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Third Circuit Rules for State Farm in Juvenile Smoking Policy Lawsuit 

A class action over clauses in insurance contracts concerning youth smoking appears to be extinguished. In an unpublished decision, the U.S. Court of Appeals for the Third Circuit has upheld the dismissal of claims against State Farm Insurance Company brought by a plaintiff who sued because the company didn't differentiate between smokers and non-smokers when calculating policy premiums for her children.

In 2002, Samuel Doctor, now deceased, bought life insurance policies for his sons (Samuel, who was 16, and Nathan, who was 10) for face amounts of $15,000 each. The standardized application forms, which State Farm uses for both adult and juvenile applicants, asked Doctor whether each child smoked or used tobacco products. He designated both children to be nonsmokers/non-tobacco users. According to court documents, State Farm has offered tobacco-distinct premiums for adults, but has never offered tobacco-distinct premiums for insureds age 20 and under. Rather, it offers an aggregate juvenile premium rate that takes into account the mortality experience of all juveniles (both those who use tobacco and those who do not). . . .

Other, similar youth smoking suits have bounced around in other jurisdictions without much success. The Pennsylvania suit was seen as the most promising for plaintiffs lawyers.

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Secondhand Smoke in Pennsylvania Casinos: A Study of Nonsmokers’ Exposure, Dose, and Risk (PDF) 

Mining is described as the most dangerous industry.34 Sixteen Pennsylvania miners died in 15 disasters from 1995 to 2002, a rate of 1.2 deaths per10000 mine workers per year.34 The estimated rate of worker deaths per year from SHS is about 5 times the average annual death rate for Pennsylvania miners in coal mine disasters.

By the workplace standards of the US ½Q22 Occupational Safety and Health Administration ½Q20 (OSHA), which employs a 45-year average time period, casino workers’ risk from SHS-induced lung cancer and heart disease combined is 26 times the level indicating significant risk of material impairment.30

Pennsylvania’s new clean indoor air law permits smoking in 25% to 50% of casino floors. Confining smokers to a smaller area will increase the local smoker density in the smoking area and not protect nonsmoking areas from drifting or recirculated tobacco smoke. . . .

Conclusions

Despite ventilation rates per occupant 50% higher on average than those formerly recommended by ventilation engineers for smoking-permissible casinos, the average RSP concentration measured inside 3 Pennsylvania casinos in which smoking was permitted averaged 6 times that of outdoor levels; PPAH concentrations averaged 4 times outdoor levels, exposing both workers and patrons to harmful levels of air pollution. In the only casino with a separate nonsmoking floor, considerable amounts of RSPs and PPAHs infiltrated the nonsmoking salon. Based on measured RSP levels, SHS odor and irritation thresholds were massively exceeded in smoking areas and considerably exceeded in 1 nonsmoking salon. Using default values, the Active Smoker Model predicted combined RSP observations to within 14%.

Based on cotinine-derived RSP levels, SHS in Pennsylvania casinos produces an estimated excess mortality of approximately 6 deaths per year per 10000 workers at risk, 5 times the rate at which Pennsylvania coal miners have died in mining disasters and 26 times OSHA’s significant risk level. Nonsmoking workers or patrons exposed to casino SHS at the observed level of occupancy for 8 hours would experience ‘‘unhealthy air’’ according to the US Air Quality Index and, at maximum occupancy or exposure duration, ‘‘very unhealthy’’ air. Cotinine- derived PPAHs from SHS increases workers’ 24-hour exposure to PPAHs by an estimated 6-fold over measured outdoor background levels.

Further research is needed to generalize exposures observed in this study to the casino industry as a whole. It is clear, however, that Pennsylvania casino workers and patrons are put at significant excess risk of heart disease and lung cancer from SHS through a failure to include casinos in the state’s smoke-free-workplace law.

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• Secondhand Smoke Threatens Casino Workers’ Health  

New research suggests that casino workers face a higher risk of heart disease and lung cancer because they work in buildings filled with tobacco smoke.

By one scientist’s calculation, six of every 10,000 nonsmoking casino employees in Pennsylvania will die each year because of exposure to secondhand smoke.

The estimate does not rely on the tracking of individual casino workers over time, nor does it compare them to workers who have not had smoke exposure. Still, the findings suggest a significant risk to the health of the workers, said study author James Repace, a Washington D.C.-area consultant who studies the effects of secondhand smoke.

Casino workers “are really the most exposed group in society now,” Repace said. “The only other group that’s exposed so much is bartenders,” but many states have banned smoking in bars and restaurants.

The Flight Attendant Medical Research Institute — which has studied the risk of secondhand smoke to flight attendants when airlines allowed smoking — funded the study. The casino findings appear online and in the August issue of the American Journal of Public Health.

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Man who drove front-end loader into Forks Township home blames smoking-cessation drug Chantix 

A Forks Township man blamed the smoking-cessation drug Chantix for leading him to smash a Bobcat front-end loader into his patio.

Charles L. Brinker, of the 1000 block of Frost Hollow Road, said he was quitting smoking and taking the drug, which has side effects ranging from nausea to suicidal thoughts and depression.

"I believe that had a lot to do with it ... I'm not a doctor or anything," Brinker said today in Northampton County Court.

Brinker threatened to tear down his home while his wife, Diane Brinker, and three others were inside, according to court papers.

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State targeting region's pregnant smokers 

Cancel's success is not hers alone. She's one of many pregnant women helped by state health officials. The reason for all the attention comes down to some troubling statistics: Across Pennsylvania, 18 percent of pregnant women continue to smoke before their baby is born -- and here in northwest Pennsylvania, that number skyrockets to 28 percent.

While that number may be worrisome to anyone who suspects that smoking and pregnancy should not mix, to health officials the staggering local statistic demands they take action. . . .

Among those most devoted to the cause is Shannon Eckels of St. Marys, the region's tobacco control coordinator for the Department of Health. "We're not quite sure why our numbers here are so high," she says. "But I think a lot of it is because we're very rural and have higher poverty levels. In lower socio-economic sectors, you tend to see higher tobacco use.

"Basically, we've got to raise awareness. A lot of (pregnant women) don't realize how harmful this is (to their unborn baby). We have to give them the power they need to quit and then provide some resources along the way."

For young moms who probably wanted to quit smoking anyway, those resources add to the incentive to give it a shot. The list is impressive:

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Commissioners approve smoking ban 

Although it still heard opposition from members of the community, the Upper Moreland Township Parks and Recreation Committee decided to move forward with a partial smoking ban at its meeting Monday.

Certain designated areas in Masons Mill, Pileggi, Woodlawn, Fern Village, Terwood, North Willow Grove, Veterans Memorial and Fair Oaks parks will have designated smoking areas, the proposed ordinance said.

The smoking areas would be decided by the director of parks and recreation and is limited to the aforementioned parks because they offer scheduled recreational activities.

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VIDEO: Campaign Aims To Get Expectant Moms To Stop Smoking 

The Pennsylvania Department of Health and the Northwestern Pennsylvania Tobacco Control Program are launching a new smoking cessation campaign targeting expectant mothers who smoke.

According to state health officials, more than 25 percent of pregnant women in northwestern Pennsylvania smoke cigarettes. The new pilot program from the state health department aims to change that statistic.

Video:Watch Amber Nicotra's Report

"It's very difficult. Many of the women who are smoking during pregnancy have multiple other psychosocial problems, maybe concerning where rent is coming from," said Cindy Thomas, of Tobacco Free Allegheny.

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State Launches New Campaign to Help Pregnant Smokers Go Tobacco-Free 

In an effort to educate pregnant smokers about the harms of tobacco use on their unborn babies, the Pennsylvania Department of Health and the Northwestern Pennsylvania (NWPA) Tobacco Control Program are launching a new smoking cessation campaign to target the 28 percent of pregnant women who smoke in that region of the state.

"More than one-quarter of expectant mothers in Northwestern Pennsylvania smoke cigarettes," said state Secretary of Health Everette James. "There are serious harms to both mother and child that can occur from tobacco use. We also understand that quitting takes practice. This campaign is geared to provide the necessary support and resources expectant mothers need to help them be successful in their quit attempts -- giving their unborn babies the best chance possible for a healthy start to life. The goal of this program is not only to help these women go tobacco free during pregnancy but for their entire life."

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Pennsylvania Department of Health Applauds New Federal Anti-Tobacco Law 

The Pennsylvania Department of Health today commended President Barack Obama for signing the Family Smoking Prevention and Tobacco Control Act, which gives the Federal Drug Administration, or FDA, the authority to regulate tobacco.

"This is a great day for the health of all Americans," said Secretary of Health Everette James. . . .

Tobacco use remains the leading cause of preventable death. According to a recent study, approximately 20,000 Pennsylvania adults die annually from smoking-related causes and the health care costs associated with smoking-related illnesses are staggering. According to the Campaign for Tobacco-Free Kids, annual healthcare costs directly caused by smoking amount to $5.19 billion for Pennsylvania annually.

Currently, nearly 21 percent of adults in Pennsylvania smoke. In addition, 18 percent of Pennsylvania's high school students smoke, while 18,400 kids under the age of 18 become new, daily smokers in Pennsylvania every year.

The average smoker makes between five and eight quit attempts before being successful, and those who have support are more likely to succeed. For information about the state's cessation resources, call Pennsylvania's Free Quitline, available 24 hours a day, at 1-800-QUIT-NOW (1-800-784-8669), or visit www.determinedtoquit.com. A Spanish-language version of the site is at www.estoydecidido.com.

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Commissioners approve smoking ban  

Although it still heard opposition from members of the community, the Upper Moreland Township Parks and Recreation Committee decided to move forward with a partial smoking ban at its meeting Monday.

Certain designated areas in Masons Mill, Pileggi, Woodlawn, Fern Village, Terwood, North Willow Grove, Veterans Memorial and Fair Oaks parks will have designated smoking areas, the proposed ordinance said.

The smoking areas would be decided by the director of parks and recreation and is limited to the aforementioned parks because they offer scheduled recreational activities.

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City Councilman Proposes Ban of Smokeless Tobacco 

Three years after banning smoking in Philadelphia, city council will now look at the related question of whether to ban smokeless tobacco.

City councilman Jim Kenney is proposing an outright ban in Philadelphia on all smokeless tobaccos, including snuff, chewing tobacco and dipping tobacco:

"With the popularity of baseball and a lot of other sports, our kids are putting this stuff in their cheeks, and creating a lot of the same problems if they were smoking cigarettes, and additional problems relative to their gum and teeth health."

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Family Services going ‘Warm Chicken’ to help smokers give up the habit for good 

Ready to Quit Smoking? Family Services is Here to Help!

With the first half of 2009 behind us, are you staying true to your New Year's resolutions? Remember the promise you made to yourself and your family to finally quit smoking this year? If you've tried to quit before and failed, this could be your year to succeed! All you may need is a little encouragement and support. If you are ready to finally quit smoking once and for all, Family Services is here to help!

Family Services is now offering a free smoking cessation program to Montgomery County residents. The Warm Chicken Smoking Cessation Program is a free, eight-session individually focused program that is based on tapering cigarettes rather than a sudden halt or a "cold turkey" approach to quitting smoking.

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Pittsburgh restaurateur converts Downtown space into cigar bar  

Robin Fernandez is turning over some new leaves into fine cigars.

The Downtown Pittsburgh restaurateur has converted a former restaurant space he occupied on Penn Avenue into the Long Ash Club, a cigar and wine bar that operates out of the same location as the former Mia Cucina, which closed at the beginning of 2009.

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Mention of smoking ban fires up golfers  

In some parts of the U.S., including Los Angeles, San Francisco, San Diego, Hawaii County, Minneapolis and Abilene, Texas, there are ordinances that prevent golfers from enjoying a smoke while on the course.

Earlier this year, park and recreation officials in Spokane, Wash., attempted to put a smoking ban on its four municipal golf courses, but an outcry from citizens forced the parks board to stay the decision. . . .

At last year's U.S. Open at Torrey Pines in San Diego, the pro golfers were the only people permitted to smoke. San Diego has a no-smoking ordinance in place at parks, beaches and public golf courses.

Pennsylvania smokers need not worry ... for now. The state does have a no-smoking rule in most places, but there are no such bans at golf courses.

"Nobody has mentioned it at our course, but I can't see us ever going to a ban on the course," said Ken Waldron, owner of Buffalo Golf Course in Freeport. "We don't allow smoking in our clubhouse, but do allow it on our porches and on the course."

The smoking ban at the South Park and North Park golf courses in Allegheny County only pertains to the inside of buildings.

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Board at odds over smoking ban 

Last month it seemed as though the township’s parks and recreation committee was leaning toward a total smoking ban in township parks, but now it seems as though the Upper Moreland commissioners have had a change of heart.

“Last time we talked about this the only feedback I had received was for a total ban,” Commissioner Kevin Spearing said at a meeting May 26. “But now, after hearing from more people, I think smoking should be allowed in designated areas of the parks.”

The ban, first addressed by the township’s parks and recreation advisory council several months ago, hopes to cut down on litter, reduce health hazards and promote a healthier image. The township is not the first to look into a smoking ban. Upper Dublin Township already has one in place.

Hoping to act in the community’s best interest, Commissioner Lisa Romaniello conducted a survey and out of 29 responses, 17 were in favor of no ban or a partial ban. Twelve supported a total ban.

“Those who are tolerant of smokers is a greater number than those who are not,” she said. “I think we need to consider that.”

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