Legal

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Laws, policies and regulations: Key terms & concepts
The Tobacco Control Legal Consortium has updated the 2011 publication, “Laws, Policies and Regulations: Key Terms and Concepts.” The document aims to clarify differences between legislative and administrative terms such as laws, policies, rules and regulations, as well as illustrate a few of the most common ways federal, state, local and tribal governments use their power and authority to safeguard public health. Updates to the 2013 document include terms related to federal rules and regulations and ways citizens can contribute to the rulemaking process. Click here to view the document.

Altria owes California 'light' smokers $544 million, court told (CA)
The California Superior Court is deciding whether Altria Group Inc.’s Phillip Morris USA unit owes California Marlboro Light smokers $544 million in restitution. The case, which was brought on behalf of Californians who smoked “light” cigarettes from 1993 to 2001, faults Philip Morris for false advertising about the health risks and addictiveness of smoking. Prosecutors argue Philip Morris marketed and promoted low-tar/light cigarettes as less harmful than their full flavor counterparts. Philip Morris’s lawyers argue that advertising claims are accurate and smokers may unconsciously compensate for light cigarettes by puffing harder or smoking more compared to full flavor cigarettes. Click here to read more.

Court turns away challenge to tobacco-free prison (KY)
This month, a three-judge panel concluded the Kentucky Department of Corrections has the authority to ban cigarettes and smokeless tobacco products from prison facilities. The Kentucky Court of Appeals ruled that a 1952 law allowing the Corrections Commissioner to restrict an inmate’s smoking privileges, coupled with a 1992 statute, gives the Department of Corrections sufficient authority to ban cigarettes and smokeless tobacco from facilities. Kentucky began a tobacco-free prison policy in 2006, which was fully implemented in 2012. John Mills, a death row inmate sentenced to death in 1995, initially challenged the ban. Other states that prohibit smoking in prisons include California, Nebraska, and Arkansas. To read more, click here.

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