Legal

National

Appeals court bars class action against makers of light cigarettes
A Federal court threw out an $800 million class action lawsuit against tobacco companies for their misleading claims about the lessened harms of light cigarettes. The court ruled that because there was no way to prove that all smokers of light cigarettes relied only on cigarette advertising for their information, smokers would have to file suits individually to prove that they were misinformed by tobacco advertising regarding light cigarettes.  While light cigarette class action suits have generally been unsuccessful, a Supreme Court case is still pending to determine whether a Federal Trade Commission regulation allowing marketing of light cigarettes pre-empts these cases. Read more here.

There is No Constitutional Right to Smoke: 2008
This document is a revised and updated version of a 2005 publication from the Tobacco Control Legal Consortium.  The law synopsis maintains that since there is no legal right to smoke granted in the Constitution, the door is open to smoke-free laws.  Section II addresses the abilities of state and local governments to enforce anti-smoking laws. Click here to read this publication.

Columbia on track to curtail smoking (SC)
The South Carolina Supreme Court unanimously ruled that localities have the power over state law to enact municipal smoking bans in public buildings.  The cities of Greenville and Columbia, among others, are now able to implement and enforce smoking bans.  Columbia’s smoking ban was passed in 2006, but has remained inactive until this court decision. Click here for more information on the ruling and the implementation of local smoking bans in South Carolina.

Anti-smoking fund in ashes:  Ohio leaders take almost all for other projects (OH)
Ohio is not the first state to reroute tobacco settlement funds to fund state projects unrelated to tobacco.  However, Ohio Governor Ted Strickland recently signed a bill transferring $230 million to a job development program—a move that could deplete tobacco settlement monies within two years.  Ohio’s public health efforts have cut smoking rates since tobacco programs were begun in 1999, yet Governor Strickland has a record of repeatedly funneling tobacco settlement money away from tobacco prevention.  The Ohio Tobacco Prevention Foundation sued the state and persuaded the court to temporarily block the state treasurer from making the $230 million transfer into the job program fund.  A hearing on this issue is scheduled for April 24.  Click here to find out more about the legal battle over Ohio’s redistribution of state tobacco prevention funds. Click here for information on the American Legacy Foundation’s efforts in this case.

State sues bar for smoking 'show' (MN)
In recent months, some Minnesota bars have taken advantage of a loophole in the state’s smoking ban that permits smoking by actors during theatrical performances.  In response, the Minnesota Department of Health has filed a lawsuit against the Bullseye Saloon, stating that the bar has violated its smoking ban with its so-called “smoking performances” where all of its patrons are considered “actors.”  Most bars have stopped allowing smoking “performances” after receiving warnings from the health department, but this lawsuit could give the state the power to decisively enforce the smoking ban in the few remaining bars that have not cooperated.  Find out more here.

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