http://www.tobacco.org/newsfeed/state/MA.rss Latest top tobacco news headlines en-us http://www.malawyersweekly.com/signup/opinion.cfm?page=ma/opin/sup/1010108.htm http://tobacco.org/news/265323.html CORDY, J. The Commissioner of Revenue (commissioner) appeals from an Appellate Tax Board (board) decision vacating the suspension of a retailer's license to sell cigarettes and declaring the "Fair Pricing of Cigarettes" regulation, 830 Code Mass. Regs. § 64C.14.1 (1993) (§ 64C.14.1), "invalid on its face as inconsistent with the provisions of G. L. c. 64C and the decision of the Supreme Judicial Court in Commissioner of Corps. & Taxation v. Ryan, 323 Mass. 154 (1948)." We affirm the board's decision vacating the retailer's suspension, albeit on different grounds. We also conclude that the board did not have the authority to declare the regulation in question invalid. . . . 3. Conclusion. The board's ruling that § 64C.14.1, in its entirety, was invalid on its face and of no legal effect, is vacated. Further, although we conclude that the presumptive pricing framework set forth in the regulation, § 64C.14.1(1)-(4), (7)-(11), is rationally related to the enforcement of G. L. c. 64C, §§ 12-21, a licensed retailer like Duarte must be afforded an opportunity to demonstrate that he has sold cigarettes "at a price made in good faith to meet the prices of a competitor," G. L. c. 64C, § 16, before his license can be suspended. To the extent that the hearing regulation set forth in § 64C.14.1(5) and (6), foreclosed Duarte's opportunity to make such a showing, they are inconsistent with the statute and due process. Finally, the board's determination that Duarte set his prices in a good faith effort to meet the prices charged by competitors and that his license should therefore not be suspended is supported by substantial evidence and is affirmed. Massachusetts Lawyers Weekly SJCReporter@sjc.state.ma.us Wed, 14 May 2008 04:00:00 GMT http://www.telegram.com/article/20080512/NEWS/805120482/1004/RSS01&source=rss http://tobacco.org/news/265142.html A 53-year-old man who apparently was smoking next to his oxygen tank died Saturday night in a three-alarm fire at the Pearl Brook Housing Complex, 131 White St. As of 8 p.m. last night, the identification of the victim was being withheld pending notification of the man's family. It was expected his name would be released today. . . . The victim was smoking while using oxygen for treatment of pulmonary disorders, officials said. Pearl Book Housing Complex is primarily housing for elderly and disabled residents. Worcester Telegram & Gazette agriffin@telegram.com (Lynne Klaft Correspondent and Anna L. Griffin TELEGRAM & GAZETTE STAFF agriffin@telegram.com) Mon, 12 May 2008 04:00:00 GMT http://www.telegram.com/article/20080512/NEWS/805120541/1005/RSS01&source=rss http://tobacco.org/news/265129.html LUNENBURG-- A 53-year-old man who apparently was smoking near his oxygen tank died Saturday night in a three-alarm fire at the Pearl Brook Housing Complex, 131 White St. As of 8 p.m. last night, the identification of the victim was being withheld pending notification of the man's family. It was expected his name would be released today. . . . The victim was smoking while using oxygen for treatment of pulmonary disorders, officials said. . . . The fire displaced eight residents. Among those are Gerry and Linda Leger, who have lived at Pearl Brook for a year and a half. Worcester Telegram & Gazette agriffin@telegram.com ( Lynne Klaft Correspondent and Anna L. Griffin TELEGRAM & GAZETTE STAFF) Mon, 12 May 2008 04:00:00 GMT http://www.readingeagle.com/blog.aspx?bid=4&id=16067&t=Ban-helps-prevent-teens-from-smoking http://tobacco.org/news/265118.html The Issue: A study in Massachusetts shows that a smoking ban in restaurants reduced teenage smoking. Our Opinion: This is another reason why such bans are necessary. . . . The Massachusetts study has shown that smoking bans contribute to creating a healthy environment in which to raise children. Is anyone in Harrisburg listening? Reading Eagle Sun, 11 May 2008 04:00:00 GMT http://news.bostonherald.com/news/regional/politics/view.bg?articleid=1092599&srvc=home&position=2 http://tobacco.org/news/265094.html As smokers statewide face another tax hike on cigarettes, a controversial new amendment would allow retailers to slash the cost of butts as a way to lure customers into their stores. An amendment in the Senate's nearly $500 million tax bill approved Tuesday night does away with a 1945 protectionist law that sets a minimum price per pack. "It will give those who buy cigarettes a break because the price will probably drop enough to mitigate the tax increase," said the amendment's sponsor, Sen. Richard Tisei (R-Wakefield). "So consumers might not get whacked with a huge increase." But jacking up the cost to smoke means fewer young people start, said Marc Hymovitz of the Massachusetts chapter of the American Cancer Society. Boston Herald jfargen@bostonherald.com (Jessica Fargen General Assignment Reporter) Thu, 08 May 2008 04:00:00 GMT http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20080508/NEWS/80508001/-1/NEWS10 http://tobacco.org/news/265049.html An early morning fire at 31 Princeton Street is being blamed on a lit fire-safe cigarette. . . . He noted that the fire was likely caused by a Marlboro Medium fire-safe cigarette left in an ashtray that was placed on a windowsill. . . . The ashtray with the lit cigarette fell onto an unused bed, igniting it. . . . Lt. Medeiros said that this is the second local fire this year believed to have been caused by fire-safe cigarettes. The other occurred in March, when John Gonsalves, Sr. of Oakdale Street was killed in a fire. Officials say Mr. Gonsalves accidentally started the fire with one of his fire-safe cigarettes. New Bedford Standard-Times Thu, 08 May 2008 04:00:00 GMT http://www.concordmonitor.com/apps/pbcs.dll/article?Date=20080509&Category=NEWS01&ArtNo=805090320&SectionCat=&Template=printart http://tobacco.org/news/265021.html House budget writers proposed delaying a potential 25-cent cigarette tax increase yesterday to see if a pending tax increase in neighboring Massachusetts will drive smokers to New Hampshire despite high gas prices. If New Hampshire doesn't get $50 million from cigarette sales between July 1 and Oct. 1, the state's $1.08 tax will go up a quarter. The state's grocers and convenience stores had told the House Finance Committee they could sell more packs without a tax increase. Massachusetts is considering raising its $1.51 per pack tax by $1. Massachusetts also has a 5 percent sales tax that New Hampshire retailers say makes New Hampshire prices more attractive. AP Fri, 09 May 2008 04:00:00 GMT http://wbz.com/topic/play_window.php?audioType=Episode&audioId=2134099 http://tobacco.org/news/265020.html WBZ's Carl Stevens speaks with Senator Richard Tisei about a new measure ending price controls that's passed in the House and the Senate. WBZ-TV-4 CBS Fri, 09 May 2008 04:00:00 GMT http://www.bostonherald.com/news/regional/general/view.bg?articleid=1092808&srvc=home&position=2 http://tobacco.org/news/265009.html Cut-rate cigarettes could choke the market and expose a whole new generation to the cancer-causing habit under a plan to throw out price controls on butts that has already won state Senate approval, fuming anti-smoking activists warn. "It's a dramatic and extreme reversal. I see no justification for overturning the law," said Northeastern University's Edward Sweda, a public health attorney. Kevin O'Flaherty, director of advocacy for the Northeast Region's Campaign for Tobacco Free Kids, agreed, saying, "(The) amendment actually benefits the tobacco companies - not public health." A 1945 law designed as a perk for Big Tobacco set minimum prices for smokes by the pack and carton depending on brand, and production costs has actually discouraged smoking by keeping consumer costs high, activists say. But as a pitch to hike tobacco taxes by $1 per pack burns through the Legislature, lawmakers have tacked on the amendment removing the price controls as relief for retailers. The pricing law now dictates that a pack of Marlboros, for example, cannot be sold in the Bay State for less than $4.97 - or a store owner faces a $500 fine. If minimum pricing is flicked away, prices could mirror New Hampshire, where the same pack sells for about $3.75, and no rules or fines apply. Boston Herald joed@bostonherald.com (Joe Dwinell Senior Executive City Editor ) Fri, 09 May 2008 04:00:00 GMT http://capitalnews9.com/default.aspx?ArID=115622 http://tobacco.org/news/264903.html A new Massachusetts study says teens who live in towns with strict smoking bans in restaurants are 40 percent less likely to become regular smokers. . . . In Berkshire County, a new Massachusetts study on restaurant smoking bans suggests a role in persuading teens not to pick up the habit. Our Ryan Burgess explains. Capital News 9 Wed, 07 May 2008 04:00:00 GMT http://www.bostonherald.com/news/regional/politics/view.bg?articleid=1092428 http://tobacco.org/news/264828.html The state Senate's move to raise the cigarette tax by $1-a-pack, making Massachusetts one of the most expensive states to buy cigarettes, has smoker's rights groups puffing mad and health advocates applauding. "This is a very cowardly way to balance the state's budget on the backs of a vilified minority," said Stephen Helfer, founder of the defunct Cambridge Citizens for Smoker's Rights, and a staunch opponent of increasing the tax. "Smokers are disproportionately more likely to be poor and low-income than well-off." The $1-a-pack tax was included in a nearly $500 million tax package that the Senate approved yesterday. The Senate also voted to lift the state-mandated minimum price for a pack of cigarettes. The Senate and House, which also approved a $1-a-pack cigarette tax hike, still need to agree on the tax bill Boston Herald jfargen@bostonherald.com (Jessica Fargen General Assignment Reporter ) Wed, 07 May 2008 04:00:00 GMT http://www.eagletribune.com/punews/local_story_127235047.html http://tobacco.org/news/264826.html The Senate approved a $1 per pack cigarette tax increase yesterday, part of a $472 million tax hike that would be the largest in the last six years. The Senate voted 31-6 for the tax bill, which would raise $175 million through higher cigarette taxes and $297 million from closing so-called corporate tax loopholes. Sens. Steven A. Baddour, D-Methuen, and Susan C. Tucker, D-Andover, voted for the bill, which passed the Senate while Sen. Bruce E. Tarr, R-Gloucester, voted against it. Lawrence Eagle-Tribune Wed, 07 May 2008 04:00:00 GMT http://www.bostonherald.com/business/general/view.bg?articleid=1092266 http://tobacco.org/news/264799.html The Massachusetts Senate is debating a nearly $500 million tax package, including a dollar-a-pack hike on cigarettes. AP Tue, 06 May 2008 04:00:00 GMT http://www.thedailyitemoflynn.com/articles/2008/05/06/news/news11.txt http://tobacco.org/news/264746.html LYNN - One day last June, 6-year-old Shane St. Pierre was browsing with his mother in a Livermore, Maine grocery store, while waiting for their sandwich order. The boy was naturally drawn to what he thought was a stack of miniature baseball bats near the cash register. Unaware that the devices were actually novelty cigarette lighters, the boy flicked the trigger and in a second his eyebrows were singed, his face burned. The boy's father, Norm St. Pierre, a fire chief in nearby West Paris, was so disturbed by the incident he joined other advocates to ensure that toy-like lighters were banned in Maine, effective March 14, 2008. Tennessee officials followed suit in April, and bans are under consideration in Alabama, Connecticut, Iowa, Michigan, Ohio, Oregon and Vermont. Fire safety officials say the frequency of such incidents is on the rise, which is why toy-like lighters are the focus of this year's Arson Awareness Week in Massachusetts. State Fire Marshal Stephen Coan is urging parents, guardians and caregivers to protect themselves and their children from the dangers posed by these devices. Lynn Daily Item dicknewton@equitablebank.com (David Liscio / The Daily Item) Tue, 06 May 2008 04:00:00 GMT http://www.patriotledger.com/opinions/x931068038/YOUR-OPINION-Clear-differences-between-tobacco-and-drug-paraphernalia http://tobacco.org/news/264742.html According to information from the U.S. Drug Enforcement Administration, hardcore drug paraphernalia, outlawed in Massachusetts, has distinct characteristics that indicate that its sole, or at least dominant use, is with illicit drugs. For example, bongs are always made of non-porous materials, such as metal or glass, because marijuana gives off a sticky, smelly residue. To avoid the buildup of pot residue, the bongs must be made of materials which can be scrubbed. Tobacco gives off pleasant less sticky resins, and tobacco users prefer to let these resins build up in wooden pipe bowls and stems. Quincy Patriot Ledger kenjohnson@ledger.com (LOUISE STONE) Tue, 06 May 2008 04:00:00 GMT