Jump to full article: No More Tobacco Taxes (The Tobacco Barn blog), 2009-07-31
Intro: Well, so this isn’t strictly a story about taxes but the ongoing rush to condemn our favorite past time (as brothers of the leaf) is just ludicrous! Share this with anyone you know in New York and see if we can’t stop the insanity! What follows is a letter to the NYC City Council from the National Association of Tobacco Outlets (NATO):
July 24, 2009
Proposed Flavored Cigarette Ban Superceded by New FDA Law;
Extrapolations of Studies and State Laws Do Not Support Flavored Tobacco Ban
New York City Council Members
New York City Council
City Hall, Room 5
New York, NY 10007
Dear Council Member:
The National Association of Tobacco Outlets (“NATO”) strongly opposes Proposed Introduction No. 433A that seeks to ban the sale of flavored cigarettes, flavored cigars, flavored chewing tobacco and other flavored tobacco products. While you may already have an opinion about tobacco products, I urge you to read this letter to fully understand how studies and other state statutes have been extrapolated in an illogical manner in a vain attempt to support adoption of this ban on flavored tobacco products. . . .
In short, the report issued by the Committee on Health cannot and should not be relied upon from a legal or factual standpoint to support the passage of Proposed Introduction No. 433-A. All of the studies cited in the report are from anti-tobacco organizations or government health agencies that by any definition are not impartial or unbiased. To exacerbate this lack of scientific impartiality, the report takes far too many liberties with the factual basis of these studies and state laws to have any legal credibility. This lack of integrity found within the report will lay the groundwork for possible legal action to enjoin the administration and enforcement of the proposed regulation if it is passed into law.
For the New York City Council to adopt Proposed Introduction No. 433-A based in whole or in part on the extrapolations and inaccuracies in the Committee on Health report is an example of inappropriate public policymaking. While NATO and its members have always supported the goal of preventing underage youth tobacco use, the extraneous nature of the Committee on Health report calls into serious question whether the regulation is even necessary.
With the new FDA tobacco regulations banning flavored cigarettes across the country and the lack of credible empirical support for a ban on all other flavored tobacco products, I urge you to not proceed with a final vote on Proposed Introduction No. 433-A.
Sincerely yours,
Thomas A. Briant
NATO Executive Director and Legal Counsel
Jump to full article » |