Cigarette makers launched a counterattack Aug. 16 against Food and Drug Administration requirements for graphic warning on tobacco products with a lawsuit in federal court. Five top cigarette makers want the federal district court in Washington to overturn the federal mandate for stark pictures of the consequences of smoking that are to take up at least half of the front and back of the label on a cigarette pack.

Under the new rule, nine images are to be rotated. These warnings are also supposed to be part of cigarette advertising.

Included is an image of a man smoking a cigarette, with the exhaled smoke coming out of a tube in his trachea. Another shows an autopsied body, with the message “Smoking can kill you” on it.

When the images were released in June, marking the first major change to the warning labels in more than 25 years, according AllGov.com, they were characterized by Health and Human Services Secretary Kathleen Sebelius as honest warnings about smoking’s dangers.

But the tobacco companies vehemently disagree. “Never before in the United States have producers of a lawful product been required to use their own packaging and advertising to convey an emotionally-charged government message urging adult consumers to shun their product,” the lawsuit says, according to the Associated Press., the lawsuit says.

Instead of conveying facts that a consumer can use to make an informed decision, the FDA is, according to the suit, forcing cigarette makers to pay for the display of anti-smoking messages more prominently than their brand names.
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The plaintiffs are R.J. Reynolds Tobacco Co., Lorillard Tobacco Co., Commonwealth Brands Inc., Liggett Group LLC and Santa Fe Natural Tobacco Company Inc. Altria Group Inc., parent company of Phillip Morris USA, is not participating in the lawsuit and has endorsed the FDA rules.

Unless a judge intervenes, the companies will have to start displaying the new labels by the fall of 2012.
The FDA did not comment, saying they do not comment on pending litigation, according to International Business Times.

We roasted marshmallows one night this week over a fire in the backyard, my grandchildren and I, telling stories and making s’mores. Suddenly, 8-year-old Anne yelped and ran from the circle. A puff of wind had pushed the flames in her direction, making her breathe in the acrid smoke. “Am I going to get cancer?” she asked, fear in her voice breaking the summer-night spell.

Her elementary school had an ongoing program on the dangers of smoking as one of the major causes of cancer. “Even second-hand smoke gives you cancer,” Anne explained, coughing and brushing away the air.

It’s good kids today get information about the health hazards of smoking, since most long-time smokers began young; maybe not at 8, but a few years after that.

I quit in my 30s after smoking about a pack a day since high school. I didn’t have a terrible time stopping once I made up my mind, but some of the smokers in my family found it impossible even when signs of emphysema and bronchitis set in.

These days most smokers want to quit, and the government is trying to help. New regulations set by the Food and Drug Administration insist tobacco companies imprint the packaging for cigarettes with more than just the familiar Surgeon General’s small-print warning. Now there must be color pictures of blackened lungs, rotting teeth, mouths filled with sores; one even shows an addicted smoker actually inhaling through a hole in his neck from the tracheotomy his terminal habit caused.

Tobacco companies filed suit in protest, but the FDA says cigarettes kill some 440,000 American each year, and because of that, we should be stridently warned in ways that get our attention.

I could argue it both ways. After all, alcohol kills and we don’t require pictures of gruesome car crashes, corroded livers or people freaking out in detox. Guns kill — actually, that’s their only purpose — and we require almost nothing in the way of warning at gun shows and gun shops.

So the question is: When is it appropriate, in a democracy, for government to step in and rev up warnings when people insist on harming themselves? And which “lethal” products should it choose?

Despite years and years of anti-smoking campaigns and package warnings, not to mention rising taxes on tobacco products, about 20 percent of the American population — which works out to be about 50 million people — continue to smoke or start smoking each year. And that number has not dropped since 2003. The effect it has on healthcare costs is staggering.

When I quit, I told myself I could have a cigarette each year on my birthday, but within a few years I had no desire even for that. I am one of the lucky ones, because I know other people who struggle with that decision every day, and it’s not just a matter of willpower for them. It’s something chemical.

If these gruesome pictures on packs of cigarettes really do stop and make kids trying to be “cool” take a look at what’s down the road for smokers, then I guess it’s a good thing. I’d like to think that their role models would have even a greater impact, but that just might be naive, wishful thinking. In my teen years, my role models, both at home and in the world of entertainment, all smoked.

Is the government within its bounds in requiring tobacco companies to, as one smoker put it, “horrify its customers” by putting these pictures on each pack? It’s a complex question, considering the fact that these companies are making billions of dollars off something that when used properly is designed to kill their customers.

On the other hand, this is a free country. We still have the right to be stupid.

That’s at least partly why Dosal is nearly tied for sales with Reynolds, the No. 2 player in Florida behind Altria’s Philip Morris USA unit. The industry’s largest players dominate the market in most states, making Dosal, whose Florida market share was 18% in the second half of last year, an unusual case. “Essentially, they are taking advantage of a loophole to get these huge market shares,” said Frank Lester, a spokesman for Reynolds, maker of Camel and Pall Mall cigarettes.

Lawyers for Dosal argue that imposing a fee on the company would be unfair. Dosal, they say, wasn’t involved in the alleged industry practices, such as manipulating the nicotine content of cigarettes, that triggered the wave of lawsuits against major tobacco makers in the 1990s.

Dosal’s chief executive, Yolanda Nader, said the company’s value pricing has helped fuel its robust growth. Cigarette prices in Florida range from about $4 a pack for Dosal and other bargain brands to about $6 a pack for Philip Morris’s Marlboros.
It doesn’t hurt that Dosal, which is housed in a former boat factory, has deep roots here. It was founded in 1962 by an eponymous cigarette-making family that left Cuba after the revolution, and has been controlled since 1992 by Margarita Dosal. The company’s 305′s, it’s top-selling brand, was named for a Miami area code.

But the real key to the company’s success, according to . Nader, is the “greedy” larger tobacco companies, which have raised prices sharply over the years, especially after cigarette-tax increases. “They’ve done more to help us than what we have done,” she said.

Some of that advantage could soon disappear. John Tobia, a Republican state representative from Melbourne, has introduced a bill that would require Dosal and other small producers to pay Florida a fee of 52 cents per pack sold. “This is a fairness issue,” he said. Republican state Sen. Thad Altman said he is considering a similar proposal.

Such fees would cost Dosal about half its volume and eventually push it out of business, said Nader, the CEO.

Dosal recently created a website, SaveDosal.com, where it displays photographs and vignettes about some of its 150 employees, including a machine operator who sends part of his income each month to his mother in the Dominican Republic.

The company also has hired a handful of lobbying firms, and it contributed more than $700,000 in the 2010 election cycle to candidates for state office, according to public records. “This, for us, is life or death, so we put forth every possible effort,” Nader said.

Bob Butterworth, the former state attorney general who brought the case that led to the Florida tobacco settlement, said he supports the proposed legislation because Dosal’s cigarettes are “causing a health problem for which the state of Florida has to pick up the cost.”

Legislators say new fees could raise around $100 million in state funds for Medicaid, the joint state-federal health-care program for the poor. Dosal says that estimate is too high.

A lawsuit has been launched to get the Saskatchewan government to back off from its new regulations limiting tax free cigarettes on reserves to one carton a week. Back on Oct. 7, the chief of the Muskoday First Nation and a few others each bought four cartons of smokes from the store on the reserve.

The store followed the new provincial regulation and refused chief Austin Bear the rebate for the tax.
FSIN Vice Chief Morley Watson says the second part of that legal action has now started.
“Chief Bear and participating chiefs have now started legal action to recover the rebate of sales tax that the new legislation has denied them,” Watson said.
He argues not only will First Nations businesses lose revenue, but their treaty rights, as well.

A recent report from an international panel of experts claiming 13 Chinese cigarette brands have elevated levels of heavy metals has caused not only tempests in the industry, but also backlash from China. China’s State Tobacco Monopoly Bureau issued a report refuting the claims on Oct. 11 and pointed out that three of the 13 brands of cigarettes were taken off the market two years ago.

An official from the bureau said they had arranged relative materials preparation work under an investigation about the credibility of that report. He told reporters that the brands Ji Qing, Hong Jin Long and Yi Zhi Bi were already off the market.

Experts appeal to frame standards for heavy metal contained in cigarettes

Hao Fengtong, the director of Occupational and Poisoning Medicine of Chaoyang Hospital in Beijing, published a blog on Oct. 10 saying it is not right to say that the level of heavy metals in Chinese cigarettes exceeds the standard, and it is necessary to frame standards for heavy metal contents in cigarettes.

Hao said in the article that China is not the only country that lacks such standards. It was not objective to judge the harm that Chinese cigarettes bring to smokers only through a simple comparison with foreign cigarette brands.

Hao suggested framing a standard on heavy metals in cigarettes as soon as possible and controlling their contents to bring down the harm to smokers.

From english.peopledaily.com.cn

WASHINGTON — The U.S. Supreme Court today rejected an appeal from Seneca Nation cigarette merchant Scott B. Maybee, who asked the justices to overturn a lower-court ruling that he must obey Idaho laws regulating tobacco sales. Without comment, the justices let stand an Idaho Supreme Court ruling that said Maybee must register with the state and pay a fee, just like all other tobacco merchants. The state adopted the laws after a national legal settlement between the states and tobacco companies was implemented in 1998.

Maybee claimed Idaho laws don’t apply to his business because federal Indian commerce laws protect him, as do laws governing interstate commerce.

Maybee, one of the Senecas’ largest tobacco merchants, sold cigarettes to Idaho smokers under the Smartsmoker.com and Ordersmokesdirect.com brands.

The case is not at all related to the Seneca Nation’s legal challenges against New York’s attempts to collect taxes on tobacco sales to non-Indian purchasers on Indian reservations.

With Valentino Rossi out until mid-August at the earliest, his Fiat Yamaha team-mate Jorge Lorenzo has quietly moved to the top of the Moto GP ladder, taking his fourth win out of six races at the classic Assen track in the Netherlands last weekend. Lorenzo was fastest in every session, took pole, got hounded for a bit by Repsol Honda’s Dani Pedrosa and a resurgent Casey Stoner on the Marlboro Ducati, but then as his harder rear tire came in he simply motored off into the distance. Stoner pounded on Pedrosa for a while but couldn’t get past, finally fading back to finish third, his first podium of the year.

Stoner and Pedrosa both benefited from great starts, while Ben Spies on his Tech 3 Yamaha also got a superb jump, quickly moving into second behind Lorenzo and holding up Pedrosa and Stoner for several laps. He eventually finished an excellent fourth, proving that his podium third place in the U.K. the previous weekend was no fluke.

With a 47-point series lead at the one-third point in the series, Lorenzo is looking strong for the 2010 title, particularly with Rossi out of the picture indefinitely and nobody else able to consistently match his pace.

A dark horse for “most improved rider of the year” has to be Randy de Puniet, on the LCR Honda team, the smallest and most cash-strapped team on the circuit. De Puniet was near the top of the time sheets both at Silverstone and here at Assen, and had a wrestling-match style battle with Repsol Honda’s Andrea Dovizioso in the last few laps for sixth. Despite obvious traction problems from badly worn tires, de Puniet passed the factory bike several times, and only just missed out on fifth in the last corner, to his obvious fury and frustration.

Nicky Hayden, on the second Ducati, had his worst outing of the year, finishing seventh. He had an okay start but got blocked in the first turn and lost a lot of time both there and getting past the blockers, and by then he could do nothing about the leaders despite running at nearly their pace.

Silly season has started early this year, with chit-chat and rumours about 2011 taking more blog and magazine space than the actual racing. All four of the “aliens” — Rossi, Lorenzo, Pedrosa, and Stoner — have contracts ending this year, as in fact do many of the other riders. That makes the game of musical chairs even more active than it usually is.

The latest rumour is that Stoner has decided to leave Ducati for Honda, who are desperate for somebody who can win consistently (Pedrosa and Dovizioso just haven’t delivered the goods). Honda sponsor Repsol insists on a Spanish rider, so Pedrosa’s seat is probably safe, except that Ducati has been chasing him.

Over at Yamaha, Rossi has been asked to take a big salary cut of several million euros as part of an austerity budget. He was apparently willing to consider it until he found out that his cut would go to double Lorenzo’s salary; now he’s not a happy camper. Back in Italy, Philip Morris (Marlboro cigarettes, Ducati’s main sponsor) would kill to get Rossi on a Ducati, and have reportedly offered him 15 million Euros to join the squad. If Rossi does that, suddenly Pedrosa is more or less stuck with Honda, unless he moves to Yamaha. But since he and Lorenzo don’t get along …

From cmgonline.com, by Larry Tate, June 29, 2010

A new city policy will try to save money by raising health-insurance premiums for municipal employees who use tobacco products, a change that has some workers upset. Starting in January, health-insurance premiums will go up by an undetermined amount for city employees unless they take a test to prove they are tobacco-free, defined as having no nicotine in their body. In addition, for the first time, people who smoke or use other tobacco products will be eligible only for the city’s basic health-coverage plan. They will not qualify for the city’s Basic Plus health plan, in which the city covers more costs.

Martha Wheelock, an assistant city manager, said that health-care costs are still being analyzed and the exact amount of the premium increase is not yet clear, although a preliminary figure of $20 per month was given in the city’s proposed 2010-11 budget.

Wheelock said that having tobacco users pay more for health insurance continues a trend of trying to keep down costs overall.

“We as a city have talked about smoking in particular for a number of years, at least internally, and I think we’re ultra-sensitive to the topic given where we live and the roots of our city,” she said.

The city’s projected health-care costs for 2010 are $20.9 million — up 10 percent. Winston-Salem is self-insured; BlueCross BlueShield of North Carolina administers the city’s plan.

Last year, all premiums went up 25 percent, but those who joined an expanded wellness program and took biometric tests were eligible to pay the old amount. About 80 percent to 90 percent of employees took the screening.

Wheelock said it is too early to know how much the changes planned for January will save the city. She said the city doesn’t break down its health-care costs by source, so there are no exact figures for how much smoking costs the city. But she said studies suggest that curbing smoking would be fruitful.

“The trend data shows that over time, this will save us and the employees themselves money,” she said.

Testing has found that 500, or 14 percent, of the 3,600 covered city employees and retirees use tobacco products. But because not everyone took the tests, the percentage likely is higher, Wheelock said.

With the program, Winston-Salem joins a growing number of government employers, including the state of North Carolina, in attempting to cut costs by improving employees’ health.

Under the state health plan, which also covers teachers, smokers are limited to a plan in which they pay 30 percent of medical costs, while nonsmokers or those in programs to quit pay only 20 percent of medical c osts. The plan’s smoking component is projected to save the state $13 million for the 2010-11 fiscal year.

Of North Carolina’s major cities, Winston-Salem is the only one adopting such a change, although Charlotte is considering restricting smokers to a higher-deductible plan next year.

The nicotine tests will likely be given yearly, Wheelock said, but other than that, the city hasn’t yet decided how to enforce the new policy. There are no plans for random testing for compliance, an idea considered for the state plan but discarded last month.

The city’s plan was announced in May, although rumors had gone around for months. Normally, the city makes health-coverage announcements in the fall, but Wheelock said the statement was moved up because it was likely to affect employees more than usual.

“I think we’re going to work extra hard to explain it to our employees,” Wheelock said.

The plan already has some smokers concerned. The city banned employees from smoking in city buildings two years ago, and some people said they thought the continued restrictions were unfair to smokers.

“It’s a little harder to quit than they think,” said Mickey Ferguson, a heavy-equipment operator for the streets department. Ferguson, a smoker, was among several employees who expressed reservations with the plan.

The city will again offer smoking-cessation classes to employees, and it started paying for anti-smoking aids last year.

About 50 employees took the smoking-cessation classes last year. City officials expect as many as 175 to take the classes during the 2010-11 fiscal year. Workers said that the classes have helped some people quit — but some stopped attending or saw few results.

Jeff Goins, a technician in the city’s parts department, has smoked for years, although he’s tried to quit several times. He was in the first round of classes, and they helped him kick the habit — but only for 4½ months. He said he didn’t plan on taking the classes again.

“It’s a waste of time. I know I have a problem,” he said. “I have to go with their policy, but I don’t think it’s a fair decision.”

June 15, 2010, journalnow.com, by Sarah Morayati

If you are one of those smoking popular cigarettes brands from America, you might be inhaling more cancer-causing chemicals, reveals a new study by Centers for Disease Control and Prevention (CDC).As per the research conducted by researchers, the U.S. cigarettes brands are packed with more cancer causing agents than brands of cigarettes manufactured in other countries like Australia, Canada and the United Kingdom.
126 smokers studied
For their study, researchers recruited 126 smokers from four countries. The participants were between the ages of 18 and 55, and were those who had been smoking at least 10 cigarettes a day for the past one year.

All smokers were loyal to a particular brand of “American blend” tobacco for at least three months.
The popular brands under study included, Marlboro, manufactured by Philip Morris U.S., Newport by Lorillard U.S., Players by Imperial Tobacco in Canada, Winfield in Australia, and Benson & Hedges in United Kingdom.

Analyzing the cigarette brands in United States and other countries, the researchers found that brands manufactured in America contained “American blend” tobacco, which has high levels of nitrosamines, a substance directly involved in the exacerbation of cancer or in the increase of its propagation.

The researchers analyzed more than 2000 cigarette butts.

U.S. brands highest in nitrosamines
Analyzing the cigarette brands in United States and other countries, the researchers found that brands manufactured in America contained “American blend” tobacco, which has high levels of nitrosamines, which are carcinogens.

Carcinogen is a substance directly involved in the exacerbation of cancer or in the increase of its propagation.

The brands from other countries were made with tobacco that was lighter in color and had low levels of nitrosamines.

To examine how much nitrosamines smokers were exposed to, researchers tested saliva and urine samples of the smokers. They found that smokers smoking U.S. brand cigarettes were three times more exposed to cancer causing chemicals than those who smoked brands from other countries.

“All of these cigarettes contain harmful levels of carcinogens, but these findings show that amounts of tobacco–specific nitrosamines differ from country to country, and U.S. brands are the highest in the study,” stated Jim Pirkle, M.D., Ph.D., deputy director for science at CDC’s National Center for Environmental Health, Division of Laboratory Sciences.

The study has been published in the June issue of ‘Cancer Epidemiology, Biomarkers & Prevention.’

Toxic chemicals posing threat to life
The findings only highlight the adverse effects of tobacco, which is one of the leading cause of death. Globally, deaths as a result of tobacco have topped 5 million a year.

If tobacco consumption is not controlled, the number is likely to exceed to 8 million in a year by a year by 2030.

In United States alone, every year 443,000 U.S. residents die from cigarette smoking and passive smoking, and around 8.6 million suffer from problems caused by smoking.

The problems are caused due to chemicals like nitrosamines, which are formed from nicotine and related alkaloids during the production and processing of tobacco and tobacco products.

Apart from nitrosamines, other toxic chemicals often found in cigarettes include arsenic, commonly used in rat poison, cadmium, a heavy metal found in batteries, ammonia compounds, used in cleaning products. Ammonia is used to boost the impact of nicotine in cigarettes.

Cigarette smoke has high level of carbon monoxide, which is lethal in large amounts. It also contains hydrogen cyanide, a chemical that kill people in the gas chambers in Nazi Germany during World War II.

by Jaspreet Virk – June 2, 2010 themoneytimes.com