National

Department of Justice Lawsuit Update
In 1999, during the Clinton Administration, the Department of Justice filed a suit against cigarette makers under civil-racketeering laws alleging a "50-year campaign of fraud and a decades-long pattern of material misrepresentation, half-truths, deception, and lies that continue to this day." The Justice Department at that time alleged that since the 1950s, cigarette makers have lied about the dangers and health risks of their product. They also denied targeting their product to teens and women, as well as lying about the benefits of light and low-tar cigarettes. The defendants in this case included, at that time, Altria Group Inc.'s Phillip Morris USA, R.J. Reynolds Tobacco Holdings Inc., and Brown and Williamson.

The Department of Justice had initially asked that cigarette makers pay $130 billion ($5.2 billion per year for 25 years) to fund cessation programs. However, during closing arguments in early June, the Department of Justice made a surprise announcement, asking the cigarette makers to pay only $10 billion ($2 billion a year over 5 years). Health advocates are concerned that there was pressure from the current administration to lower the amount. On June 20th, Judge Kessler called the Department of Justice attorneys, as well as the tobacco industry attorneys and CEOs into her office for a closed meeting. After the meeting, the judge wrote in an order that "...the Court scheduled a routine, informal discussion with the parties urging them, once again, to consider the advantages of settling this case rather than the risks of litigating it. No legal decisions were made and no legal argument was presented."

On June 27th, the government filed a proposed remedies order, in which the Department of Justice detailed in writing the remedies it wants the judge to impose if she finds the industry liable. Click to read the entire text of the remedies request. The document does not reverse the decrease in the request for the smoking cessation remedy, but does propose remedies in several additional areas, including (1) payment by the industry of $400 million a year over 10 years, $4 billion total, to fund public education campaigns to be carried out by The American Legacy Foundation, (2) "lookback" penalties that would fine the tobacco companies if they fail to achieve targets for reducing youth smoking, (3) non-financial remedies such as a ban on all direct and indirect cigarette brand health descriptors and health messages, such as "light" and "low-tar"; a ban on cigarette price promotions and discounts that would apply to the top five youth brands; a ban on cigarette flavorings (except for menthol); a requirement that the tobacco companies disseminate "corrective communications" through their web sites and various media; extension of MSA industry document disclosure requirements; and requirement for industry disclosure of marketing data, broken down by type of marketing, brand, geographic area and other categories, and (4) a court-appointed independent investigator to monitor industry behavior and recommend corrective action where appropriate.

July 20th is the deadline for the government to appeal the U.S. Court of Appeals ruling that disgorgement, or forfeiture, of profits is not an allowable remedy under the civil racketeering (RICO) law. August 8th is the deadline for both sides to file "post-trial proposed findings of fact,” which will delineate what they want the judge to conclude as a result of the evidence presented in the case. Other filings will be due throughout the Fall.

Click here for more information about the lawsuit. A letter can be sent via email to the administration and members of Congress to restore full funding of the cessation programs at www.dontpardonbigtobacco.org, a site sponsored by the Campaign for Tobacco-Free Kids.

American Lung Association releases 2004 edition of SLATI
On May 3rd, the American Lung Association released the 2004 edition of State Legislated Actions on Tobacco Issues (SLATI). SLATI is the American Lung Association's annual compendium of State tobacco control laws, and this edition covers laws effective as of January 1, 2004. SLATI is the only resource of its kind providing an up-to-date guide to tobacco control laws in all 50 States and the District of Columbia. A PDF copy of the report is available on the SLATI website. If you have any questions about the report, please contact Thomas Carr at tcarr@lungusadc.org.

Ban on candy flavored cigarettes under consideration
The federal government has joined several State governments by considering the regulation of flavored cigarette sales, including a ban on the products. The regulation is part of a bill that would also give the Food and Drug Administration regulatory power over tobacco products. Demonstrating that flavored cigarettes appeal to youth, a recent study by Dr. Gary Giovino, director of the Tobacco Control Research Program at New York's Roswell Park Cancer Institute, showed 20% of 17- to 19-year-old smokers have tried one or more varieties of flavored cigarettes in the past 30 days, while only 6% of adult smokers had. States considering a ban on the products include Connecticut, Illinois, Minnesota, New York, North Carolina, Texas and West Virginia. Click here for full article.

Arizona: Flagstaff, AZ to be smoke free
Flagstaff, Arizona has joined the cities of Tempe and Guadalupe as having some of the most comprehensive smoking bans in the US. The ban prohibits smoking in all restaurants, bars, bowling alleys and pool halls. Click here for more information.

Arkansas: Pine Bluff becomes second city in Arkansas to enact smoking ban
On June 6, 2005, Pine Bluff became the second city in Arkansas with a smoke-free ordinance. Smoking is prohibited in all enclosed public places, restaurants and city-owned buildings and within a 10-foot radius of doors leading into public buildings. Tobacco retail stores and free-standing bars are exempt. Fayetteville restaurants and public places have been smoke free since March 2004. A recent report showed that the ban had no negative impact on sales, according to taxes collected by hotels, motels and restaurants. Click here for more information on the Pine Bluff ban. Also, additional information on the report issued regarding the impact of the ban in Fayetteville can be found here.

California:
More California beaches become smoke free
Long Beach has joined several other California beach towns in banning smoking on their public beaches. The list of smoke-free beaches in the State includes Los Angeles, Huntington Beach, Laguna Beach, Malibu, Manhattan Beach, Newport Beach, San Clemente and Santa Monica. The Long Beach City Council unanimously supported the ban, which also includes bike paths and boating ramps. A violation could cost as much as $500. Click here for more information on the new ban.

California corrections facilities are smoke-free
Effective July 1, 2005, California State corrections facilities will be smoke-free for both guards and inmates. The measure is designed to lower health care costs of the States 80,000 inmates, with predicted savings of nearly $280 million. Click here to read the full article with concerns for the ban.

California State Assembly passes fire-safe cigarette legislation
The California State Assembly has passed a bill that will require all cigarettes sold in the State to be fire-safe. If the Senate also passes the bill, California would join New York as the second State with fire-safe requirements. A fire-safe cigarette extinguishes itself when it is not inhaled. While Vermont recently passed such legislation, Alabama, Arkansas, Colorado, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey and Rhode Island have also considered fire-safe cigarette legislation. Click here for more information.

Colorado:
Tobacco control in Colorado to be funded at CDC recommended levels
The legislative session in Colorado resulted in the State now being required to fund tobacco prevention and cessation programs at the levels recommended by the CDC. Click here for more information on the Colorado’s tobacco legislation.

Bill to eliminate smoking in most Colorado workplaces defeated
Colorado’s House of Representatives passed a bill to eliminate smoking in most workplaces including bars and restaurants; however, it was defeated by the Senate later in May. Read more about the defeat of the smoking ban.

Steamboats Springs, CO soon to be smoke-free
On July 1, Steamboat Springs will become smoke free. A clean air ordinance was passed in mid-May that bans smoking at restaurants, bars, athletic fields, outdoor amphitheaters and workplaces. Click here to read more information about the new ban.

District of Columbia: DC city council assessing several smoke free workplace bills
Washington, DC city council members recently held public hearings to address three different smoking ordinances they are considering. Two of the bills prohibit smoking in all workplaces including bars and restaurants; one has exemptions for strip clubs and cigar parlors. The third bill provides tax incentives to restaurants that choose to be smoke free and increases fees to those that do not. Several council members and Mayor Williams were previously opposed to smoking restrictions, but the recent documented successes of bans in other major cities like New York and in nearby Montgomery County, MD have convinced many to support a ban. Click for more details on the potential ban and public hearings.

Florida: Restaurant owner looking for “historic” out on smoking ban
The owner of a historic Florida restaurant pushed for a bill that would change alcohol sales exemption to the Florida smoke free law. Because he cannot make renovations to accommodate smokers to his restaurant, he advocated for the food sales allowance to be increased to 20% of gross revenue, instead of the current 10% that is required for a restaurant to meet the “stand alone bar” status that grants it an exemption to the law. The bill has passed the Senate. Click here for more details on the bill area.

Georgia: Georgia State workers who smoke will pay more for insurance
As of July 1, State employees, including teachers, all State workers and their families, who smoke will have to pay an extra $40 each month for health insurance. Smoking status will be based on self report and false information will result in loss of health insurance for a one year period. Click here for more information.

Indiana: Indianapolis passes smoking ordinance
After changes making the policy slightly less strict, Indianapolis passed a smoking ban. The exemptions to the ordinance include bars, taverns, bowling alleys and places that do not have customers or employees under the age of 18. Click here for information on the vote and the ordinance.

Illinois: Enough support for the windy city to be smoke free?
Currently, Chicago is the largest city that does not prohibit smoking in workplaces, although the City Council has been looking at proposed smoking bans for two years. With 62% of registered voters in Chicago supporting a ban, the American Cancer Society (Illinois division) is mobilizing the effort to pass a smoke-free ordinance in cooperation with the American Heart Association, American Lung Association, the National African American Tobacco Prevention Network, the Campaign for Tobacco Free Kids and more than 100 coalition partners. Please click here for more information.

Kentucky: Louisville, KY to vote on city-wide smoking ban
On June 16th, the Louisville Metro Council will vote on a city smoking ban that would restrict smoking in restaurants and day care centers. Click here for more information.

Minnesota: Ramsey County, MN ordinance leaves loophole for restaurants
A loophole in Ramsey County’s no-smoking ordinance allows restaurant owners six months to prove their sales from alcohol. One restaurant owner in St. Paul is taking advantage and working to increase liquor sales to reach 50% of all revenue, the minimum amount to be considered a bar. In order to attain this level, some owners have gone as far as increasing happy hour specials, offering more specialty wine and beer, and closing their kitchens early. Please click here for more information.

Montana: Montana becomes one of three new smoke free States
Governor Brian Scheitzer signed Montana’s clean air act into law April 18, 2005. The legislation, which goes into effect on October 1, 2005, prohibits smoking in public buildings and offices. After four years the law will include bars and taverns – defined as having 60% of their revenue from the sale of liquor. Additionally, the law provides four years of preemption. The law also prohibits the use of chewing tobacco on all school grounds, including the university system. Click for further detail on the passing of Montana’s Clean Air legislation.

Nevada: Smoking banned in child-friendly places in Nevada
A bill that would prohibit smoking in video arcades and child care centers has passed the Senate in Nevada, and is now up for approval from the governor. The bill to protect children’s health would apply to arcades with more than 10 machines and to child care facilities with more than four children. Democratic Assemblywoman Kathy McClain was the main sponsor of the bill. Other bills in the legislature include two smoking bans, one which would ban smoking in all grocery and convenience stores and restaurants but not casinos or stand-alone bars and the other which would allow smoking in the slot machine areas of grocery and convenience stores and in bars connected to restaurants. Click here for full details.

New York: New York county raises age for purchasing tobacco
Suffolk County has become the first county in New York to increase the legal age to buy tobacco products from 18 to 19. The ordinance was passed unanimously in December after county legislators heard youth testify that cigarettes were highly accessible at high school since many students are of legal purchasing age. The New York State legislators are assessing this change for the whole State. If the bill passes, New York would join Alabama, Utah and Alaska, all of which have recently elevated their purchasing age to 19. Click here for more information.

North Carolina:
Smoking banned in North Carolina prisons
In order to reduce State health care costs, the North Carolina Senate passed a bill that would prohibit smoking in the 76 States prisons. Although they acknowledge the turbulence the ban may cause for the 70% of prisoners who are smokers, supporters feel it would improve the health of inmates and guards by reducing second hand smoke inhalation and decreasing fire risk. Click here for more information.

House bill to ban smoking in NC restaurants fails
A proposed smoking ban for the restaurants in North Carolina failed in the House of Representatives in early June. Please click here for further information.

North Dakota: North Dakota joins list of smoke free States
Governor John Hoeven has passed North Dakota’s clean indoor act. The law prohibits smoking restaurants, government and public buildings, livestock auctions and most businesses; exemptions include bars, smoking rooms in hotels and rented private rooms, and American Indian cultural or spiritual ceremonies. The smoking ban, which does allow for stronger local ordinances, goes into effect on August 1, 2005.

Ohio: Columbus, OH smoking ban prevails
Columbus citizens voted to preserve their existing clean indoor air laws for workplaces throughout the city. The vote decided whether businesses earning over 65% of revenue from alcohol should be exempt from the city’s existing clean air ordinance. Click here for more details on the ordinance and the voting.

Pennsylvania: Philadelphia smoking ban delayed
Philadelphia was in line to become the next smoke free city, but the ordinance has stalled. The initial ordinance was vetoed by Mayor John Street in May, but amendments have since been made. Mayor Street and City Council have agreed to wait until the fall for a vote on the amended proposal, initiating a new round of public hearings.

Rhode Island: Rhode Island smoke free law strengthened
As a result of a lawsuit filed by bar owners, the Governor passed a bill to eliminate exemptions in Rhode Island’s smoke free law. The exemptions were to phase out in October 2006, when the preemption for local ordinances will still end. Click here for more details on the changes and exemptions.

Texas: Austin, TX is smoke free – and working on the litter
The people of Austin voted for legislation prohibiting smoking in all workplaces, including restaurants and bars. The ban also applies to bowling alleys and music venues, with the exceptions of nursing homes, bingo parlors and restaurants with separate, ventilated, smoking sections. Smokers must be at least 15 feet from the non-smoking establishments. Fines for violation could be as high as $2,000. The ordinance goes into effect on September 1, 2005. Concerned about the potential increase in cigarette butt litter on the streets of Austin when smokers are sent outside, the Keep Austin Beautiful organization intends to give away or sell at low cost portable ashtrays.

Vermont:
Vermont passes one of strongest smoke free laws in the nation
In late April, Vermont passed some of the strongest tobacco control laws in the nation and became the eighth State to pass comprehensive smoke free legislation. Prior to this, Vermont had smoke free restaurants but allowed smoking at establishments with a cabaret license, which requires 50% of revenue to be acquired from liquor and entertainment. Effective September 1st, smoking will be prohibited in all restaurants, bars, and private clubs. Click for more information on smoke free legislation.

Vermont requires fire safe cigarettes
Vermont continues to have some of the toughest tobacco legislation in the nation; both the House and Senate have passed a bill that would require all cigarettes to be fire safe. Governor Douglas has stated he would sign the bill, which would go into effect May of 2006. New York was the first State to have a fire safe cigarette requirement, which went into effect last summer. Fire safe cigarettes do not burn end to end when left unattended 75% of the time, whereas regular cigarettes will almost 100% of the time. The new law is expected to decrease the fire fatalities in Vermont, which has one of the highest cigarette caused fire death rates in the country. More information is available at the Tobacco Public Policy Center and at the Vermont Guardian.

Washington: Music venues in Washington State to be anti-smoking
The Washington Department of Health teamed with the House of Blues Concerts, Inc. to educate the group with the highest smoking rates in Washington State, 18-29 year olds. On Memorial Day weekend, a law went into effect that prohibits tobacco companies from promoting and giving away samples at concerts. In place of the promotional material normally at concerts, cessation information will be available both as fliers and at booths. Click for more information on the ban.

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