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Categories
· Lawsuits
Lawsuits
· Doj
Organizations
· Altria/Philip Morris

Altria Bid to End Court Oversight Draws Judges’ Skepticism  

Jump to full article: Bloomberg News, 2012-04-20
Author: Tom Schoenberg

Intro:

Cigarette makers, including Altria Group Inc. (MO)’s Philip Morris USA unit, drew skeptical questions from a federal appeals court for their contention they shouldn’t be bound any longer by penalties imposed in a 13-year-old case.

Judges on an appeals panel in Washington said today they were “troubled” and “puzzled” by claims that a 2009 law giving the Food and Drug Administration the authority to regulate cigarette sales extinguished court oversight of three companies found in a U.S. lawsuit to have violated the Racketeer Influenced and Corrupt Organizations Act.

“Your chances of that striking are not all that wonderful,” U.S. Circuit Judge Laurence Silberman told a lawyer for the companies during oral argument.

Silberman’s colleague, Circuit Judge David Sentelle added, “You’re in here because you didn’t obey the old law.”

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Quotes from this article:

You’re in here because you didn’t obey the old law.
Circuit Judge David Sentelle, to tobacco companies asserting that Kessler's RICO remedies are obviated by 2009's FDA legislation.

Categories
· Lawsuits
· Labels/Lights
USA, by State
· California
Lawsuits
· Doj

Judges seem wary of overruling tobacco judgment  

Jump to full article: Associated Press (AP), 2012-04-20
Author: FREDERIC J. FROMMER Associated Press

Intro:

A bid by tobacco companies to overrule a court judgment that they must do corrective advertising about the dangers of smoking received a chilly response from a federal appeals court Friday.

The companies want U.S. District Judge Gladys Kessler's order overturned because a 2009 law gave the Food and Drug Administration authority over the industry, including power to require graphic cigarette warnings. In 2006, Kessler ruled that America's largest cigarette makers concealed the dangers of smoking for decades, in a civil case the government had brought under the Racketeer Influenced and Corrupt Organizations, or RICO law.

In court filings, the companies--including Philip Morris USA, the nation's largest tobacco maker--say that the 2009 law "eliminated any reasonable likelihood that defendants would commit future RICO violations," thus making the need for remedies like corrective statements moot.

Judge David Sentelle, one of three judges on the appeals court panel, told a lawyer arguing for the tobacco companies that the logic in their case "escapes me."

"Your client is here because they didn't obey the law," he said.

The attorney, Miguel A. Estrada, argued that the companies couldn't violate the law even if they wanted to, because of the oversight authority that the FDA now has under the 2009 Family Smoking Prevention and Tobacco Control Act.

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Categories
· Health/Science
· Cardio-vascular
· Food/Diet/Obesity
non-USA, by Country
· Australia

Woman dead at 30 had eight liters of Coke, 30 cigarettes per day 

Jump to full article: Associated Press (AP), 2012-04-20

Categories
· Health/Science
· Cancer
USA, by State
· Minnesota

Officials Link Fridley's Elevated Cancer Rates to Smoking Statistics 

Survey shows people in Anoka County smoke at higher rates than those in other counties.
Jump to full article: Patch.org, 2012-04-17

Categories
· Health/Science
· Lung Cancer
USA, by State
· Georgia

Georgia Governor Signs Law Creating the First Lung Cancer Awareness License Plate in the United States 

Proceeds to benefit the Joan Gaeta Lung Cancer Fund and their efforts to support research.
Jump to full article: PR Web, 2012-04-16

Categories
· Health/Science
· Tax
· Lung Cancer
· Women
· Elections/Politics
· Op-Ed
USA, by State
· California

STEVEN: THE STEPCHILD CANCER THAT NEEDS OUR ATTENTION  

Jump to full article: U-T San Diego [San Diego Union Tribune], 2012-04-20

Categories
· Health/Science
· Lawsuits
· Labels/Lights
non-USA, by Country
· Australia

Big Tobacco's box fetish: plain packaging at the high court 

Jump to full article: The Conversation (au), 2012-04-20
Author: Matthew Rimmer

Intro:

The High Court of Australia heard arguments over three days from the April 17 to 19, 2012. The various parties enlisted battalions of lawyers, the proceedings received intense media attention, and the public galleries were packed. Here’s how it went.

Big Tobacco’s arguments

Tobacco companies struggled with their argument that the introduction of the plain packaging of tobacco products amounted to an acquisition of property on less than just terms.

There was much discussion as to whether the Commonwealth had indeed effected an “acquisition” of the tobacco trade marks. Japan Tobacco International’s barrister argued, “The Commonwealth law by its terms abrogates the power to substitute any message the Commonwealth chooses on what we say is our billboard.” . . .

It remains to be seen whether the ruling will have larger implications for the labelling of therapeutic goods, food, alcohol, and beverages, such as soft drinks.

What we know for certain is that, far from heralding the end of the fight about plain packaging, this case is merely one battle in an ongoing war for better public health.

But it will certainly have wider international implications. Geoffrey Robertson QChas predicted that, not only will the Commonwealth win the case, but other countries will follow the “brilliant Australian idea”. Both New Zealand and England have initiated public consultation processes, with a view to establishing schemes for the plain packaging of tobacco products.

Meanwhile, other attempts by tobacco companies to thwart this measure will continue. Big Tobacco will no doubt seek to challenge plain packaging in a wide array of arenas. The Ukraine, for instance, is leading a misconceived challenge to Australia’s plain packaging of tobacco products under the TRIPS Agreement 1994. And, there’s a contrived action against Australia’s scheme under an investment treaty between Hong Kong and Australia.

Health activists are also concerned about Big Tobacco’s involvement in the development of free trade agreements, such as the Anti-Counterfeiting Trade Agreement and the Trans-Pacific Partnership Agreement. There are fears that such treaties will include parts aimed at undermining tobacco control measures.

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Categories
· Health/Science
· International
· Cardio-vascular

Global ignorance of tobacco's harm to cardiovascular health costing lives 

New study presented at the World Congress of Cardiology organized by the World Heart Federation
Jump to full article: EurekAlert, 2012-04-20

Intro:

Dubai (UAE), Geneva (Switzerland) (April 20, 2012): A report released today at the World Heart Federation World Congress of Cardiology in Dubai reveals significant gaps in public awareness regarding the cardiovascular risks of tobacco use and secondhand smoke. The report, entitled "Cardiovascular harms from tobacco use and secondhand smoke", was commissioned by the World Heart Federation and written by the International Tobacco Control Project (ITC Project), in collaboration with the Tobacco Free Initiative at the World Health Organization.

According to the report, half of all Chinese smokers and one-third of Indian and Vietnamese smokers are unaware that smoking causes heart disease. Across a wide range of countries, including India, Uruguay, South Korea and Poland, around half of all smokers - and over 70 per cent of all Chinese smokers - do not know that smoking causes stroke. Awareness of the risk of secondhand smoke is even lower. In Vietnam, nearly 90 per cent of smokers and non-smokers are unaware that secondhand smoke causes heart disease. In China, 57 per cent of smokers and non-smokers are unaware of the link. Even in countries with well-developed health systems and tobacco control regulation - such as Canada, the United Kingdom, the United States, and Australia - between a third and a half of smokers do not know that secondhand smoke can damage cardiovascular health.

Professor Geoffrey T. Fong at the University of Waterloo, Canada, and Chief Principal Investigator of the ITC Project, commented, "This report shows a broad correlation between poor knowledge of the risks of tobacco use and high levels of smoking prevalence.

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Categories
· Smokefree Policies
· Dining/Entertainment
USA, by State
· Georgia

Nightlife picks: Shanty Shack goes smoke-free, LavaLamp performs downtown 

Jump to full article: Columbus (GA) Ledger-Enquirer, 2012-04-19

Categories
· Smokefree Policies
· Colleges
USA, by State
· Illinois

COD smoking ban takes effect Aug. 6  

The College of DuPage is telling smokers to butt out beginning Aug. 6.
Jump to full article: Chicago (IL) Daily Herald, 2012-04-20

Categories
· Smokefree Policies
· Colleges
USA, by State
· Illinois

COD board approves tobacco-free policy  

Jump to full article: Chicago Tribune, 2012-04-20
Author: Michelle Manchir

Intro:

Smokers will not be permitted to use tobacco products on the College of DuPage campus unless they are in private vehicles beginning Aug. 6

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Categories
· Fires/Injuries
USA, by State
· Oregon

Bend House Blast Tied to Cigarette, Gas Line  

Man Severely Burned, in Critical Condition
Jump to full article: KTVZ Channel 21 (Bend, OR), 2012-04-19

Categories
· Smokefree Policies
· costs/finances
· Dining/Entertainment
non-USA, by Country
· Bulgaria

PRESS DIGEST - Bulgaria - April 20  

Jump to full article: Reuters, 2012-04-20

Intro:

These are some of the main stories in Bulgarian newspapers on Friday. Reuters has not verified these stories and does not vouch for their accuracy.

EXCERPT

SEGA - Bulgaria will lose 228 million levs ($152 million) a year as result of the legislative amendments that would ban smoking in open public spaces as of July 1, association of restaurateurs' chairman Atanas Dimitrov said.

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Categories
· Federal/National
· Labels/Lights
non-USA, by Country
· New Zealand

Branding ban likely for tobacco products  

Branding of tobacco products will be banned if the Government gets its way
Jump to full article: TV3 (nz), 2012-04-19

Categories
· Cessation
· Colleges
USA, by State
· Oklahoma

HIGGINS: Brush with death affects perspective on smoking habit 

Jump to full article: Oklahoma Daily (UO), 2012-04-19

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