National

American Legacy Foundation vindicated in long legal battle with Lorillard
On August 22nd, a Delaware court found that the American Legacy Foundation’s bold and effective youth smoking prevention advertising campaign, truth®, does not vilify nor personally attack tobacco companies or their employees. While the decision will likely be appealed by the Lorillard Tobacco Company, the American Legacy Foundation is now closer to the end of a contentious, long-running dispute that threatened to close the foundation’s doors and end the only effective national youth tobacco prevention campaign. Click for the press release on the decision.

DOJ asks Judge for liability ruling and legal expenses
The Department of Justice has asked a Judge Kessler to rule immediately on the question of the tobacco companies’ liability, without waiting for the Supreme Court decision on whether to hear the appeal regarding the disgorgement remedy. The DOJ has also requested that the tobacco companies pay for the government’s legal costs in the case, which amount to over $130 million. Click for more information.
 
The DOJ has also filed a 300-page court brief reiterating its case that the tobacco companies fraudulently denied the health risks associated with smoking over decades and marketed to youths, and that they pose a risk to do so in the future. Click to view the entire brief.

Vermont Attorney General leads lawsuit against RJR
Vermont Attorney General William Sorrell filed a lawsuit against RJ Reynolds Tobacco Company claiming the company has violated the statutes restricting false and misleading advertising by stating their Eclipse cigarettes provide a low risk alternative to regular cigarettes. The lawsuit also dictates that RJR violated the Master Settlement Agreement by misrepresenting the health effects of smoking. Attorneys General from California, Connecticut, the District of Columbia, Idaho, Illinois, Iowa, Maine, New York, and Tennessee initially requested that RJR produce the scientific evidence supporting their claims that Eclipse cigarettes “present less risk of cancer, chronic bronchitis, and possibly emphysema.” Click for the AG’s press release.

California files lawsuit against U.S. Smokeless Tobacco Company
California Attorney General Bill Lockyer filed a lawsuit against U.S. Smokeless Tobacco Company (USSTAC), the makers of Skoal tobacco, for violating the portion of the 1998 Smokeless Master Settlement Agreement that states they will not take "any action, directly or indirectly, to target youth.” USSTAC’s Skoal sponsors National Hotrod Association, in which 16 and 17 year olds are allowed to participate. Additionally, the lawsuit claims USSTAC distributes its products and marketing items at the National Hotrod Association events, further violating the 1998 Agreement. The lawsuit requests a citation for their violation of the MSA and monetary sanctions. Click for the press release on the lawsuit. Click for a response from the Campaign for Tobacco-Free Kids.

The Competitive Enterprise Institute files federal lawsuit
Claiming that the Master Settlement Agreement between 46 states and the tobacco industry is unconstitutional, the Competitive Enterprise Institute (CEI) filed a lawsuit on August 2nd in Western Louisiana District Court. CEI asserts the settlement agreement violates the U.S. Constitution’s Compact Clause which states “No state shall, without the consent of Congress…enter into any Agreement of Compact with any other state” (Article 1 Section 10). The Compact Clause was designed to stop states from uniting against another state or the federal government. The suit was filed against the Attorney General of Louisiana by CEI on behalf of two small tobacco distributors, a retailer, and an individual smoker. The complaint is available at www.cei.org, and you can also find additional information.

Senior group files lawsuit against tobacco companies
The United Seniors Association, Inc. filed a lawsuit against the big tobacco companies on behalf of Medicare for recovery of the nearly $60 billion Medicare has spent on smoking-related disease and health care. The lawsuit, filed in the U.S. District Court in Boston, asserts that tobacco companies are responsible for these costs based on the link between addiction to nicotine and prolonged smoking. The group adds that, because the industry hid the addictiveness and health effects of smoking, the Medicare recipients suffering from illness did not consent to the dangerous exposure caused by cigarettes. Click for more information.

Smoke Away and doctor fined for false and deceptive advertising
The Federal Government has filed a claim against Smoke Away manufacturer Emerson Direct, Inc. The company has been ordered to pay a $1.6 million dollar fine and to stop advertising that their product can help people stop smoking “effortlessly and permanently” without side effects such as withdrawal or weight gain. Money from the suit will be held for repayment to consumers who purchased the product. The company’s president agreed to change advertising strategies, but has refused to stop advertising the product. Additionally, the doctor who endorses Smoke Away in infomercial and advertisements has also been ordered to compensate for and end faulty advertising. Click to find more information on the claim.

Smoking bans on beaches becoming increasingly common
Two towns have recently issued smoking bans for their beaches. The town of Gilford,NH, in a move to decrease cigarette butts littering their beaches, has prohibited smoking on the sand and beach. They have installed receptacles in the parking lot and are requiring patrons to smoke there. Click for additional information on the Gilford ban. Ship Bottom, NJ has banned smoking on its bathing beach because of its proximity to a playground. Click for additional information on this ban.

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Department of Justice Lawsuit Update
The Tobacco Control Network is pleased to make available to you a useful resource on the Department of Justice lawsuit against the tobacco industry. This document will provide you with a comprehensive overview of the case to date in an easy to understand format. In addition to an overview of the case, the document provides a detailed discussion of the proposed remedies, the motion to intervene filed by the six public health groups, and the amicus brief filed by the coalition of Asian American-Pacific Islander, African American, Latino, American Indian/Alaska Native, and LGBT organizations. You can access this resource on the TCN website. Please feel free to download and share the document with others.

MMWR issue reports on state-wide smoke-free legislation in private sector
The July 8th issue of CDC’s Morbidity and Mortality Weekly Report offers details on state smoking restrictions for private-sector worksites, restaurants, and bars. The study reviewed the status of state laws restricting smoking as of December 31, 2004, updating a 1999 study that reported on such laws as of December 31, 1998. Restrictions were categorized as 1. no restrictions, 2. designated smoking areas required or allowed, 3. no smoking allowed or designated smoking areas allowed if separately ventilated, and 4. no smoking allowed (100% smoke-free). Seven states (California, Connecticut, Delaware, Massachusetts, Maine, New York and Rhode Island) currently have laws that prohibit smoking in almost all public places and workplaces, with a law in Vermont set to take effect on September 1st. Click to view the complete report.

Technical Assistance Legal Center publishes report disputing constitutional right to smoke
Opponents challenging smoke-free legislation throughout the country often level charges that smokers have a special legal right to smoke and that smoke-free laws infringe on this right. A recent publication, There is No Constitutional Right to Smoke, prepared by Samantha Graff of the Technical Assistance Legal Center at the Public Health Institute in Oakland, California, debunks the notion that a constitutionally protected right to smoke exists. This law synopsis explains why smoking is not a protected liberty or privacy right under the U.S. Constitution’s Due Process Clause or Equal Protection Clause. It also highlights two types of state laws that may create a limited right to smoke and describes how these laws can be amended or repealed so they do not impede local tobacco control efforts. The synopsis can be found at www.tobaccolawcenter.org under Tobacco Control Legal Consortium, “Resources and Publications.”

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Alabama:
 
Alabama Attorney General overturns preemption
The Alabama Attorney General decided recently that local ordinances can be stricter than the state’s Clean Indoor Air Law, as long as they uphold the statutes of the law. Alabama’s law prohibits smoking in retail shops and public buildings, but not restaurants or bars. Click for additional information.

California:
 
California prisons do not see increase in violence after ban
Security guards and other officials report that although many prisoners are unhappy with the smoking ban that began July 1st, there has not been an increase in violence or disturbances. Inmates have written to politicians to voice complaints, reported withdrawal symptoms and many have enrolled in the cessation classes offered. Click for additional information.

Florida:
 
Proposed amendment would guarantee tobacco funding in Florida
Florida had previously set a precedent for tobacco control by dedicating $70 million from the Master Settlement Agreement toward tobacco control and reducing the rates of youth smoking in the state significantly. However, in the past 3 years funding for tobacco control in the state has dropped to about $1 million per year. Tobacco control advocates are looking to voters to support a proposed constitutional amendment requiring 15% of the 2005 tobacco settlement payment be used for youth smoking prevention programs, including radio and television ads, school programs and enforcement of teen smoking laws. Florida will receive $360 million in 2005 from the tobacco settlement. The amendment would result in about $54 million per year for tobacco programs. Click for additional information.

Illinois:
 
Illinois governor overturns preemption
Governor Rod Blagojevich signed an amendment to the 1989 Clean Indoor Air Act of Illinois allowing municipalities to create their own smoke-free ordinances. The change will go into effect on January 1, 2006, but several local governments, including Chicago and Springfield, already have proposals for smoking restrictions underway. Click for more information.

Kentucky:
 
Georgetown and Louisville, KY pass smoking bans
After a 4-4 tie with the city council, Mayor Everette Varney voted to make Georgetown the second town in Kentucky to be smoke-free (Lexington being the first). Kentucky is the nation's second-largest tobacco producer after North Carolina and has the nation's highest rate of adult smokers. The ban in Georgetown includes public places including workplaces and restaurants; there are no bars in the town. The ban goes into effect on October 1st. Click for more information on the ban and the vote.
 
Also in Kentucky, the Louisville Metro Council passed a smoking ordinance that prohibits smoking in most workplaces, but exempts freestanding bars and Churchill Downs and allows smoking in buildings if designated smoking areas are "physically separated and independently ventilated from the remaining nonsmoking areas of the building." Click for additional information.

Louisiana:
 
Lafayette, LA ban restricted by state law
The Lafayette City-Parish President signed a bill to ban smoking in public places, but cannot prohibit use in government buildings nor restaurants that serve alcohol. The local law raises the issue of preemption in Louisiana. Lafayette’s ban goes into effect immediately. Click for more information/details.

Michigan:
 
Smoke free ordinances go into effect for several Michigan counties
Northwest Michigan Community Health Agency's Public Health Clean Indoor Air Regulation took effect in Michigan’s Otsego, Antrim, Cheboygan and Emmet counties in mid July. The ban eliminates smoking in public places and in enclosed indoor areas that are private worksites. The regulation does not apply to restaurants, bars, casinos, tobacco specialty stores, or private residences, except when used as a childcare facility, health care facility or adult day care facility. In mid-July, Detroit joined the counties in prohibiting smoking in workplaces, with the exceptions of bars, restaurants and casinos. Click for information on the county ban and for information on Detroit's ban.

Minnesota:
 
Hennepin County, MN reviews smoking ban
The Hennepin County Board of Commissioners intends to look at bar and restaurant receipts to examine how the county’s four month old smoking ban has affected local businesses. A comparison to the same time period in 2004 and comparisons to other similar counties in Minnesota will be included in the investigation. The commission is doing so in consideration of creating exemptions to the recent smoke-free ordinance. Click for additional information.

New Jersey:
 
Proposed legislation to ban smoking in cars
A New Jersey Assemblyman has introduced legislation to prohibit smoking in cars. His goal is to save lives by preventing traffic accidents. To justify his proposal, he reports the AAA finding that 32,000 accidents per year result from distracted drivers and in 1% of those, the distraction is a cigarette. Many say the restriction is too invasive and others wonder how it will be enforced, when it is already difficult to enforce restrictions in place on cell phone use while driving. Click for the full story.
 
New Jersey bans smoking in dorm rooms
Acting New Jersey Governor Codey has signed a bill banning smoking in residence halls on all college campuses in order to reduce fire and health risks. The ban will go into effect in 60 days, and individual colleges will decide how to enforce it. The law the nation’s toughest because it applies to both public and private universities. Connecticut and Wisconsin have banned smoking in residence halls at public universities, but New Jersey is the first state to include private universities in a ban. The legislation follows on the heels of a recent cigarette-related dorm fire at Drew University. Click for more information.

North Carolina:
 
Many school districts in North Carolina are smoke-free
Almost half of the school districts in North Carolina have chosen to make their campuses completely tobacco free. Of 115 districts, 59 have initiated ground bans. Click for more information on the school bans.

North Carolina smoking legislation viewed as weak
Legislation passed by the North Carolina House Judiciary Committee is being regarded as weak by tobacco control advocates. A joint statement released by the American Cancer Society, the Campaign for Tobacco free Kids, the American Heart Association and Americans for Nonsmokers’ Rights criticizes the legislation, which allows for smoking in bars and in separately ventilated areas of restaurants. Additionally, the legislation does not change North Carolina’s preemption law, thus preventing local governments from introducing stronger regulations. Click to view the statement.

North Dakota:
 
State-wide smoking ban in North Dakota and local ban in Grand Forks go into effect
Legislation banning smoking in work places, including restaurants and bowling alleys, went into effect in North Dakota on August 1st. A fine of $150 may be imposed on a person smoking in a restricted workplace, and business owners could be fined $100 or more. Bars and truck stops are exempt if they do not allow customers under 21 or if they have separately ventilated smoking areas. Click here for additional information on the ban. Click to find the law in its entirety as well as implementation tips.
 
On the same date, a more restrictive ban went into effect in the city of Grand Forks. The local ordinance allows smoking only in stand-alone bars and bowling alleys, while the state ban allows for smoking in bars, including those attached to restaurants independent of any partitions. Click for more information about the ban in Grand Forks.

Ohio:
 
Ohio’s fund for Tobacco Control and Prevention may lose $216 million
An Ohio legislative committee has eliminated $216 million from the state’s tobacco control and prevention account, diverting it to construction for school facilities. Total tobacco control funding would decrease from $53.3 million to $25 million, while the CDC recommends the state spend $61.7 million on tobacco prevention and control efforts. Click for additional details. Click for a statement released by the Campaign for Tobacco Free Kids.

Oregon:
 
No anti-tobacco legislation passed in Oregon
A proposed tax increase of 10 cents per pack, along with the proposals to ban smoking in bars and to permit the sale of fire-safe cigarettes, were all put off in the Oregon legislature. Speculation exists that this lack of anti-tobacco action may be the result of tobacco industry donations to legislators. Click for the full story.

Rhode Island:
 
Rhode Island violated sovereignty of Indian Tribe in raid
A Federal Circuit Court decided that the state of Rhode Island violated the sovereignty of the Narragansett Indian Tribe when it conducted a raid to stop the tribal smoke shop from selling cigarettes tax free. The ruling also upheld the statute that the Tribe must collect taxes when selling cigarettes to non-Native Americans. The court’s ruling did not address enforcement of their ruling, but did reopen the case so that all judges could rehear arguments regarding the state’s enforcement. Click for details.

Tennessee:
 
Preemption continues in Tennessee
Legislators in Tennessee have challenged the state’s preemption ruling several times in the past few years, but have not been able to bring the issue to a vote. For 11 years, Tennessee counties and towns have not been allowed to regulate smoking in their communities. Thirty-one counties and cities have passed resolutions requesting that the Legislature allow local public smoking rules. Representative Stanley states he will introduce a bill again next year to allow local governments the right to pass their own smoking bans. Click for additional information.

Washington:
 
Washington state smoking ban on ballot in November
In support of a statewide smoking ban in public places, 323,000 signatures were collected and turned into the Washington state elections office. This move by smoking control advocates all but ensures the ban a place on the November 8th ballot. Initiative 901 would expand the state's smoke free laws to include bars, restaurants, and casinos -- but it would not touch tribal operations, which are federally regulated. Click for additional information.

Washington state restricts smoking in home when children present
Washington can be added to the list of states that have issued court orders prohibiting parents from smoking in their home while children are present. California, Florida, Illinois, Louisiana, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee and Texas have made these restrictions, while Maine, Vermont and Oklahoma do not allow smoking in homes when foster children are present. Doctors who testified on the behalf of the children likened cigarette smoke to other forms of abuse, citing the toxins inhaled with second hand smoke. Click for more information.

West Virginia:
 
Mercer County, WV bans smoking
An ordinance passed in West Virginia bans smoking in virtually all public places in Mercer County, with the exception of bars and several other specialized establishments. Click for more information.

Wisconsin:
 
Madison and Appleton, WI go smoke-free
The cities of Appleton and Madison have recently been added to the list of Wisconsin cities that are smoke-free. Click for more information.
 
In addition, Madison council members rejected a proposal for exemptions in the city’s tobacco free policy by allowing smoking in two cigar bars. They are maintaining their 100% smoke free policy based on the argument of fairness to all bar owners. Click for more information regarding the cigar bars.

Wisconsin preemption bill moves to Senate
The Wisconsin House has passed a bill allowing preemption and creating a statewide standard mandating that restaurants that serve over 50 people be smoke-free, with the exception of those making over 50% of their revenue from alcohol sales. It also allows smoking for venues that have smoking sections with separate ventilation systems. The law is less restrictive then several local ordinances, and is expected to be vetoed by the governor. Click for more information.

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