did. So let’s let the people decide their own fate. Don’t force the choice. Give people the tools to make it for themselves.
Beginning September 12th, smokers will not be able to light up when they are eating or drinking outside at restaurants.
The new state law bans smoking in outdoor dining areas. That includes restaurants, bars and snack bars. The law is modeled after Portland's smoke-free outdoor dining ordinance
A ruling favoring the country's largest tobacco companies has put in doubt almost $9 million due Maine later this month.
In 1998, in exchange for annual payments of about $6.5 billion, 46 states agreed not to sue cigarette makers for the public health harm caused by their products.
Since 1999, Maine has received about $448 million from the settlement and should receive about $50 million this year. An arbiter's finding on March 28 puts at risk about $8.8 million of that amount, which could create a legal and budgetary mess for the state next year.
The independent arbiter agreed with tobacco companies that the terms of the Master Settlement Agreement caused them to lose market share in the United States. Under the terms of the deal, the tobacco companies can make their case that the $6.5 billion they owe states on April 17 should be reduced by about $1.2 billion.
Before the companies can reduce this year's payment, they have to show on a state-by-state basis that the terms of the settlement haven't been met by the states. . . .
"It could be bad news," Kelly said. "If there's no resolution found to the potential shortfall, it could be devastating to The Fund for a Healthy Maine programs."
Maine consistently wins accolades for its anti-smoking efforts and the use of tobacco settlement money. Since 1997, the state has reduced the number of youth smokers by 50 percent and in January the American Lung Association reported that Maine is the first and only state to receive perfect grades on its State of Tobacco Control Report Card.
"Maine does great things with the money," Dow said. "We're a national leader in how the tobacco funds are allocated."
PORTLAND -- Norman Thompson, a man whose capture by a newspaper photographer in Lewiston two years ago made national news, has been caught again, this time charged with stealing more than $1,000 worth of cigarettes.
Portland police arrested Thompson, 36, on Wednesday in connection with two commercial burglaries this week.
Police say he smashed a window and stole Marlboros and cash from Donatelli's Market on Washington Avenue about 2:30 a.m. Sunday. He also is charged with breaking into the Extra Mart at 865 Brighton Ave. at 3 a.m. Tuesday and stealing just over $1,000 worth of cigarettes: Camels, Kools and Newports in addition to Marlboros, police said.
LEWISTON — Following the state's lead of not allowing smoking in state parks and beaches, the Androscoggin Land Trust will be asking anyone using their land not to smoke.
Signs advising the public of the new rule will be posted in the coming days, said Executive Director Jonathan LaBonte.
Cumberland County Jail in Portland. Maine. is full of nicotine fiends who puffed up such apall that smoking was banned last November. Since then, cigarette smuggling has been creative enough to light up a drug lord's eyes. . . .
Some inmates palm cigarettes from spouses while embracing during visits. One prisoner's wife wrapped cigarettes in plastic, put them in her mouth and transported them to her husband during a kiss. Cigarettes also have been discovered in dlapers of visiting infants; mothers who bring, them in know that "usually we don't pat down the babies," says Mr. Sanders.
Smoking will be banned at all outdoor dining areas starting in September -- a move Gov. John Baldacci described as consistent with his efforts to make Maine a healthy state.
"It's been my goal to make Maine the healthiest state in the nation," Baldacci said. "To achieve this goal, we must continue making headway in reducing tobacco use."
Rep. Joan Cohen, D-Portland, and her husband, former Portland Mayor Jim Cohen, celebrated passage of the bill Monday at a signing ceremony in Baldacci's office in Augusta.
Maine smokers lost one of their last public refuges today when Gov. John Baldacci signed into law a bill prohibiting smoking in outdoor eating areas. The bill is modeled after last year's Portland ordinance that bans smoking on cafe patios, decks and other outdoor dining areas. A restaurant lobbyist says his clients will feel the economic pinch of the policy, but sponsors say the law is really about making the dining experience pleasant for everyone.
State Rep. Joan Cohen of Portland has always agreed with the message on the welcoming sign on the turnpike that reads: "Breathe Easy, You're in Maine." And now, she says, it will be easier for people dining out in Maine eateries.
Joe Camel may be banned from outdoor bars and restaurants, if a Portland lawmaker has her way.
Rep. Joan Cohen, a first-term Democrat, wants smoking prohibited from decks and patios at dining and drinking establishments in Maine. The proposed state law is modeled after a similar measure adopted in 2008 by the city of Portland.
"We can visit any bar or restaurant in Maine and be assured that we will not have to contend with smoke," said Cohen, speaking before the Health and Human Services Committee last week.
"But on beautiful summer days, we have to make an unfortunate choice: dine outdoors and inhale smoke, or eat inside."
Cohen's district covers all of Portland and parts of Falmouth, a suburb just north of Portland.
Her bill won an endorsement from the Health and Human Services Committee.
A new statewide poll of registered voters finds that 69 percent of voters support Congress passing a bill to give the U.S. Food and Drug Administration (FDA) the authority to regulate tobacco products. The U.S. Senate is expected to debate this issue next week, and Senators Collins and Snowe will play a key role in determining whether Congress will finally pass this life-saving legislation.
"We want to thank both Senators Collins and Snowe for their long-time leadership on this issue," said Matthew L. Myers, President, Campaign for Tobacco-Free Kids. "The tobacco industry spends over $66 million a year marketing its products in Maine, through this legislation both of Maine's Senators are working to address the number one preventable cause of death and keep tobacco products out of the hands of children."