Legislative Watch

National

Black lawmakers seek restrictions on menthol cigarettes
The Congressional Black Caucus is speaking out to add menthol to the list of provisions in the House bill regarding FDA regulation of cigarettes. The current version of the bill restricts the use of various candy, fruit, and spice cigarette flavorings in an effort to reduce youth smoking, yet the bill ignores menthol flavoring, which is popular among black smokers. While 75% of African American smokers use menthol cigarettes, only 25% of white smokers choose menthols. Whether or not the final bill includes restrictions on menthol cigarettes, it is not guaranteed to pass; however, some health groups and lawmakers believe that the current menthol exemption is a vital part of the compromise that has led to strong bipartisan support for the bill in Congress. Click here to read the full article.

FTC acts to prevent tobacco industry deception about tar, nicotine levels; Congress should go further by giving FDA authority over tobacco products
The Federal Trade Commission recently issued a proposal to Congress that would prohibit tobacco companies from making claims that the tar and nicotine levels in their cigarettes are based on measurement techniques approved by the FTC. Previously, cigarette companies were permitted to use measurements from the Cambridge Filter Method to back advertising claims about certain brands that were considered “low-tar” or “light.” Although the new FTC proposal does not explicitly ban these deceptive cigarette descriptions from advertising, it would limit cigarette companies’ ability to support their advertising claims based on machine testing of cigarettes—a method shown to be flawed and inaccurate. A pending bill to bring cigarettes under FDA regulation would complement and strengthen the FTC’s bill by banning terms such as “light”, “mild”, and “low tar”, and would ensure that tobacco advertising claims are backed by research. Read more here.

Action to ban smoking fizzles (MI)
The most recent legislative session ended before Michigan lawmakers could reach an agreement on a workplace smoking ban. While the Senate approved a comprehensive statewide smoke-free law, the House version of the bill included exemptions for certain businesses, including casinos, racetracks, and cigar bars. The disagreement resulted from lawmakers’ election year hesitance and concerns over monetary losses to casinos on Indian reservations, which would not be regulated under the smoke-free law. Find out more here.

Cigarettes in state to be 'fire safe' (PA)
Pennsylvania lawmakers have just passed a law that will require all cigarettes sold in the state to be fire-safe. Fire safe cigarettes are made with slow burning paper, which is less likely than regular cigarette paper to continue to burn if left unattended. According to the National Fire Protection Association, smoking materials are the most common cause of fire deaths in the United States. Pennsylvania will join fourteen states and Washington, DC in implementing this fire-safety measure. For more information, click here.

Vote expected on FDA legislation
The U.S. House of Representatives is expected to vote on critical legislation to give the FDA the authority to regulate tobacco products.  Click here to read an editorial where former FDA Commissioner David Kessler calls the legislation "as strong a tobacco bill as we have seen in our lifetimes.”  Others anticipate that the tobacco bill will be vetoed.  A letter from secretary of health and human services Michael O. Leavitt states that the Bush Administration is “strongly” against the bill. In the letter, Leavitt expresses concerns that the bill would overload the FDA with responsibilities beyond its current workload capacity, that the public might mistakenly believe FDA regulation renders cigarettes safe, and that the bill’s controversial menthol exemption is unfair to blacks. While the bill has strong bipartisan support in the House, the Senate vote is expected to be three votes short of a majority strong enough to override a veto. Click here to read more.  UPDATE: The US House of Representatives voted 326 to 102 in favor of giving the FDA authority to regulate tobacco products.  Click here to read more about the House vote.

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International

Factbox:  Smoking bans around the world
More and more countries are joining the growing list of places with public smoking restrictions. This timeline summarizes recent changes to smoking policies around the world. Countries that have most recently strengthened their smokefree laws include the Netherlands, Thailand, Turkey, France, and Germany. Click here for more information.

Smokefree England, one year on (UK)
A report has been released by England’s Department of Health to document the benefits achieved since a national smoking ban went into effect on July 1, 2007. According to the report, 98% of inspected smoke-free locations were in compliance, and a strong majority of business owners and the public are in support of the ban. In addition, air quality in bars has improved dramatically, and National Health Service cessation services have experienced a 20% increase in demand as more smokers adjust to the smoking ban by quitting. For more information about the benefits of England’s smokefree law, and to download the full Department of Health report, click here.

Public smoking becomes illegal throughout Germany (Germany)
Germany has joined the growing list of European countries with public smoking bans. While the details of the ban and penalties for offenders vary among states, all German states have smoking restrictions. Most states allow restaurants to designate separate smoking and nonsmoking sections for their patrons. In Berlin, those who violate the ban can be fined 1000 Euros ($1575). Fines range from 500 to 5000 Euros. Because approximately one third of the adult population smokes, the new law has been met with a great deal of resistance. A legal challenge from bar and nightclub owners, who maintain that the ban interferes with their profession, is ongoing in the German Constitutional Court. Read more here.

Kenyan smoking ban due to take effect: official (Kenya)
A smoke-free law that prohibits smoking in workplaces, many public places, and residential areas recently took effect in Kenya. The law allows smoking in well-ventilated designated areas of bars and restaurants. To prevent youth smoking, the law prohibits tobacco sales to anyone under 18 and requires that cigarettes be sold in quantities of at least packs of ten. The government attempted to implement a similar policy in 2003 that had no legal repercussions, but the new policy punishes violations with fines and even jail time. Find out more here.

Smoking ban gains momentum (China)
Approval and awareness of Beijing’s smoking ban are widespread, according to a survey of 10,000 Chinese residents from 31 provinces, municipalities, and regions of the country. The survey by Chinese newspaper China Youth Daily found that 69% of respondents are aware of Beijing’s public smoking restrictions, and 95% feel that the rules should be expanded. Beijing augmented its smoking ban in May to include sports venues, indoor areas of government offices, public transportation stations, schools, and hospitals. The government hired 100,000 inspectors to help enforce the ban. Inspectors are unable to issue fines for violations of the bans; rather, the anti-smoking campaign centers on educating the public. Yet, survey respondents cited a lack of strong penalties for violators as an obstacle to ensuring widespread compliance. Click here to find out more about the Chinese public’s views on Beijing’s smoke-free law.

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