Tobacco Articles: category settlements

EDITORIAL: Doctor visit: Lawmaker takes aim at tribal lawsuit : State Rep. Doug Cox isn't happy with the Muscogee (Creek) Nation -- as a lawmaker or as a physician.

jduncan@newsok.com (The Oklahoman Editorial ) — Mon, 08 Feb 2010 05:00:00 GMT

Cox, R-Grove, says Principal Chief A.D. Ellis "should be ashamed for pursuing policies that allow the Creek Nation to skirt the regulations of Senate Bill 608." Smoking only exacerbates high blood pressure and diabetes, two conditions frequently seen among American Indians, Cox said. And inexpensive tribal cigarettes contribute to young people taking up the habit. "The Muscogee Creek Nation's continued desire to offer cheap, low-tax cigarettes is counterproductive to the health of all Oklahomans, particularly Native Americans," Cox said. "Chief Ellis should use tribal resources for education, housing and health care policies rather than attorney fees in attempting to continue his harmful policies." The criticism is on target but carries added weight for this reason: Cox himself is of Creek heritage.

JAMES STEWART et al. v. ROLLING STONE LLC et al. (PDF)

Thu, 28 Jan 2010 05:00:00 GMT

Defendants are the publishers of Rolling Stone magazine. The named plaintiffs in this class action lawsuit are •indie rock• musicians whose band names are included with the names of over 100 other bands in an editorial feature entitled •Indie Rock Universe• ? (the Feature) that appeared in the November 15, 2007 issue of Rolling Stone . . . The opposite page, on the magazine‘s left-hand side, contains a full-page advertisement for Camel cigarettes. . . . In closing, we appreciate that the placement of the Feature within the gatefold layout may have caused plaintiffs some distress, insofar as their bands‘ names appeared in such close proximity to R.J. Reynold‘s expressions of corporate sponsorship for independent music. Doubtless, Dustin Hoffman experienced similar distress upon seeing ? the image that was the subject of his lawsuit against Los Angeles magazine. Because plaintiffs have not demonstrated that defendants acted with actual malice, however, constitutional principles of freedom of speech and the press require this lawsuit be dismissed.

RJR's innovation draws interest of FDA: FDA asks R.J. Reynolds for data about new smokeless products

rcraver@wsjournal.com (Richard Craver * Journal Reporter) — Sun, 07 Feb 2010 05:00:00 GMT

The evolution of R.J. Reynolds Tobacco Co. may be shaped in large part by how well it can live down -- and learn from -- its past. Reynolds received another clear example of that reality last week when the Food and Drug Administration requested research on the company's three innovative dissolvable smokeless products -- Camel Orbs, Camel Sticks and Camel Strips -- and others being considered. The Tobacco Products Scientific Advisory Committee was formed as part of the FDA taking on oversight of the tobacco industry last year. . . . The FDA acknowledges that Reynolds is marketing the products to adult consumers. "The center is concerned that children and adolescents may find dissolvable tobacco products particularly appealing, given the brightly colored packaging, candy-like appearance and easily concealable size of many of these products," Dr. Lawrence Deyton, the director of the FDA's Center for Tobacco Products, wrote in a letter. . . . Bill Godshall, the executive director of SmokeFree Pennsylvania, said he welcomes "open-minded" research that determines whether smokeless-tobacco products and electronic cigarettes are less-harmful options. What he doesn't like, he said, is politicians and anti-tobacco advocates "grandstanding" with accusations of Reynolds "target marketing candy tobacco to children without providing any evidence to back up their theatrical allegations." "If the allegations were true, it would mean that Reynolds was in violation of the Master Settlement Agreement and/or state laws that prohibit tobacco sales to minors," Godshall said.

Miss. governor cuts another $21M from state budget

Fri, 05 Feb 2010 05:00:00 GMT

Mississippi Gov. Haley Barbour on Friday cut another $21 million from what started as a nearly $6 billion state budget. It was the fourth round of spending cuts he has made since the fiscal year started July 1, and the total reductions now stand at $458.5 million. . . . The chamber reversed itself on an earlier version of the bill, passed Thursday, that would have given $45 million to public education. Both proposals called for tapping the health care trust fund, where annual payments from the state's tobacco lawsuit settlement are deposited. The new plan calls for taking $58 million from the fund and spreading the money across numerous programs and agencies.

DEEN: Cigarette tax hike would help us | ajc.com

newstips@ajc.com (June Deen) — Thu, 04 Feb 2010 05:00:00 GMT

The American Lung Association in Georgia plays an active role in working to save lives by improving lung health and preventing lung disease through education, advocacy and research. As the organization's director of advocacy, I must again announce the unacceptable grades Georgia received on our national association's signature report, the State of Tobacco Control. Georgia failed in almost all categories for tobacco policies proven to reduce smoking. The dismal grades, F's, are attributed to a failure to increase Georgia's cigarette tax, adequately fund tobacco use prevention programs, and provide coverage for quit smoking treatments and services for state workers and Medicaid recipients. . . . Georgia gets about $150 million annually from the Tobacco Master Settlement Agreement. Yet, Georgia funds our state tobacco use prevention program at only 2.8 percent of the CDC's recommendation. Georgia is among only four states that do nothing to help their Medicaid population quit smoking and is among the six states that fail to offer smoking cessation benefits for state employees. Helping smokers quit will save lives and money. . . . The state and federal tax burden from smoking-caused government expenditures in Georgia is about $550 per household -- whether or not a member of your family is a smoker. The potential $360 million generated by increasing the cigarette tax by $1 would go a long way toward alleviating some of those costs. Georgia should not be left out of this potential revenue generator. It is time we find the best way to save lives and generate much-needed revenue for our state. Contact your legislators today and ask for their support in increasing the cigarette tax for Georgia.

Truth editorial — Keep tobacco prevention agency on the job

Tue, 02 Feb 2010 05:00:00 GMT

For more than a dozen years, Indiana Tobacco Use Prevention and Cessation has worked to improve the health of Hoosiers by changing the perception of and educating the public on the effects of smoking and second-hand smoke. But in its attempts to cut funding, the Indiana Legislature is trying to eliminate the organization and its 14 employees, giving the duties to the Indiana State Board of Health. . . . The elimination of ITPC is one of many elements of the bill, which is authored by State Sen. Luke Kenley, R-Noblesville. We believe an organization that works so effectively with the public, can show results and doesn't affect the overall tax situation shouldn't be eliminated. The results won't be the same by moving the work to the state health department.

Arkansas Court Strengthens General Tobacco’s Position

mmchantres@evclay.com — Mon, 01 Feb 2010 05:00:00 GMT

Vibo Corporation d/b/a General Tobacco (GT) announced today that an Arkansas Court has denied the Arkansas Attorney General's motion to remove General Tobacco's cigarette brands from the Directory of approved brands to sell in that State and ordered the Arkansas Attorney General to arbitrate the dispute ordered in 2006, holding that GT's cigarette brands may continue to be sold lawfully in Arkansas. Since the Arkansas Attorney General served as the identical voice for the other 42 attorneys general, they may now be legally bound to the Arkansas order. GT believes that the Order, issued by the Circuit Court of Pulaski County on January 26, 2010, should prevent not only Arkansas but any other State that is part of the Master Settlement Agreement (MSA) from delisting GT's brands. Arkansas is the only State that has brought a Court action to determine whether the delisting of General Tobacco's cigarette brands is proper. None of the States that have announced the delisting of GT's brands sought any Court's permission to do so. Now that a Court has ruled that delisting of the brands may not proceed, General Tobacco has asked all of the States in the MSA to comply with that Court's Order.

Tobacco company challenges states' authority

chrisrizo@legalnewsline.com (CHRIS RIZO) — Mon, 01 Feb 2010 05:00:00 GMT

General Tobacco, which owes the states approximately $284.5 million and faces delisting, said Monday that the company feels protected after an Arkansas judge said the company's brands cannot be taken off store shelves there over its failure to make payments under the multistate Master Settlement Agreement. Vibo Corporation Inc., which does business as General Tobacco, is based in Mayodan, N.C. Its cigarette brands include Bronco, Champion, GT, Silver and 32⁰. General Tobacco could be barred from selling its cigarette products in 18 states over its failure to make the MSA payments. On Friday, a Pulaski County judge rejected Arkansas Attorney General Dustin McDaniel's motion to delist General Tobacco's cigarette brands.

General Tobacco De-Lists Products in Some States

cspinquire@cspnet.com — Mon, 01 Feb 2010 05:00:00 GMT

Vibo Corp. d/b/a General Tobacco announced that it will comply with recent notices regarding the removal of its cigarette brands from certain state directories of approved brands for sale. General Tobacco (GT) also continues to dispute the validity of the Master Settlement Agreement (MSA) under antitrust, constitutional and other federal and state laws, and GT claims its entitlement to more than $95 million in overpayments to the states. The de-listing does not pertain to the filtered cigars or pipe tobacco products sold by GT. These products can continue to be sold in all states without interruption.

Attorney General Expects to Review More Federal Actions : Zoeller has been analyzing health care bill at Sen. Lugar's request

Fri, 29 Jan 2010 05:00:00 GMT

Indiana Attorney General Greg Zoeller says he plans to make more use of the office's power to review federal laws to assess their effect on Indiana. . . . One likely candidate for Zoeller's scrutiny: the power granted the Food and Drug Administration last year to regulate tobacco products. Zoeller says those regulations could have an impact on the settlement the tobacco companies reached with Indiana and 45 other states in 1998 over a lawsuit state attorneys general had filed over the cost of cigarettes' impact on health.

Lawmaker angry with Creek tribe for lawsuit: He disagrees with the tribe for seeking judicial relief from new state tax-code regulations.

clifton.adcock@tulsaworld.com (CLIFTON ADCOCK World Staff Writer) — Sat, 30 Jan 2010 05:00:00 GMT

A state lawmaker on Friday blasted a federal lawsuit filed by the Muscogee (Creek) Nation against state officials and agencies over revisions made to the state tax code that affect the tribe's tobacco sales. Rep. Doug Cox, R-Grove, called the suit, filed Jan. 11 in federal court in Muskogee, a "poor use of tribal resources" and accused Principal Chief A.D. Ellis of trying to continue policies that harm tribal members. Cox, a physician, is a member of the Legislature's Native American Caucus and is of Creek heritage. The lawsuit asks the court to rule that the state cannot enforce tax-code regulations that took effect Jan. 1. . . . The Creek Nation is one of the only federally recognized tribes in Oklahoma not to have a tobacco agreement with the state, and although states usually have very little jurisdiction in Indian Country, the state of Oklahoma has told the tribe that it intends to enforce civil and criminal aspects of the tax code, according to the tribe. The lawsuit lists Gov. Brad Henry, Attorney General Drew Edmondson, and the Oklahoma Tax Commission and its officials as defendants. . . . Cox said the tribe's practice of selling low-cost, no-tax cigarettes manufactured by other tribes endangers young people and hurts American Indians, who often have higher rates of smoking and diabetes. "Chief Ellis should be ashamed for pursing policies that allow the Creek Nation to skirt the regulations of Senate Bill 608 that affect tribal smokeshops," he said in a news release. "The chief wants to continue his policy that is hazardous to all Oklahomans, and particularly his tribal members." Cox said members of the Creek Nation should be irate, and he encouraged Ellis to "invest what his lawsuit is going to cost in things that benefit his constituents, rather than harm them."

MUSCOGEE (CREEK NATION) vs. OKLAHOMA (PDF)

Fri, 29 Jan 2010 05:00:00 GMT

1. This action arises out of the Defendants' ongoing attempts to unlawfully enforce the State of Oklahoma's cigarette tax code (the "Tax Code")' as amended by SB 608 which became effective on January 1, 2010, against the Nation, its members, employees, and licensees. The Defendants impermissibly burden Indian commerce through their attempt to unilaterally impose State mandated restrictions on the sale of tobacco products in Indian country, including tribe-totribal member sales (hereinafter "Indian-to-Indian sales"), enforcement of State law concerning the Master Settlement Agreement (the Master Settlement Agreement (MSA) is described in further detail below), and the sale of tobacco products manufactured, marketed, and sold in the stream of Indian commerce ("Native Manufactured" products). 2. The Nation is a federally recognized Indian tribe with inherent sovereignty and the power to regulate commerce within the territorial boundaries of its reservation.. The Nation has adopted, consistent with the Nation's Constitution, a tribal code for the regulation of tobacco trade and sales within the Indian country of the Nation ("Tribal Code"). The Tribal Code regulates the shipment, transportation, receipt, possession, distribution, and purchase of tobacco products within the Indian country of the Nation. The Nation also regulates tobacco trade and sales through licensing tribal wholesalers and retailers to sell and trade tobacco within the Indian country of the Nation. 3. Federal law prohibits States from interfering with Indian commerce or from placing undue burdens on Indians, Indian tribes or Indian traders conducting business within Indian country. The State may not interfere with or burden the Nation's right to sell and trade cigarettes of any kind, quantity, and at whatever price deemed appropriate by the Nation to Indians on the reservation. The State may not interfere with or regulate the distribution or sale of tobacco products that are manufactured, marketed, and sold exclusively within the stream of Indian commerce to Indians and non-Indians within the Indian country of the Nation. 4. Without preliminary and permanent injunctive relief, the State will continue to unlawfully regulate and tax Indians, Indian tribes, and Indian traders in violation of the United States Constitution and the laws of the United States. . . . [CLAIMS] FOR RELIEF

VIOLATION OF DUE PROCESS

EQUAL PROTECTION

PREEMPTION UNDER INDIAN TRADER STATUTES

VIOLATION OF THE INDIAN COMMERCE AND SUPREMACY CLAUSES

VIOLATION OF TRIBAL SELF-GOVERNMENT

VIOLATION OF RIGHT OF EQUAL PROTECTION AND RIGHT TO BE FREE FROM DISCRIMINATION

Creek Nation files lawsuit over state tax code: The suit says state officials are interfering in tribal tobacco sales.

clifton.adcock@tulsaworld.com (CLIFTON ADCOCK World Staff Writer) — Fri, 29 Jan 2010 05:00:00 GMT

The Muscogee (Creek) Nation has filed a federal suit against the governor, attorney general and other state officials claiming they helped violate federal laws by interfering with the tribe's tobacco sales. The suit was filed Jan. 11 in Muskogee. A change made to the state's tax code interferes with the tribe's ability to buy and ship cigarettes made by other tribes' tobacco manufacturers, the tribe says. It's asking the court to rule that the state cannot enforce the tax code. The suit also asks the court to declare that state Master Settlement Agreement regulations and related statutes have no force on Indian lands -- a request that, if granted, could result in major changes in states' ability to regulate tobacco on tribal land.

State siphons tobacco-settlement funds : Shrinking slice of the fund goes to prevention, cessation

dtsimmons@tribune.com (Dan Simmons, Tribune reporter) — Fri, 29 Jan 2010 05:00:00 GMT

If you smoke and itch to quit, don't look to the state for help. Despite an annual infusion of about $300 million from the landmark tobacco settlement, Illinois continues to spend less than most others on programs designed to prevent people from lighting up, according to a national ranking. Illinois finished 41st out of the 50 states in the percentage of settlement money funneled into prevention and stop-smoking programs during the current fiscal year, the nonprofit Campaign for Tobacco-Free Kids recently reported. Tennessee was at the bottom, North Dakota at the top. The Land of Lincoln's lowly status was lamented by public health officials and some politicians, who describe a lost opportunity to use the pot of money to help cut the smoking rate. "That money was supposed to help take care of the problems the industry had caused in all the states," said Kathy Drea, vice president of advocacy for the American Lung Association in Illinois.

Rebecca Abrahams: The U.S. Chamber of Commerce: Assault on Justice

Thu, 28 Jan 2010 05:00:00 GMT

It's no secret that the U.S. Chamber of Commerce is the chief lobbying firm for big business and the Republican Party, pouring millions of dollars into advertising to debunk climate change and oppose national healthcare reform. But the U.S. Chamber's biggest and less known area of influence is its involvement in state and federal elections. According to SourceWatch, the Chamber has an aggressive strategy to reign in "activist judges and attorneys general," and challenge anti-business measures in court, taking a lead role in tort reform and supporting pro-tort reform candidates. The Wall Street Journal reports the U.S. Chamber of Commerce spent nearly $35 million on the 2008 election in support of pro-business candidates, almost exclusively Republicans. Attorney and Columbia Law School Professor Scott Horton has chronicled the Chamber's involvement in elections across the country. . . . Public Citizen President Robert Weissman says the U.S. Chamber of Commerce has appointed itself the guardian of the most extremist positions held by big business: . . . 'We plan to build a grass-roots business organization so strong that when it bites you in the butt, you bleed,' Chamber President Tom Donohue said." Nowhere is the Chamber's campaign to defeat anti-business candidates better exemplified than in the state of Mississippi. Its strategy -- take down plaintiff attorneys who fund Democratic campaigns with tobacco litigation settlement awards. In Mississippi, the U.S. Chamber of Commerce led this war against Judge Oliver Diaz and attorney Paul Minor. . . . Coincidentally, Barbour's lobbying firm Barbour Griffith & Rogers, (BGR) lists Phillip Morris as one of their top clients and in 1997 alone, BGR was paid $1.7 million from the "big four" tobacco companies. . . . Papantonio suggests President Obama follow Franklin Delano Roosevelt's 1937 lead and wage war on the U.S. Supreme Court. One thing is clear, the High Court's unprecedented decision to kill the McCain Feingold Act and overturn political campaign finance limits paves the way for big corporations and the U.S. Chamber of Commerce to control elections and the entire judiciary system.