http://www.tobacco.org/newsfeed/category/addiction.rss Latest top tobacco news headlines en-us https://ecf.njd.uscourts.gov/cgi-bin/show_temp.pl?file=pdf60041559131354&type=application/pdf http://tobacco.org/news/265077.html I. BACKGROUND Pro se plaintiff James Hemphill (“Plaintiff”) was a prisoner at the Adult Diagnostic and Treatment Center (“ADTC”) in Avenel, New Jersey. Plaintiff alleges that, as a result of the chemicals added to Moving Defendants’ tobacco products that “make smokers addicted to the cigarettes,” he was “forced to suffer from the secondhand smoke that is produce[d] from there [sic] product.” (Id. at 8-11.) Plaintiff contends that “the only persons who benefit[] from the tobacco is [sic] the smoker[,] who is able to satisfy his addiction[,] and the tobacco manufacturer[,] who makes a profit from the sale, at the cost of my health and possibly future damage to my health.” (Id.) To describe his injuries, Plaintiff states that he has experienced “continued stomach problems through [a]cid [r]eflux [d]isease which is worsened from constant inhaling of second hand [sic] smoke, while incarcerated within this [i]nstitution Plaintiff identifies “M. Bernstein & Sons Newark Tobacco & Candy Co.” as the “[s]ole tobacco vender to the state prisons.” (Id.) According to Plaintiff, M. Bernstein & Sons “[s]ells the tobacco products to the state institutional facilities for a profit and has no concern about the deadly health risk associated from secondhand smoke to non[-]smokers.” . . . A. Plaintiff’s § 1983 Claim Fails Because Tobacco Companies are Not State Actors In order to state a cause of action under Section 1983, a plaintiff must allege the violation of a right secured by the Constitution or laws of the United States, which was committed or caused by a person acting under color of state law. Even if Plaintiff had intended to allege that Moving Devendants provide their tobacco products for sale at ADTC, a “private firm does not become a state actor by selling its products to the government.” Several courts have held that tobacco manufacturers are private entities, and that the mere sale of their products in state penal institutions does not transform them into state actors acting under the color of state law. Plaintiff’s Section 1983 claim against Moving Defendants must be dismissed. B. The New Jersey Smoke Free Act Does Not Create a Private Right of Action The NJSFA prohibits smoking in indoor public places and workplaces, with limited exceptions. See N.J. STAT. ANN. § 26:3D-58. However, the NJSFA provides no private right of action to plaintiffs aggrieved by a violation of its terms. N.J. STAT. ANN. § 26:3D-62(e) (“[T]here shall be no private right of action against a party for failure to comply with the provisions of this act.”). As a matter of law, Plaintiff cannot articulate a viable claim against Moving Defendants under the NJSFA. U.S. Courts ECF Tue, 06 May 2008 04:00:00 GMT https://ecf.njd.uscourts.gov/cgi-bin/DktRpt.pl?772612336655342-L_567_0-1 http://tobacco.org/news/265076.html 05/07/2008 74 OPINION. Signed by Judge Joseph A. Greenaway, Jr. on 5/6/08. (dc, ) (Entered: 05/07/2008) 05/07/2008 75 ORDER granting 56 Motion to Dismiss; granting 58 Motion to Dismiss; granting 61 Motion to Dismiss; granting 62 Motion to Dismiss; granting 63 Motion to Dismiss. Signed by Judge Joseph A. Greenaway, Jr. on 5/6/08. (dc, ) (Entered: 05/07/2008) U.S. Courts ECF Sun, 11 May 2008 04:00:00 GMT http://dockets.justia.com/docket/court-njdce/case_no-2:2007cv02162/case_id-202286/ http://tobacco.org/news/265075.html Filed: May 7, 2007 . . . May 10, 2007 3 Court Opinion or Order OPINION filed Signed by Judge Joseph A. Greenaway, Jr. on 5/7/07. (cs, ) Justia Thu, 10 May 2007 04:00:00 GMT http://dockets.justia.com/docket/court-njdce/case_no-2:2007cv00424/case_id-198673/ http://tobacco.org/news/265074.html January 24, 2007 3 Court Opinion or Order ORDER denying pltfs' motion to proceed as a class action; that pltfs' appl. for appointment of counsel is denied w/out prejudice, as premature; that pltfs. James Hemphill; Efraim Esquilin; Christopher Mark; William Weiss; Christos Papachris tos; Louis George Johnston, Jr.; Tymil Mason; Claude Franklikn; Peter Braun; Oliver Mason; Toboris Wright; Ronald Young; and Allan Lovenson are dismissed from civ. 06-5033; that the Clerk of the Court shall open a new case for each of the dismissed p ltfs. w/the complaint from each of the newly-opened cases to the same judge who is assigned to civ. 06-5033; that the Clerk shall enter the Opinion and Order in civ. 06-5033 on the docket in each of the newly-opened cases; and each of the dismissed pltfs. may indicate his intent to proceed with his claims by filing an amended complaint asserting his individual claims under his newly-assigned docket number, etc.. Signed by Judge Stanley R. Chesler on 1/24/2007. (mn, Justia Wed, 24 Jan 2007 05:00:00 GMT http://news.theage.com.au/dope-smokers-get-addicted-to-cigs-study/20080501-29xk.html http://tobacco.org/news/264439.html Cannabis use is to blame for higher rates of cigarette addiction in alternative lifestyle communities, Australian research shows. A study of young men living on the NSW north coast suggests that high rates of dope smoking are responsible for high rates of tobacco use, and not vice-versa as was previously thought. In what researchers have dubbed the "reverse gateway" process, it is claimed many young men become dependent on tobacco because they mix it with cannabis. "Subsequently, long-term cannabis users find it difficult to quit smoking tobacco because of the reinforcing influence of their cannabis use," said Eric van Beurden, of the North Coast Area Health Service. AAP Australia Thu, 01 May 2008 04:00:00 GMT http://www.annals-general-psychiatry.com/content/7/S1/S340 http://tobacco.org/news/263568.html Of those who reported smoking as “just a habit”, 30,7 % (23 of 75) scored > 6 on the FTND subscale. Scores FTND>6 indicate “Nicotine Dependance”. There were significant differences on demographic subscales between those presenting with or without nicotine addiction (i.e age, years of smoking and family conditions). Conclusions An extrapolation of our results to encompass all physicians in Greece would be reasonable, since physicians are a rather homogeneous group in this country. Our results are especially alarming because anti-smoking campaigns are usually more successful in doctors than in the general population. References Annals of General Psychiatry Greece Thu, 17 Apr 2008 04:00:00 GMT http://www.nih.gov/news/health/apr2008/nida-02.htm http://tobacco.org/news/263390.html Scientists have identified a genetic variant that not only makes smokers more susceptible to nicotine addiction but also increases their risk of developing two smoking-related diseases, lung cancer and peripheral arterial disease. The research was supported by the National Institute on Drug Abuse (NIDA), part of the National Institutes of Health (NIH). The study, published in the April 3 issue of the journal Nature, "highlights the advances that are being made in genetics research, which can now identify gene variants that increase the risk of complex bio-behavioral disorders," says NIH Director Dr. Elias Zerhouni. "This finding will help us in our efforts to further reduce the scope and devastating consequences of cigarette smoking." National Institutes of Health media@nida.nih.gov Wed, 02 Apr 2008 04:00:00 GMT http://www.eurekalert.org/pub_releases/2008-04/uotm-gvr033108.php http://tobacco.org/news/262930.html Two common inherited genetic variations are associated with increased risk of lung cancer for smokers and former smokers, a research team led by scientists at The University of Texas M. D. Anderson Cancer Center reports April 2 in the online edition of Nature Genetics. "This is the first study to identify a common genetic variant that influences the risk for developing lung cancer," said lead author Chris Amos, Ph.D., professor in M. D. Anderson's Department of Epidemiology. The variants are present in about half of the Caucasian population studied. The paper is one of three published by Nature this week from three unique teams that have identified the same genetic locus as associated with increased lung cancer risk. The findings are a major step forward in identifying those at high risk for non-small cell lung cancer and for understanding how smoking and genetic factors interact to cause the disease. EurekAlert smerville@mdanderson.org Wed, 02 Apr 2008 04:00:00 GMT http://www.westwoodone.com/pg/jsp/osgood/transcript.jsp?pid=21538 http://tobacco.org/news/262821.html "What this finding means is that some individuals --- who are unfortunately at higher risk for getting lung cancer if they carry the genetic factor --- also may find it more difficult to quit." The gene variations in these new studies could help explain some of the anomalies we all know about: 90-year-old smokers who don't get cancer, for example ... and why some people get hooked on nicotine and some don't. All of these new studies link the variations on Chromosome 15 to lung cancer, says CBS News Medical Correspondent Dr. Emily Senay ... but they disagree as to how it works. The Osgood File Thu, 03 Apr 2008 04:00:00 GMT http://www.ncbi.nlm.nih.gov/pubmed/18344177?ordinalpos=48&itool=EntrezSystem2.PEntrez.Pubmed.Pubmed_ResultsPanel.Pubmed_RVBrief http://tobacco.org/news/262811.html The questions of whether and how indiscriminate drug-related stimuli could influence drug-users are important to our understanding of addictive behavior, but the answers are still inconclusive. In the present preliminary functional magnetic resonance imaging study using a backward masking paradigm, the effect of indiscriminate smoking-related stimuli on 10 smokers and 10 nonsmokers was examined. The BOLD response showed a significant reduction (P = 0.001) in the right amygdala of smokers when they viewed but did not perceive masked smoking-related stimuli, while no significant differences were found in the nonsmoker group. . . . The BOLD response in drug-users indicates the amygdala responds to drug-related stimuli that are below the perceptual threshold. The functional connectivity data suggest a functional interaction between the amygdala and the anterior cingulate cortex when drug users view 33ms back-masked drug-related stimuli. This observation suggests that the amygdala plays an important role in the indiscriminate drug-related cue process. National Center for Biotechnology Information China Fri, 14 Mar 2008 04:00:00 GMT http://www.ncbi.nlm.nih.gov/pubmed/18342164?ordinalpos=2&itool=EntrezSystem2.PEntrez.Pubmed.Pubmed_ResultsPanel.Pubmed_RVBrief http://tobacco.org/news/262808.html Molecular biology studies suggest that the alpha(4)beta(2) nicotinic acetylcholine receptor subtype is the main receptor mediating nicotine dependence. Nicotine acts on these brain nicotinic cholinergic receptors to facilitate neurotransmitter release (dopamine and others), producing pleasure, stimulation, and mood modulation. Neuroadaptation develops with repeated exposure to nicotine, resulting in tolerance to many of the effects of nicotine. When a smoker stops smoking, a nicotine withdrawal syndrome ensues, characterized by irritability, anxiety, increased eating, dysphoria, and hedonic dysregulation, among other symptoms. . . . Pharmacotherapies to aid smoking cessation should ideally reduce nicotine withdrawal symptoms and block the reinforcing effects of nicotine obtained from smoking without causing excessive adverse effects. Further, given the important role of sensory effects of smoking and psychoactive effects of nicotine, counseling and behavioral therapies are important adjuncts to and substantially augment the benefits of pharmacotherapy. National Center for Biotechnology Information nbenowitz@medsfgh.ucsf.edu (Benowitz NL.) Tue, 08 Apr 2008 04:00:00 GMT http://news.postbulletin.com/newsmanager/templates/localnews_story.asp?a=336241&z=7 http://tobacco.org/news/262718.html Attorney Susan Lessack said litigation is increasingly being brought against companies for "lifestyle" regulations, which target smokers, overweight individuals -- even extreme sports enthusiasts. "Employers are paying attention to high risk activities because it affects health insurance claims and costs," Lessack said. "While bans on smoking and other activities are becoming a trend, they are usually violating state privacy statutes." The Americans with Disabilities Act protects employees from discrimination for physical impairments, which some have argued can include obesity and addiction to nicotine. AP Sat, 05 Apr 2008 04:00:00 GMT http://www.pr-inside.com/double-whammy-gene-could-help-reduce-smoking-but-three-studies-emphasize-it-s-much-better-not-to-start-r516772.htm http://tobacco.org/news/262632.html "These studies provide even stronger proof that nicotine is a drug which causes physiological addiction in the same way as heroin or cocaine, and that the addiction can be even stronger than with these and other illegal drugs. The fact that some 60% of the population has at least one copy of this double whammy gene is consistent with the view that nicotine in addictive to over 60% of the population, but not to everyone," says Professor John Banzhaf of ASH. These studies may one day open the door to more effective smoking cessation programs, which today have an abysmal success rate. On the other hand, since quitting involves overcoming both a physiological addiction to nicotine and a psychological habituation to using cigarettes in many every-day stressful-and-otherwise situations, even major improvements in the addictive component will have only a limited impact, says Banzhaf, noting that smokers who are given nicotine replacement therapy in the form of gums and pills still have major problems giving up smoking. PR Insider Wed, 02 Apr 2008 04:00:00 GMT http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aIpWRN8esbDk http://tobacco.org/news/262531.html Genetic changes may determine which smokers get hooked, smoke more than others and are most likely to develop lung cancer, scientists said today. The variations in genes that control the body's response to nicotine, an addictive chemical in tobacco, raise the risk of lung cancer and blood-vessel disease, according to three studies published today by the journals Nature and Nature Genetics. Researchers from DeCode Genetics Inc. and laboratories around the world found the risk-linked changes in a stretch of DNA containing genetic instructions for making proteins, called receptors, that respond to nicotine. Determining how the cancer- associated variant differs from lower-risk versions will throw much-needed light on prevention, said Norman Edelman, chief medical officer of the American Lung Association. Bloomberg News jlauerman@bloomberg.net (John Lauerman) Wed, 02 Apr 2008 04:00:00 GMT http://online.wsj.com/article/SB120714049862783223.html?mod=googlenews_wsj http://tobacco.org/news/262530.html A trio of papers published Wednesday identifies for the first time a specific genetic variation linked to increased risk of lung cancer, but the studies disagree about whether the risk is elevated because the gene variant increases smoking behavior or addiction to nicotine. The studies, conducted by three independent research groups and published in the journals Nature and Nature Genetics, all found that increased lung-cancer risk was associated with a gene variant on chromosome 15. The variant increased the risk by as much as 80% among smokers who had two copies of the variation and by about 30% if they had one copy. However, smoking far outweighs a genetic predisposition in developing lung cancer, say the researchers. The Wall Street Journal Interactive Edition Thu, 03 Apr 2008 04:00:00 GMT