US Distributing Free Anti-terrorist Cigarettes In Iraq
Popular CNN reporter Anderson Cooper (ANDERSON COOPER 360°) returned from Iraq with a gift to present to Jon Stewart on "The Daily Show" Wednesday night-- a sample pack of the cigarettes the US military is currently handing out to Iraqis. The packs contain a phone number citizens can use to report on terrorist activities.
- 1,300 bytes. Gene Borio
DOJ Ruling on BATCo's Request for Summary Judgement
This matter is now before the Court on British American Tobacco (Investments) Limited's ("BATCo") Motion for Summary Judgment ("Motion"). Upon consideration of the Motion, the Opposition, the Reply, and the entire record herein, and for the reasons set forth in the accompanying Memorandum Opinion, Defendant BATCo's Motion is denied.
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Blumenthal Letter on AdAge's Allegation on Legacy Ads
In a March 16 AdAge.com article, you report that I have offered, or offered to discuss, reigning in[sic] tough anti-smoking ad content in return for continued industry funding of those ads. That report is not correct. While I am generally willing to speak to those who disagree with me, I did not say that I would -- and in fact I would not -- consider limiting or reining in tough effective anti-smoking ads in any way.
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ABOUT PHILIPPE BOUCHER'S RENDEZ-VOUS
Rendez-vous is a cyber-interview of people in tobacco control, where the guest answers via email 5 questions, plus a self-introduction and eventually a 6th open question for anything he/she wants to add.
- 37,268 bytes. Philippe Boucher
Tobacco History Links
Tobacco History web sites.
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Tobacco Company Wikipedia Edits Revealed
Now tobacco control advocates can look up tobacco company edits of Wikipedia entries.
According to an 8/14/07 article in Wired, "Wikipedia Scanner" is a new data-mining service launched Monday that traces millions of Wikipedia entries to their corporate sources, and for the first time puts comprehensive data behind longstanding suspicions of manipulation.
- 2,205 bytes. August 16, 2007 Gene Borio
Altria Reportedly Distributing Summary of FDA Bills
Lobbyists for Altria have reportedly been distributing the following precis of the upcoming FDA bills to members of Congress, a precis which displays an intimate knowledge of the bills far in advance of any public notification. "Why not?" some in the tobacco control movement have commented, "they wrote them."
Overview of Kennedy/Cornyn and Waxman/Davis Bills
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The ANR Foundation is conducting a brief survey of Tobacco News Service users to give us a better picture of who uses the service, and how they use the information they find on the website or in the daily newsletter. This information will help us understand how users access and utilize the service, demonstrate a need and desire to maintain the service, and begin to identify possible funding strategies to keep the news service intact.
- 2,316 bytes. Cynthia Hallett
HENNINGFIELD: On Increased Nicotine Levels
Increased nicotine in cigarettes could help perpetuate and or increase nicotine addiction in the population without making the individual cigarette demonstrably more addictive . . .
Implications for evaluating the Massachusetts data:
If the Massachusetts findings are valid, then the data suggest that by increasing available nicotine in cigarettes, it will be easier for tobacco users to sustain their addictions, as restrictions on smoking, and cost of the products increase, and number of cigarettes per day decrease. At the population level this could contribute to maintaining addiction. This conclusion is not based on the premise that such cigarettes are "more addictive" or that lower nicotine cigarettes are less addictive. Of course, with cigarettes as with illicit and prescription drugs of abuse many factors beyond dose and formulation also affect prevalence of use and attractiveness
- 5,349 bytes. Jack E. Henningfield, Ph.D.
Passive Smoking Lung Cancer Death Case Settled In Favor of Plaintiff
• Mr. Larry Ray Thaxton, a lifelong nonsmoker, was born in 1956, and died from lung cancer at the age of 40 in 1996 in Chattanooga, Tennessee, U.S.A. From age 26 to the time of his death, Mr. Thaxton was a railroad worker employed by the Norfolk Southern Railway in an outdoor job on various sites far from his home. During the week, he was housed in bunk trailers in various campgrounds provided by the railroad.
• Mr. Thaxton complained to his employers regularly about his constant involuntary exposure to secondhand tobacco smoke from co-workers in the bunk cars . . . .
A quantitative risk assessment incorporating experimental measurements of secondhand smoke concentrations in a typical bunk-trailer indicated that his work-related secondhand smoke exposure doubled Mr. Thaxton’s odds of lung cancer death. The case settled in favor of the plaintiff after 10 years of litigation, in Atlanta, Georgia, on January 19, 2006, for an undisclosed amount.
- 2,400 bytes. 1/19/06
Justice O'Connor's Tobacco Rulings
- 1,233 bytes. 7/9/05 Ed Sweda
Tuttle Decision (7/30/04)
As a young professional baseball player Bill Tuttle (Tuttle) began chewing smokeless tobacco in 1955, and continued chewing regularly until 1993. His product of choice was Beech-Nut, which was manufactured by Lorillard Tobacco Company and later acquired in 1988 by National Tobacco Company. In October 1993, Tuttle was diagnosed with oral cancer, and he later died in July 1998 from related complications. On September 21, 1999, Tuttle’s widow, Gloria Tuttle1 (Mrs. Tuttle) filed a lawsuit against several smokeless tobacco manufacturers and their trade association, alleging both common law claims of negligence, fraud, and civil conspiracy, as well as statutory claims alleging violations of several Minnesota consumer protection statutes. Following extensive discovery, the defendants moved for summary judgment on all claims. The district court granted summary judgment on the claims and entered judgment in favor of the defendants. Mrs. Tuttle appeals.
We reverse the district court’s ruling on the statute of limitations, but conclude Mrs. Tuttle’s claims are legally insufficient, because her claims fail for want of admissible proof of causation and reliance. We, therefore, affirm the district court’s judgment.
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Donald R. Shopland on CDC Reorganization
The proposed reorganization is a continuation of a control process that was begun earlier and will simply ensure that no opposing views will emanate from its major health agencies when such issues as FDA regulations over tobacco, are proposed. There simply will be only one voice heard in support of adminsitration policy -- that of the tobacco industry.
- 2,604 bytes. Donald R. Shopland
031215 Final Rylander Judgement in Geneva
B. a) During the incriminated press conference, Jean-Charles Rielle and Pascal Diethelm made public a press release drafted by them and entitled:
"Geneva at the centre of an unprecedented scientific fraud: overwhelming evidence against the activities of 'Geneva' professor Ragnar Rylander!"
In substance, in the text they accused Ragnar Rylander of having been secretly employed by Philip Morris USA for over 25 years and paid by Fabriques de Tabac Réunies, Neuchâtel, while being attached to the Institut de médecine sociale et préventive [Institute for Social and Preventive Medicine], in which capacity he was in charge of several of the Institute’s research projects . . . . According to Jean-Charles Rielle and Pascal Diethelm, the conclusion reached by one of Professor Rylander's projects on respiratory infections in young children and environmental factors, namely that tobacco smoke did not modify risks of illness in young children, was mind-boggling and, when one knew that he was one of Philip Morris's most highly paid consultants, tended to call into question the objectivity of his work. . .
b) Ragnar Rylander, environmental physician, former researcher and lecturer at various institutes and universities, notably the Universities of Stockholm, Gothenburg and Geneva, filed a criminal complaint on 18 April 2001 for defamation, or even calumny, against Jean-Charles Rielle and Pascal Diethelm. In substance, in his complaint Ragnar Rylander explained that he had never been employed by Philip Morris, that he had never oriented his research to suit the desires of Philip Morris or other cigarette manufacturers in return for funding for his research, and that he had never allowed Philip Morris to inspect his research or to influence it in any way whatsoever . . .
d) The following chronological account of the relations between Ragnar Rylander and Philip Morris is based on the exhibits produced by Jean-Charles Rielle and Pascal Diethelm and available for the most part on Philip Morris's website (www.pmdocs.com) and on that of the tobacco industry (www.tobaccoarchives.com). . .
An examination of the incriminated press release shows that the expression “scientific fraud” concerns only Ragnar Rylander’s deception regarding his links with Philip Morris and not the fact, criticised later on, that he had altered a data base so that the results of a study might correspond to the expected outcome, as it emerges from the very letter that Ragnar Rylander sent to Thomas Osdene concerning the study on passive smoking and respiratory diseases in children. . . .
A deception that, as is the case here, spanned some thirty years and was kept up even at the cost of lies . . . . certainly deserves the qualification that was used.
Geneva has indeed been the centre of an unprecedented scientific fraud in so far as Ragnar Rylander, acting in his capacity of associate professor at the University, took advantage of its influence and reputation, not hesitating to put science at the service of money and not heeding the mission entrusted to this public institution . . .
Having re-examined the whole file, the Criminal Division reaches the conclusion that the veracity of the incriminated expression has also been demonstrated, the expression in question constituting simultaneously a fact and a value judgement.
The appeal is therefore upheld, the judgement of the Tribunal de Police of 24 May 2002 annulled, and the appellants are acquitted.
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2004/02/24 DOJ v. Philip Morris, et.al.
This matter is now before the Court on Defendants'1 Motion for Partial Summary Judgment on Claims that Defendants Advertised, Marketed, and Promoted Cigarettes to Youth and Fraudulently Denied Such Conduct. Upon consideration of the Motion, the Government's Opposition and the entire record herein, and for the reasons stated
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04/02/24 OLYMPIC v. HUSAIN
Held: The conduct here constitutes an “accident” under Article 17. Pp. 4–12. (a) The parties do not dispute Saks’ definition of “accident,” but
2 OLYMPIC AIRWAYS v. HUSAIN Syllabus
they disagree about which event should be the focus of the “accident” inquiry. The Court’s reasoning in Saks sheds light on whether the flight attendant’s refusal to assist a passenger in a medical crisis is the proper focus of the “accident” inquiry. In Saks, the Court focused on “what causes can be considered accidents,” 470 U. S., at 404, and did not suggest that only one event could be the “accident.” Indeed, the Court recognized that “[a]ny injury is the product of a chain of causes.” Id., at 406. Thus, for purposes of the “accident” inquiry, a plaintiff need only prove that “some link in the chain was an unusual or unexpected event external to the passenger.”
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Attorneys General Letter to MPAA
We, the undersigned Attorneys General, write to ask you, with your longstanding prominence and influence in the American motion picture industry, to exercise your exemplary leadership to effect potentially far reaching benefits for public health. A Dartmouth Medical School study released last month confirms what other research has suggested: reducing the prevalence of cigarette smoking in motion pictures could significantly decrease the initiation of smoking in youth. With this new evidence of how effective reducing smoking in motion pictures would be in preventing youth smoking, the motion picture industry stands in a uniquely powerful position to bring about a profoundly beneficial impact on the health and well-being of millions of Americans. . .
The motion picture industry, therefore, is uniquely situated to bring about sweeping change to prevent youth smoking. Simply by reducing the depiction of smoking in movies, the industry can protect our nation's youth from the known perils of smoking. Mr. Valenti, you have demonstrated your leadership and willingness in the past to join forces to protect our youth from violence in the media. We are hopeful you will use your best efforts again here to rally the motion picture industry to move from being a source of the problem to being recognized as a critically important force in solving the nation's deadly problem of youth smoking.
We look forward to hearing your ideas about how the motion picture industry will pursue this tremendous opportunity. Thank you in advance for your thoughtful consideration of this important matter.
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Tobacco Tax Challenge Update Report Summer 2003
In February 2002, the SmokeLess States National Tobacco Policy Initiative issued the Tobacco Tax Challenge to encourage governors nationwide to reduce youth smoking and the incredible and unnecessary harm tobacco inflicts on people. Several of the nation’s leading health care organizations, including the American Academy of Family Physicians, American Cancer Society, American Heart Association, American Lung Association, American Medical Association and the Campaign for Tobacco-Free Kids joined SmokeLess States in issuing this Challenge.
More than 380,000 kids and adults alive today would be saved from smoking-related deaths if higher state cigarette taxes were implemented in the 30 states with below-average cigarette tax rates. Raising state cigarette taxes combined with cessation and prevention programs are one of the most effective ways to reduce smoking rates and to prevent kids from ever starting to smoke.
In this Update Report, we provide a look at the ongoing Challenge, the benefits of higher state cigarette taxes and a look ahead on the legislative front.
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TTAC (Tobacco Technical Assistance Consortium, tobacco.org's primary funder) wants to get a better handle on what local and state advocates are doing vis-à-vis secondhand smoke/clean indoor air, specifically if they have the training, technical assistance and support they need to achieve their goals.
- 1,368 bytes. July 31, 2003 M. 'Tac' Tacelosky
RJR, LORILLARD v. CALIFORNIA 7/22/03
Two tobacco companies bring suit against officials of California’s Department of Health Services. They challenge the state’s anti-tobacco advertisements, which are funded through a special surtax on wholesale tobacco sales. The tobacco companies claim that the surtax forces them to fund ads with which they disagree, and that this violates their right to free speech under the First Amendment. They also complain that the ads interfere with their right to trial by jury under the Seventh Amendment and unfairly stigmatize them in violation of the Due Process Clause of the Fourteenth Amendment.. . .
Hence, because the Seventh Amendment claim fails as a matter of law, the due process claim likewise fails.
Although plaintiffs fail to state a claim for denial of procedural due process, if the plaintiffs truly believe that the challenged advertisements are both provably false and disparaging to their business reputations, they are free to seek relief against the State of California or its officials in a defamation action under state law.31
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The Survey as PR
On May 12, 2003, the New York Post ran two stories on a "Post survey" it had done amongst 50 "randomly selected" New York City bars and restaurants. 1,2. The survey found that, "34 of the 50 businesses queried have shown a decline in business since April. . . The median of those reporting declines was a 30 percent cut in business."
The media universally accepted the Post survey at face value and repeated the Post's findings without qualification, giving readers the impression that restaurant business really had fallen off by "as much as 50 percent."
Within a month, the findings had entered a never-never-land of received knowledge, disembodied from any source at all, and often deployed as established or likely fact in efforts to defeat smokefree air legislation in other localities.
Why the media should take this survey so literally is a mystery, as it was uncredited, unverifiable, and had glaring faults.
1. The survey was clearly not done by a professional research company; it was solely referenced as a "Post survey." The survey was actually conducted by the reporter herself. Her data is not available.
2. It seems unlikely that this was a "random" survey. The random claim, repeated by the Post as late as May 24, 2003 8 seems on its face, misleading--at least 4 of the restaurateurs cited were on record as opposing smoking bans. . . .
3. The survey design mimics a notorious tobacco industry PR tactic, the "30% Myth." 11
- 24,159 bytes. Gene Borio
TOBACCO COMPANIES V. ENGLE APPEAL
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT . . .
In conclusion, the entire judgment must be reversed and the class decertified. The class fails the requirements of predominance and superiority. Any initially imagined savings of judicial resources and expense, have been dispelled by the ensuing litigation and the overwhelming procedural problems inherent in the certification of this type of smokers’ litigation. Those class members whose claims have not yet been tried, should be allowed to proceed individually.
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Enstrom and the tobacco industry
In short, Enstrom's 25 years of begging the tobacco industry for money do not square with his claim today that he's just "received" money and just "in recent years". He's been trying to get tobacco industry money for a quarter century, and it finally started to pay off about 10 years ago, to the tune of over half a million dollars. In return, it appears he has delivered a study amazingly useful to his sponsor.
- 6,815 bytes. Jon Krueger
KRUEGER: Philip Morris Bond Cap Bill is Alive
According to the clerk for Senator Silverstein, SB 102 is alive and well and on its third reading.
What the IL Senate Executive Committee voted down today was floor amendment 1 to SB 732. It was as reported a bond cap bill, but a different bill; same matter, different bill.
- 511 bytes. Jon Krueger
Susan Miles et al v Philip Morris Inc.
Illinois Circuit Court Judge Nicholas Byron orders Philip Morris to pay $10.1 billion in damages for misleading smokers into believing that low-tar cigarettes are safer than regular brands.
"The Court finds that the term 'Lights' not only conveyed a message of reduced harm and safety, but also conveyed to Class members that the 'Lights' cigarette product was lower in tar and nicotine. . . . Specifically, Dr. Joel Cohen, a Professor at the University of Florida who has studied consumer behavior (specifically in the context of tobacco) for over twenty years, established as a factual matter that Philip Morris fully understood (prior to the launch of Marlboro Lights and Cambridge Lights) smokers' concerns regarding the negative health impact of smoking.
The testimony and documents offered at trial demonstrate that Philip Morris' initial response to this growing health concern was to create a disinformation environment wherein Philip Morris through its own public statements (and though its participation in the Tobacco Institute) knowingly and falsely disputed scientific conclusions that established a connection between smoking and diseases. Philip Morris' strategy was to create doubt about the negative health implications of smoking without actually denying these allegations. The evidence offered at trial establishes that Philip Morris continued this disinformation campaign through the mid-1990's.
the course of conduct by Philip Morris related to its fraud in this case is outrageous, both because Philip Morris' motive was evil and the acts showed a reckless disregard for the consumers' rights. As a consequence, punitive damages are appropriate in this case."
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