National

Tobacco bill unlikely to pass this year
Legislation that would give the Food and Drug Administration the power to regulate tobacco products is unlikely to pass this year. Despite strong bipartisan support for the bill in the House, the threat of a Presidential veto, combined with a packed legislative agenda, are major challenges to the bill’s passage. One of the bill’s major sponsors, Senator Edward Kennedy, is being treated for a brain tumor and is not expected to return to the Senate until next year. According to William V. Corr, director of the Campaign for Tobacco-Free Kids, the bill’s passage is “inevitable” with such strong support, even if it does not happen this year. Find out more here.

U.S. House Passes Anti-Internet Sales PACT Act
The U.S. Congress passed the Prevent All Cigarette Trafficking (PACT) Act, HR 4081, by a 379-12 vote on September 10th. This is a revised version of the PACT Act that passed the full Senate unanimously several years ago, and is similar to a bill that passed the Senate Judiciary Committee earlier this year.  It is likely that Senate sponsors will try to get the House-passed bill adopted in the Senate by unanimous consent. If there is no Senate passage this year, the strong vote for the bill in the House and the strong support for the legislation in the Senate makes it likely that some version of the bill will pass into law next session.  To view a  copy of the House PACT Act click here.

State agency drafts rules for public smoking ban (NE)
Nebraska’s new smokefree law is still eight months away, but the Nebraska Department of Health and Human Services has already started planning for June 1, 2009, the day the smokefree law will take effect. The comprehensive ban will prohibit smoking in all indoor workplaces, including restaurants, bars, and gambling venues. To help Nebraskans prepare to go smoke free, the DHHS has created a new website, which includes information about the law, the harms of secondhand smoke, and cessation services available to Nebraskans. The proposed regulations include fines for both individuals and businesses violating the ban; however, individual violators are able to clear their record by enrolling in an approved cessation class. Click here for more information. Click here to read a press release from the Nebraska DHHS that provides the details of the new law.

L.A. council panel to consider ban on outdoor smoking at restaurants (CA)
Los Angeles lawmakers are considering a smokefree policy that would ban smoking within five feet of outdoor restaurant seating areas. Because the city does not allow smoking inside of restaurants, smokers have retreated to outdoor patios. Smoking has been banned in most public places in Los Angeles, and the proposed policy would further limit the places where smoking is permitted. Like a similar law passed in Burbank, California, the law would apply to sit-down dining establishments, but not to bars and nightclubs. City council members in Los Angeles are still in the fact-finding process to minimize the proposed policy’s financial impact on businesses in town. For more information, click here.

Cigarette smoking under fire (MA)
The Boston Public Health Commission recently gave unanimous preliminary approval for a measure that would ban cigarette sales at college campuses and pharmacies, impose tighter restrictions on smoking in outdoor public places, and would make hotel and inns in the city smoke-free. The proposed regulations would end sales of “blunt wraps”, which are marketed to youths, increase penalties for establishments that break the smokefree law, and would eventually prohibit smoking in cigar bars. While the city’s public health commission sees the proposal as a way to protect the health of city residents, owners of drugstores and cigar bars are up in arms about what they see as an unfair law that would unduly harm their businesses. Before the rules are implemented, there will be a public comment period and a public hearing. For more information, click here and here.

No-smoking era begins (PA)
On September 11, implementation of Pennsylvania’s smoking ban began. The law is the product of years of debates, which finally ended with a compromise among lawmakers to enact a state smokefree law that bans smoking in workplaces, including restaurants and most bars. The law exempts some businesses, such as casinos, hotels, tobacco shops, private lodges, and bars with low food sales. State officials are still examining the approximately 700 applications businesses have filed for exemptions. These establishments have a 45-day window to allow smoking while the state considers the applications. Click here to read more. Related: Enforcement issues cloud smoking ban - The state health department and local law enforcement will be responsible for enforcing the smokefree law. Click here for more information on Pennsylvania’s smoking ban enforcement strategy.

S.C. ends funding for anti-smoking (SC)
South Carolina will no longer be receiving state money to fund tobacco prevention and cessation programs. The state has spent $2 million over the past two years on tobacco control, far short of funding levels recommended by the Centers for Disease Control and Prevention. According to the Campaign for Tobacco-Free Kids, South Carolina and Connecticut are the only two states that do not fund tobacco prevention programs. The state quitline will be run with federal money, but other prevention programs are potentially facing termination. Click here for more information on the funding change. Click here for the Campaign for Tobacco-Free Kids report on last year’s tobacco prevention spending in South Carolina.

Biz finances survived AZ smoking ban (AZ)
A statewide study of the financial effects of a statewide smoking ban has confirmed that Arizona bars and restaurants have not had significant changes in sales in the year since the ban. While the study did not determine whether smoking rates have changed as a result of the smokefree law, sales tax data showed that sales have not been affected. The study, performed by W.P. Carey School of Business at Arizona State University, acknowledged that while overall sales have not changed, certain businesses have experienced financial hardship following the new law. Among businesses that allowed smoking prior to the ban, one in five had lower sales after the ban. The study notes that the law’s exemption allowing smoking on outdoor patios has been vital to the continuing success of certain businesses that have large outdoor seating areas. The report also discusses the possibility that businesses have had more business from nonsmokers who spend more time dining out now that establishments are smoke free. Find out more here.

Stalemate remains over workplace smoking ban (MI)
After falling just six votes short of the Michigan House majority needed to pass a state smokefree law, lawmakers will continue deliberations over exemptions within the proposed law. Earlier this year, the state House passed a version of the smokefree law that exempts casinos, smoke shops, and other businesses from the ban. The Senate passed a different version of the bill that contains no exemptions. For a law change to take effect, both legislative chambers must pass the same version of the bill. Once this happens, Governor Jennifer Granholm is expected to support either version of the smokefree law. Click here for more information.

New Report: Ballot Measure 3 will reduce smoking, save lives and save money in North Dakota (ND)
A report from the Campaign for Tobacco Free Kids describes the health benefits North Dakotans would receive by passing Ballot Measure 3 this Election Day. The ballot measure will allow voters to decide whether new bonus payments from the Master Settlement Agreement should be dedicated to tobacco prevention. The $15 million at stake in the vote has the potential to save 2,380 lives and secure $113 million in future health care savings from the benefits of tobacco prevention and cessation, according to the Tobacco Free Kids report. Click here to read highlights of the report, or click here to access the full version.

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International

India smoking ban 'has strong public support'
A survey of 1030 residents of Mumbai, New Delhi, Chennai and Kolkata showed strong support for smoking regulations, with 92% of respondents in support of smoking restrictions in workplaces and other public places. The poll, which was conducted by the Healis Sekhsaria Institute for Public Health in Mumbai, also found that 84% of those surveyed agreed that breathing secondhand smoke is a serious health hazard. This is encouraging, since smoking regulations will go into effect on October 2. Although laws are already in place to ban smoking in public and mass media tobacco advertising, enforcement has been ineffective because the rules defining smoking areas are ambiguous. According to public health officials, the new law eliminates the loopholes in the existing rules, and enforcement is expected to go more smoothly. Find out more here.

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