Legislative Watch

National

Bar owners vow to keep 'theater nights'
When bar sales plummeted following Minnesota’s newly implemented Freedom to Breathe Act, many nightclubs and bars responded by holding “improv nights” to take advantage of a loophole in the smoking ban.  Because the loophole allows indoor smoking as part of a theatrical production, bar owners are calling their customers “actors” to allow smoking to continue.  According to a statement from the Minnesota Department of Health, these theater nights are not within the spirit of the law, and are punishable with fines of up to $10,000.  View the article here, and click here to read the Freedom to Breathe Act and FAQs.  Update: The curtain's coming down at The Rock as smoking ban enforced... The first citation has been given to a bar owner exploiting the loophole with “smoking performances.”  The Minnesota State Health Department plans to cite other bars holding theater nights. Read more here.

Assembly says light ‘em up; kills smoking ban
Even after an anti-smoking rally earlier this month and a visit from advocate and cyclist Lance Armstrong, Wisconsin lawmakers were not able to gain momentum on passing a statewide public smoking ban.  The state assembly adjourned without voting on the ban, so the idea will now be shelved until next year.  According to one of the sponsors of the anti-smoking bill, the Tavern League’s strong voice to exempt bars from the ban played a major role in the bill’s downfall.  Click here for the full article.

Smoking ban proponents and opponents gear up for April 8
Next month, Kansas City residents will vote on a measure that could make the state’s public smoking ban stricter.  City Council has already approved a partial smoking ban that will go into effect on April 4, but if the April 8 ballot measure is passed by the public, the ban will also include bars and restaurants.  There are already competing media campaigns from the Kansas City Business Rights Coalition and Breath Easy KC.  Read more here.

House health subcommittee acts to protect kids and save lives by approving bill to regulate tobacco products
A House of Representatives subcommittee has made a key move toward Food and Drug Administration (FDA) regulation of tobacco products.  The Energy and Commerce Subcommittee on Health approved a bill that gives the FDA the resources and authority to regulate tobacco advertising and sales in the United States.  With support from 56 sponsors in the Senate and 217 in the House, and backing from over 600 public health organizations and other groups, it is likely to pass once it reaches Congress.  Click here for more information.

Smoking ban will go to committee
Iowa lawmakers have been struggling to come to an agreement on a comprehensive state smoking ban.  The House voted for a proposal that allows smoking in bars and casinos when only adults 21 and over are admitted, but the Senate favors a ban that encompasses all establishments.  A joint committee of lawmakers from both the House and Senate will meet in an attempt to reach a compromise.  Read more here about Iowa’s continued progress toward a smoking ban.

Washington State helps low-income residents quit smoking
Washington State Governor Christine Gregoire is expected to sign into law a bill recently passed by the state Legislature that will help Medicaid recipients quit smoking.  The new law offers low-income residents over-the counter and prescription medications, and counseling and other assistance through the Washington Tobacco Quit Line.  Research shows that such treatment doubles or triples the likelihood of successfully quitting tobacco.  Washington ranks fifth in the nation in tobacco use prevalence, and continues to finds ways to reach high-risk and underserved populations. For more information, contact Terry Reid at 360-236-3665 or terry.reid@doh.wa.gov.

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International

Ont. joins growing group of provinces pursuing ban on smoking in cars with kids
After years of work by health groups and anti-smoking activists to educate the public on the dangers of secondhand smoke in cars, Ontario premier Dalton McGuinty has decided to support legislation banning smoking in cars carrying children.  McGuinty states that there is strong political support for the proposed law.  Nova Scotia and three U.S. states have already passed laws against smoking in cars, and New Brunswick and Manitoba also have similar legislation in the works.  Click here for more information.

Quebec regulations will blunt tobacco marketing, end unit sales of cigarillos
The Quebec Health Minister, Philippe Couillard, has proposed regulations to make Quebec the toughest Canadian province against tobacco advertising.  Couillard’s proposal includes restrictions on the format of advertising, regulations on individual cigarillo sales, and limits on signage in retail locations.  These restrictions are particularly important following the Canadian Supreme Court case in the summer of 2007 that maintained tobacco companies’ right to market their products under the regulations of the federal Tobacco Act.  Read more here.

Reader survey - tobacco sales
According to a survey by the grocery industry magazine The Grocer, tobacco wholesalers in the UK are expressing their frustration with lower than expected sales after last year’s tobacco ban.  Eighty percent of wholesalers stated that they have not been able to become less reliant on tobacco sales for profits.  According to one major wholesaler, the downturn in tobacco sales has hit small retailers particularly hard, since this category can comprise up to 25% of sales.  Find out more here.

Call to restrict smoking scenes British anti-smoking group
SmokeFree Liverpool has called upon the British Board of Film Classification to restrict all movies that depict smoking with an over-18 age rating called an “18-certificate.”  The group’s campaign is fueled by research showing that adolescents between the ages of 11 and 18 who see more smoking in movies are more likely to become smokers themselves.  According to a spokesperson from the British Board of Film Classification, movie raters already consider smoking and alcohol use when rating films, and giving an 18-certificate to all movies depicting smoking would be unpopular with the public.  However, according to one city official, even if the movie rating measure is not taken on nationally, the city of Liverpool may limit minors’ exposure to movies with smoking.  Click here to find out more.

Warning pics will change every year
The Indian government is finalizing the details on its implementation of gory pictorial warnings on cigarette packaging.  The pictures will be changed annually in order to keep with their intended purpose—to make illiterate smokers aware of the dangers of cigarettes.  The warnings are to cover 40% of the tobacco packaging, and both English and regional languages will be used to print either “smoking kills” on cigarette packages or “tobacco kills” on smokeless tobacco products.  Read more here.

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