Tobacco.org

• Bobbie DeRamus recalls helping to pass first indoor smoking ban 

Bobbie DeRamus doesn't remember things as well as she did. She's been diagnosed as being in the early stage of Alzheimer's disease, a neurological disorder devastating to short-term memory. So she thinks about the distant past. One memory that keeps coming back is when she spoke up for a ban on indoor smoking.

DeRamus, 86, of Roseburg suffered severely from the secondhand cigarette smoke she inhaled at work in the 1970s and '80s. She testified several times in front of a state Senate committee when legislators were considering what became the Oregon Indoor Clean Air Act.

The ban on indoor smoking in public buildings except in designated areas went into effect in 1983, the same year DeRamus left her job as a bookkeeper for Children's Services Division in Roseburg due to the damage secondhand smoke had done to her body.

The ban provoked strong feelings. In a Gallup poll in 1983, 55 percent of smokers agreed they should refrain from smoking around nonsmokers. But 39 percent disagreed, and about 30 percent did not believe that secondhand smoke was hazardous to nonsmokers.

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• $300 million trial into the 'reprehensibility' of Philip Morris begins again  

Ten years after a Multnomah County jury awarded $150 million after finding Philip Morris deceived a low-tar cigarette smoker into thinking she'd chosen a healthier alternative, the case is before a jury again.

The Oregon Supreme Court overturned the first jury's punitive-damage award because of the way the jury was instructed to deliberate. This time, with a slight but important tweak to the instructions, a new 12-person jury will decide how reprehensible the tobacco maker's actions were in causing the death of Salem resident Michelle Schwarz. The jury can award up to $300 million. Jurors were not told about the original verdict of $150 million.

Opening statements began today in the courtroom of Judge Henry Kantor. The trial is expected to last four weeks. . . .

Schwarz began smoking in 1964 when she was 18. She tried to quit but failed. In 1976, Philip Morris introduced a low-tar cigarette under the brand Merit. Schwarz, who smoked a pack a day, believed the low-tar cigarettes weren't as harmful as regular cigarettes, so she switched.

"She smoked these low-tar cigarettes from 1976 until her death in 1999" at age 53, said Larry Wobbrock, an attorney for Schwarz's estate. "She smoked them up until she got sick and couldn't."

Schwarz died after contracting lung cancer that metastasized with a tumor in her brain. The family's attorneys successfully argued to the first jury that Philip Morris was aware that low-tar smokers tended to inhale more deeply and hold the smoke longer in their lungs -- enabling smokers to rationalize a habit they would otherwise consider deadly.

"The case is no longer about the conduct of Michelle Schwarz. It's about the misconduct of Philip Morris," Wobbrock said.

An attorney for Philip Morris, however, spoke at length about how Schwarz should have known that smoking in general was dangerous. . . .

Kelly also said Philip Morris doesn't make $300 million of profit in five days. What's more, he said Philip Morris has paid dearly for damage caused by smoking -- $55 billion since 1997 as part of an agreement with 50 state attorneys general. About $526 million of that has gone to Oregon.

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LETTER: Here’s to more smoke-free air and better health  

Let's take a moment to fill our lungs with tobacco-free air and celebrate the three-year anniversary of Oregon's Smoke-free Workplace Law. Thanks to this law, nearly every Klamath County resident can breathe smoke-free air at work and in many public places.

We're several steps closer to the day when no one breathes toxic secondhand smoke, children no longer pick up the addiction, and smokers kick the habit.

Oregon's Smoke-free Workplace Law is a success. . . .

So in this New Year, together let's make a resolution to support further advances in smoke-free policies. Let's work even harder to prevent our children from being exposed to secondhand smoke.

And, of course, let's quit using tobacco. If you or a loved one needs help in doing so, please call the Oregon Tobacco Quit Line (1-800-QUIT-NOW or 1-877-2NO-FUME).

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• Big Tobacco's loss might become Oregon sick and needy's gain 

As the Oregon Legislature convened Wednesday for the start of a monthlong legislative session, key lawmakers proposed spending much of a $56 million dollar legal windfall to avoid cutting services for the sick and needy.

Three legislators in charge of writing the state's financial plan suggest taking three-quarters of the income from a court victory over tobacco giant Philip Morris, roughly $41 million, to shrink a $200 million spending gap.

They'd use budget maneuvers and service cuts to cover the rest of the deficit. "Philip Morris' unwilling contribution to our state coffers came at a very opportune time," said Rep. Dennis Richardson, R-Central Point, a co-chairman of the Budget Committee.

Budget writers discussed their proposal as lawmakers began their first even-year session since voters decided to make the Legislature meet annually.

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Rep. Carolyn Tomei wants OLCC to enforce tobacco sales to minors: Oregon Politics Roundup 

It's illegal for children under 18 to buy tobacco products in Oregon -- yet no one in the state appears to have the power and the money to enforce the law against retailers who do sell to minors.

Rep. Carolyn Tomei, D-Milwaukie, wants to fix that with a proposal to grant such authority to the Oregon Liquor Control Commission. House Bill 4149 would allow liquor inspectors the power to cite retailers - just as law enforcement does, when it comes to tobacco - and to accept grant money to carry out that purpose. The agency is OK with the change, Tomei said at today's meeting of the House Judiciary Committee.

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Tobacco lawsuit helps Oregon balance budget 

As the Oregon Legislature convened Wednesday for the start of a month-long legislative session, key lawmakers proposed spending much of a $56 million dollar legal windfall to avoid cutting services for the sick and needy.

Three legislators in charge of writing the state's financial plan suggest taking three-quarters of the income from a court victory over tobacco giant Philip Morris, roughly $41 million, to shrink a $200 million spending gap. They'd use budget maneuvers and service cuts to cover the rest of the deficit.

"Philip Morris' unwilling contribution to our state coffers came at a very opportune time," said Rep. Dennis Richardson, R-Central Point, a co-chair of the Budget Committee.

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Oregon’s budget benefits from historic tobacco verdict 

That Jan. 13 decision came after the Oregon Supreme Court rejected a request from Philip Morris to reconsider a December 2011 court ruling that said the tobacco company — maker of many popular brands of the drug, including Marlboro and Virginia Slims — must pay the state damages. Under Oregon’s “split recovery” law, the state is entitled to 60 percent of a punitive damage award in certain cases to be paid to the Criminal Injuries Compensation Account of the Department of Justice’s Crime Victims’ Assistance division.

Part of the award will fund crime victims programs, but the Oregon Attorney General’s office says a majority will help the Legislature deal with the budget deficit.

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State of Tobacco Control 2012 - State Grades: Grade Summary - Oregon 

Grade: F

Tobacco Prevention Control and Spending . . .

* FY2012 Total Funding for State Tobacco Control Programs: $11,308,077

* CDC Best Practices State Spending Recommendation: $43,000,000 . . .

Grade: A

Smokefree Air

Overview of State Smoking Restrictions

* Government Workplaces: Prohibited . . .

Grade: D

Cigarette Tax

* Tax rate per pack of 20: $1.18

Grade: C

Cessation

Overview of State Cessation Coverage

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Oregon Scores $56M From Philip Morris In Smoker's Suit 

Philip Morris USA Inc. will fork over $56 million to Oregon after failing to nix a 1999 punitive damage award to the state in a lawsuit brought by a deceased smoker's family, Oregon's attorney general said Tuesday.

After more than a decade of appeals, the Oregon Supreme Court in December held up Oregon's share of the $79.5 million that a jury awarded to the family of a Portland smoker who died from cancer. On Friday, the court turned down the tobacco giant's request that it reconsider its decision, according to Oregon Attorney General John Kroger.

Philip Morris attorneys told the state Tuesday that the company would end its long-fought battle and shell out the remainder of the punitive damage award and pay interest.

"This was a historic win for the Department of Justice and for Oregon," Kroger said in a statement.

Steve Callahan, a spokesman for Altria Group Inc. — which owns Philip Morris — said the payment would end a 14-year-old dispute that has gone before the U.S. Supreme Court three times.

Under Oregon law, 60 percent of punitive damage awards go to the state's crime victims' compensation fund. While some of the $56 million won from Philip Morris will fund crime victims programs, a majority of it will go to ease the state's budget deficit, according to Kroger.

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Lake Oswego woman dies in apartment fire | OregonLive.com 

A 43-year-old Lake Oswego woman was found dead Saturday, apparently killed by a fire in her apartment kitchen.

Sarah Kathryn Lamoureux, who lived in The Oswegan apartments, 199 E Ave., was found by her mother, who called authorities shortly after noon. . . .

Zoutendijk said a preliminary investigation indicates Lamoureux was smoking a cigarette at her kitchen table when her clothing caught on fire. She then apparently went to the sink to put out the flames.

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• Philip Morris agrees to pay Oregon $56 million in punitive damages in Jesse Williams' death  

Tobacco company Philip Morris has agreed to pay $56 million in punitive damages and interest to the state of Oregon, finally ending a 14-year battle over damages in the death of a Portland smoker.

An attorney for Philip Morris called the Oregon Department of Justice Tuesday, saying the company was giving up its fight after the Oregon Supreme Court refused to reconsider.

In December, the court ruled that Oregon was entitled to collect punitive damages in the death of retired school custodian Jesse D. Williams, 67, who smoked as many as three packs of Marlboros a day and died of lung cancer in 1997. A Multnomah County jury had awarded $79.5 million in punitive damages in the case -- and by Oregon law, 60 percent of that award was to go to Oregon and the rest was to go to Williams' estate. With interest and because of an agreement with Williams' estate, the state's share of the money today amounts to $56 million.

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• Attorney General: Philip Morris to pay Oregon $56 million 

The Oregon attorney general says Philip Morris USA Inc., has agreed to pay $56 million to a state crime victims fund after more than a decade fighting punitive damages awarded to the family of a Portland smoker who died of cancer.

The decision follows an Oregon Supreme Court ruling in December that rejected the tobacco giant's challenge to a portion of the punitive damages from a 1999 case.

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Philip Morris Ordered to Pay Oregon over $47 Million  

In reaching its decision, the Oregon Supreme Court held that “the state’s statutory right to a share of punitive damages is not a ‘released claim,’ as that term is defined in the [MSA], and therefore, the state did not release its right to pursue payment of its statutory interest in 60 percent of the Williams punitive damages award when it [signed the MSA].” The MSA releases claims “directly or indirectly based on, arising out of or in any way related” to certain specified tobacco-related conduct. In the court’s view, the state’s interest in the punitive damages award did not arise out of any direct participation in the Williams case but, instead, by operation of Oregon law. Therefore, any claim to the money made by the state would be to enforce a statute, not to recover damages for Philip Morris’s tobacco-related conduct. In short, according to the court, the state’s right “to the statutory share is not, even indirectly, related to or dependent on the tobacco-related conduct that is described in the MSA.”

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Promoting Smoke-free Environments and Tobacco Cessation in Residential Treatment Facilities for Mental Health and Substance Addictions, Oregon, 2010 [FREE FULL TEXT] 

Discussion

Thirty-five percent of Oregon adults who report "depression, anxiety, or emotional problems" smoke (4) compared with 16% overall (5); national rates among people with serious mental illness or addictions are higher (1,2). Adults with mental illness attempt to quit smoking at rates similar to others, but are less successful (6). Effective treatments for these populations are available (7), but concerns about interference with addiction treatment or exacerbation of psychiatric symptoms (8) have inhibited mental health and substance addiction facilities from offering cessation services to patients.

This assessment showed that few residential treatment facilities for mental health and substance addiction voluntarily implemented 100% smoke-free campuses, and only half mandated the integration of smoking cessation into discharge planning. However, fewer than 10% of administrators objected to these future tobacco policies, and about equal numbers welcomed such statewide policy changes.

Smoke-free campus and cessation policies can help residents quit smoking long-term (9). State-level policies, coupled with provider education and access to cessation supports, may be the necessary impetus for facilities to adopt evidence-based practices that can reduce illnesses and deaths among these patient populations.

Our study had several limitations. Although assured confidentiality, facility administrators may have overstated the presence of smoke-free policies. Also, strong written policies are not always demonstrated in daily practice; these data should not be assumed to reflect enforcement, compliance, or nonadministrative staff support.

There is a growing recognition that integration of tobacco cessation into mental health and substance addiction treatment is both urgently needed and possible (10). States can play a key role in ensuring that widespread policies addressing these tobacco-related disparities among people with mental health and substance addictions are adopted, implemented, and enforced.

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Southeast Portland man burned after smoking a cigarette while using oxygen machine  

A Southeast Portland man suffered burns to his face, nose and lungs after his oxygen machine caught fire tonight when he tried to smoke a cigarette. . . .

The unidentified man told firefighters he was smoking just before the fire started, Corah said. . . .

Earlier this month, a 70-year-old woman died at her Southeast Portland home in a similar incident. The woman was burned on her face and fingers, and firefighters found what appeared to be remains of a cigarette and melted oxygen tubing.

Officials reminded those who use supplemental oxygen or live with someone who does not to smoke around the equipment. "Doing so puts you and others in considerable danger," said Deputy Chief Duane Bray.

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