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Philip Morris sues N.Y., N.J. retailers 

The Henrico County-based cigarette-maker has monitored retail markets for years to keep fake versions of its brands off store shelves.

This year, Philip Morris has sued 27 stores in New York and New Jersey, which are hotspots for the fakes because of high state taxes, a huge port through which the contraband is easily shipped, and criminal organizations that wholesale the counterfeits.

For Philip Morris, the stakes are simple. In addition to the lost sales, the company doesn't want smokers buying a pack of Marlboros and thinking they don't taste the same, said company spokesman David Sutton. . . .

"The sale of untaxed cigarettes harms legitimate wholesale and retail businesses and costs New York and New Jersey needed tax revenues that could be used to support essential public services," he said.

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Newark grocers, others named in Philip Morris USA litigation 

Reyes Grocery Store and Sunny’s Supermarket , in Newark, were among the defendants named in litigation brought by tobacco company Philip Morris USA.

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• Philip Morris USA Sues Retailers to Stop Counterfeit Cigarette Sales  

Philip Morris USA (PM USA) filed lawsuits against ten retailers selling counterfeit versions of the company's Marlboro� brand cigarettes in New York and New Jersey.

"The New York metropolitan area continues to be a lucrative market for counterfeit and contraband cigarette smugglers," said Joe Murillo, vice president and associate general counsel, Altria Client Services, speaking on behalf of PM USA. "High excise taxes, coupled with New York state's lack of effective tax enforcement, only makes the problem worse," added Murillo.

"These lawsuits are the latest in a series of filings by Philip Morris USA aimed at combating the sale of counterfeit cigarettes in New York and New Jersey," said Murillo. Since May 2009, Philip Morris has filed lawsuits against 27 retail locations in New York and New Jersey for selling counterfeit Marlboro� brand cigarettes

In addition to violating many trademark laws, counterfeit cigarettes are almost always sold without the appropriate federal and state excise tax. The counterfeit cigarettes purchased from the retailers named in today's suits bore no tax stamp or a counterfeit tax stamp. As a result, the applicable excise taxes were not paid. . . .

Eastern District of New York

Maria’s Deli Grocery 143-20 101 Avenue, Richmond Hills, NY 11419

Loveras Grocery 996 Nostrand Avenue, Brooklyn, NY 11225

Southern District of New York

Aloshe Mini Market 1889 Guerlain Street, Bronx, NY 10461

El Barrio Grocery Deli 39 West 183rd Street, Bronx, NY 10453

Fernandez Grocery Corp. 1665 Madison Avenue, New York, NY 10029

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• Philip Morris USA sues over counterfeit Marlboros 

Philip Morris USA is accusing 10 New York and New Jersey retailers of selling counterfeit Marlboro cigarettes.

The nation's largest tobacco company announced the federal lawsuits against the retailers Thursday.

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EDITORIAL: "Hey buddy, you got a smoke?" 

"Clearly, we've hit a wall in reducing adult smoking," a spokesman for the Campaign for Tobacco-Free Kids, told the Associated Press.

If that's the case, it is not for lack of trying. New laws and taxes -- the state cigarette tax rose again this year in New Jersey -- have made smoking more difficult and more expensive. Obviously, people should stop practicing a habit that is a definite health hazard, but there is only so much the government can do. Hopefully, the recent rise in smoking will prove to be an anomaly.

On Thursday of this week, the American Cancer Society-sponsored "Great American Smokeout" takes place. Sure, this is a gimmick, but if it encourages more people to eschew tobacco use, it is a good thing.

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Cigarette Taxes and Smuggling: Executive Summary 

States usually cite two major reasons for hiking their cigarette taxes: to decrease smoking, and to increase state tax revenue. Although these two goals can conflict, the "inelastic" nature of the cigarette market often allows policymakers to achieve both aims at once, with modest smoking reductions accompanying net increases in tax revenue.

This outcome may become increasingly difficult to achieve, however. Many states have raised their cigarette taxes significantly in recent years. These increases have likely furthered the growth of two types of cigarette smuggling: "casual" smuggling, in which individual consumers save money by buying their cigarettes in low-tax states or countries, and "commercial" smuggling, in which larger-scale operators buy cigarettes in bulk in a low-tax area and sell them tax-free in high-tax areas. This smuggling undermines both the revenue and health goals of higher cigarette taxes, while producing unintended consequences for individual states and American society as a whole. In this study, the authors consider cigarette smuggling from two angles. First, they employ a statistical model to estimate the degree to which cigarette smuggling occurs in 47 of the 48 contiguous U.S. states. Second, they review the historical experiences of three states - Michigan, New Jersey and California - known to have problems with cigarette smuggling. . . .

The authors' review of Michigan's, New Jersey's and California's cigarette smuggling experiences suggest that cigarette smugglers can realize large profits: tens of thousands of dollars for a single vanload of cigarettes, and hundreds of thousands of dollars for a single truckload. These sums represent a loss in estimated tax revenues to a state's treasury, but they have produced other unintended consequences, including a variety of crimes:

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Cigarette Taxes and Smuggling: A Statistical Analysis and Historical Review  

In this study, the authors consider cigarette smuggling from two angles. First, they employ a statistical model to estimate the degree to which cigarette smuggling occurs in 47 of the 48 contiguous U.S. states. Second, they review the historical experiences of three states -- Michigan, New Jersey and California -- known to have problems with cigarette smuggling. The author's findings suggest that state policymakers should reassess the value of cigarette taxes as a revenue and public health tool.

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‘Great American Smokeout’ in Washington promotes Lung Cancer Awareness Month 

Pictured is an image from last year's Great American Smokeout in downtown Washington. This year's event will be held Nov. 19. WASHINGTON -- November is Lung Cancer Awareness Month and the "Great American Smokeout."

What a terrific time to draw attention to an ever-increasing issue that faces many New Jersey (and Warren County) residents, says Community Prevention Resources of Warren County, Inc.'s Leeanne Del Prado, Community Partnerships Coordinator for a Tobacco Free NJ. . . .

"We, as a community, cannot ignore the statistics nor can we deny the direct correlations to tobacco usage and sickness and death," said Del Prado. "We should commemorate efforts to stop smoking and recognize that lung cancer is fatal sickness in Warren County by supporting a smoke free environment. Your efforts can make a bigger difference than you think."

If you or someone you know would like to quit smoking and needs assistance, contact Leeanne Del Prado at Community Prevention Resources of Warren County, Inc. 908-835-1800. For further information about Community Prevention Resources, visit www.communitypreventionresources.org.

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ACSID Looks to Give the Boot to Cigarette Litter on Atlantic Avenue  

In an effort to reduce the impact of unsightly litter gracing Atlantic Avenue, the Atlantic City Special Improvement District (ACSID), in conjunction with Keep America Beautiful, Inc. (KAB), has implemented the Cigarette Litter Prevention Program along a designated portion of Atlantic Avenue between North Carolina and Kentucky avenues.

The ACSID secured a $500 grant from KAB and provided an extra $765 towards the purchase of six (6) 4.5 gallon steel outdoor cigarette urns. Heavy duty, weather-resistant and fire-safe, these urns come complete with a three-sided message center that will allow for point-of-display advertising of the Cigarette Litter Prevention Program along Atlantic Avenue.

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In Bergen, are Ferriero's inmates running the asylum? 

Democratic incumbents Julie O'Brien and Vernon Walton have seized on attacks against tobacco companies as a critical issue in a race for Bergen County Freeholder. They are blaming GOP challenger John Driscoll, who is a field sales representative for Lorillard Tobacco, for his role in enabling children to smoke cigarettes. "As a mother and a grandmother I know how hard it is to keep kids away from cigarettes. John Driscoll's efforts aren't helping. It takes your breath way," O'Brien said. Maybe it's smart politics that O'Brien has shifted the debate away from property taxes and Ferriero (by the way, he picked her too).

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Atlantic City may vote next week on casino smoking policy 

The city official who was among the most vocal supporters of a resort-wide smoking ban now wants it off the table.

Calling it a restriction is really more accurate. No matter what local lawmakers decide, certain casino lounges likely could continue to allow smoking, Councilman Bruce Ward said Wednesday.

"Smoking is outlawed in every workplace in New Jersey except casinos," he said.

City Council likely will vote next week on exactly how to limit lighting up on casino floors, according to Councilman Dennis Mason.

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• EDITORIAL: Pass the Atlantic City casino smoking ban 

The legislature, after allowing casinos to escape the statewide indoor smoking ban in 2006, has refused to close this loophole. Lawmakers continually have chosen casino balance sheets over the health of the average Joe. But this is a moral, not economic issue: What amount of money makes it acceptable to put people's lives at risk?

We know the answer: None.

And that's why there's a tobacco stain on New Jersey's soul.

The Atlantic City council has a second chance to do the right thing and pass a casino smoking ban immediately. . . .

Opponents of the ban insist gambling and drinking and smoking go together. Well, actually, they don't. Studies have found that the majority of gamblers don't drink and 82 percent of them don't smoke.

Through all of the debate, one argument remains indisputable: Second-hand smoke kills.

But in New Jersey, cash trumps cancer risks.

"A 100 percent smoking ban would be catastrophic," said Mark Juliano, CEO of Trump Entertainment Resorts. "Right now, we can't face another negative."

Since when is saving lives a negative?

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Smoke-free proving to be heart-healthy  

Cigarette smokers who were bummed about the smoking ban in restaurants, offices and other public places should know that their sacrifice has decreased the cases of heart attack and heart disease.

It's widely known that cigarette smoke is toxic to cigarette smokers, according to cardiologist Dr. Marc Klapholz, but unfiltered secondhand smoke can also cause complications.

A report by the Institute of Medicine, a federally commissioned panel of scientists, found a significant reduction on heart problems after the smoking ban was in place Ð in smokers and non-smokers.

Klapholz said that for non-smokers who shared indoor spaces with those who light up, the secondhand smoke could be more toxic than smoke that directly enters a smoker's lungs.

"A cigarette burns for two minutes, (and) they might be inhaling for 30 seconds or a minute," said Klapholz, director of the Department of Cardiology and professor of medicine at the University of Medicine and Dentistry of New Jersey's medical school. "Most of the smoke goes into the ambient environment."

Klapholz said the IOM report develops a full picture, that cigarettes not only cause problems, "but when you stop it, it prevents things."

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• Atlantic City to debate casino smoking ban again  

"I like it the way it is now. If they banned smoking in Atlantic City, I would go to the Indian reservation casinos in Connecticut just to smoke," DePierro vowed as her husband, James, nodded his head in agreement.

A year after Atlantic City delayed a total smoking ban at the request of the powerful gaming industry, city officials are again debating whether the casinos should go smoke-free. City Council backed away from a ban last year amid warnings that smokers would take their business elsewhere, further depressing casino earnings in the soft economy.

But council members also promised then to revisit the issue in a year. Just as it was on Oct. 8, 2008 - when it voted 5-4 to scrap the smoking ban - council remains divided.

The timing of a new vote is unclear. On Friday, the City Clerk's Office released the agenda for the next council meeting on Wednesday and it did not include the smoking ban.

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LETTER: Make all public places 100 percent smoke free  

As a cardiologist and regional president of the American Heart Association in New Jersey, I remain gravely concerned about our state's safeguards against exposure to second-hand smoke, specifically as this unresolved public health issue lingers in Atlantic City casinos.

The link between second-hand smoke and cardiovascular disease is indisputable. According to the American Heart Association, an estimated 35,000 heart disease deaths annually are associated with environmental tobacco smoke.

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