Legal

National

Ban on tobacco sales in drugstores is upheld (CA)
Despite legal challenges, San Francisco’s new ban on cigarettes sales in pharmacies still stands. A U.S. District judge denied tobacco company Philip Morris an injunction to put a temporary hold on the city’s ban, ruling against Philip Morris’ argument that the ban interferes with the company’s right to free speech in its in-store advertising. Lawyers for Philip Morris had testified that by blocking tobacco advertising in pharmacies, communication with customers, and therefore free speech, was being prevented. The city’s opposing argument was that the sales ban limits sales—not advertising—so the free speech argument does not apply. Previously, the same judge denied Philip Morris’ request for a restraining order, which would have prevented the law from going into effect in the first place. Click here to read more.

Two judges rule differently on Illinois smoking ban (IL)
Two conflicting court decisions have created confusion about whether the statewide smoking ban in Illinois, which went into effect on January 1, 2008, should be enforced. According to one judge, the smoking ban is constitutional, but another judge ruled that the law is not enforceable. The State Department of Health has not yet succeeded in obtaining administrative approval from the state for its proposed law enforcement policies. After the first enforcement policy was turned down by the Joint Committee on Administrative Rules, which includes members of the state House and Senate, the health department has not yet submitted a revised policy. County Health Departments have been left to interpret the state and local laws to determine appropriate enforcement and citation strategies. Click here for more information.

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Research

How does increasingly plainer cigarette packaging influence adult smokers’ perceptions about brand image?
An experimental study Package design is a key element of cigarette marketing, and in order to limit the effect of tobacco branding on cigarette consumption, some countries have implemented laws requiring generic tobacco packaging. In a recent study, Australian adult smokers were asked to evaluate the effects of cigarette branding and packaging on adults’ opinions about packs of cigarettes. Participants were also asked about their perceptions of smokers who would use those packs of cigarettes, and assumptions about the experience of smoking cigarettes from those packs. Plain brown cardboard packs were rated significantly less attractive and less popular than packs carrying the original branding. Respondents also perceived the type of people who would smoke cigarettes from the plain packs as less stylish, less sociable, and less mature than smokers of the branded packs. The findings suggest that plain packaging would help remove brand image associations, and might increase the visibility of pictorial health warnings. Click here to access the full article, which was published online in the British Medical Journal in November 2008.

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