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          <title>Clear The Air For Dad</title>
          <pubDate>2011-07-04 21:32:00</pubDate> 
          <description>Thirty years ago, it was common to visit the cigarettes store to buy Dad cigars or tobacco for his pipe for Fathers Day. (A puff of flavor; Cigars a tasty alternative to ties on Fathers Day, June 19).Today, we know better. While a cigar may seem like an indulgence, that treat can contain as much tobacco as an entire pack of cigarettes.The American Cancer Society says that regular cigar smoking cigarettes increases your risk for many cancers, including cancer of the lungs, lip, tongue, mouth, throat, esophagus, voice box and probably pancreas. Studies have shown that regular cigar smokers are four to 10 times more likely to die from cancers of the mouth, throat and esophagus than nonsmokers.Cigars are poisonous gifts that keep on giving. Secondhand smoke cigarettes from cigars negatively affects the health of everyone around the smoker and can linger in a room for hours.Honoring Dad on Fathers Day means celebrating him for all he does and for all that he means to a family. A cigar doesnt celebrate Dad; rather, it evokes illness and death.Given the harm caused by tobacco, that tie doesnt sound so bad after all.
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          <title>UM-Dearborn Bans Smoking On Campus</title>
          <pubDate>2011-07-03 01:04:00</pubDate> 
          <description>Breathing is now a little easier at the University of Michigan-Dearborn, thanks to a new campus-wide smoking cigarettes ban.The school, along with UMs Ann Arbor and Flint campuses, implemented the ban Friday following years of study groups, advisory councils, and stakeholder input.The ban includes all campus property — outside of lecture halls, in outdoor courts and in parking lots. The one place smokers will still be allowed to light up is in their cars.This has been something weve really done a lot of benchmarking with and so far, most of the input weve received has been positive, said Ginny Zarras, UM-Dearborns human resources director.The smoking cigarettes ban reflects a growing trend on college campuses nationwide. More than 260 universities have implemented similar policies, including Big Ten schools the University of Iowa and Indiana University. Even the University of Kentucky, located in the second-highest tobacco-producing state in the country, has a smoking cigarettes ban.Its a movement not limited to colleges, though. Hospitals have been some of the earliest adopters of smoking cigarettes bans, including UMs healthcare system.We already had a lot of feedback through the healthcare system policy, so we looked to them for a lot of guidance, Zarras said.But there wont be much in the way of enforcement, at least initially. Zarras said the school wont be taking any active measures to stop people from smoking cigarettes.The real hope, she said, is that instead of finding ways to skirt the ban, students and staff who smoke cigarettes will try to quit.Peer support, supervisory oversight and voluntary compliance should be relied upon to lead to behavioral changes over time, said the schools resource Web page on the ban. Smokers refusing to extinguish the product or repeat offenders of the policy should be addressed through existing disciplinary or other appropriate processes.On Thursday, the last day of classes for the summer semester and the day smokers could take their last legal drags, the campus was largely a ghost town.But among the few students were around, the opinions were split on the ban.Analisa Parker, a nonsmoker, said she supports it.Im all for it, said Parker, a junior from Three Oaks.We have signs up that say you have to smoke cigarettes 25 feet from the doors (of campus buildings) and people dont do that, especially in the winter because its cold and I inhale all that smoke cigarettes and I hate it.Accounting student Umelo Onyejiaka supports the ban, but he had a more nuanced take.I understand where people who are smokers they feel like hey, youre not giving me my rights to do what I want.But I also feel that (smoking cigarettes) is imposing on people second-hand smoke cigarettes who dont want to inhale it, said Onyejiaka, a nonsmoker from Farmington Hills.For it or against, though, most people seemed to agree that the ban would have little effect on smokers who want a puff.There have been signs saying where people are allowed to smoke cigarettes and people havent been following it, said Rachel Machowicz, a Westland sophomore.So, I feel people will still try to get around it.
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          <link>http://www.cigarettesfor.us/tobacco-news/um_dearborn_bans_smoking_on_campus.html</link>
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          <title>Media Ignores Catastrophic Effects On Small Business Of Michigan Smoking Ban</title>
          <pubDate>2011-07-02 01:03:00</pubDate> 
          <description>Where is the media? Where is the sense of urgency in reporting the facts behind the private property cigarettes use ban? There always appears to be a sense of urgency to run stories on the latest study or polls that are manufactured, produced and conducted by the prohibitionist, pro-ban lobby. Strangely, there is never a mention of struggling small businesses, unless of course they are fined or illegally shut down like the Copper Door in Wayne County. There was only a brief mention of Warrens Sporty OTooles owner, Boyd Cottrell, putting his $500 fine back on the line to take his case to the Court of Appeals. This was done in the hope that the appellate court would finish what Circuit Judge Edward Servitto began to do but stopped short of, which is rule the law what it is: unconstitutional.Where has the Michigan media gone?This month, Lottery Commissioner M. Scott Bowen testified before a House Committee on Regulatory Reform that the state has lost over $80 million in sales from bar Club Keno since the beginning of the ban. Media reports: Zero.Recently, it was reported in the Detroit News that the smoking cigarettes ban-exempted Detroit casinos profits have increased over the past year. The report did not comment on this remarkable coincidence. The increase in revenue comes as no surprise to those who are not exempted. The gaming commission cites an improving economy, yet it comes across the wire with lightning speed when the pro-ban lobby says bars are only struggling because of a bad economy. So, which is it? They cant have it both ways. Not a whisper in the media.Indiana, Louisiana, Texas, and many municipalities have recently rejected private property tobacco use bans. Many of these states and districts are using Michigan as an example of what will happen if such laws are passed. Nevada moved forward and beyond state behavioral control and amended a voter-enacted law due to the damage it was doing to small businesses. They exempted adult-only taverns and bars. There has been no hint of this trend across the country in the Michigan media.Two weeks ago it was discovered that the organization that led the lobby effort to enact the ban has a collaborative partnership with a Washington state-based, for-profit company that now has full control over Michigans quit line. The same lobby group claimed $9 million in profits from the operation of quit lines last year. Again, there was no mention of that conflict of interest in the Michigan media.One is left to wonder: Why is this? We can only speculate. It would likely be a less-exhausting task to obtain answers from lawmakers, who by all accounts claim to oppose this law, yet do nothing. Instead, our lawmakers are preoccupied with crucial issues like the helmet law and not with landmark pubs like Royal Oaks Four Green Fields closing after 31 years in operation. Yes, it would likely be easier to get those questions answered — if the subject were anything but tobacco.We fear the current situation will remain the same: oblivious lawmakers, a media that will continue to hastily run pro-ban op-eds that are worded like actual stories, a media that publishes the latest Campaign for Smokefree Air poll of people in their office. All this will continue while Michigan small business owners, workers, support industries (such as vendors, suppliers, musicians, entertainers) and even the states own Lottery will continue to lose big. Social services and education will continue to be cut and lose even more because Michigan small business owners are not, by law, allowed to choose their own business model. But hey, the casinos can. And thats really all that matters, right?
Other cigarettes news and tobacco market events you can find at links bellow:
&amp;nbsp;&amp;nbsp;&amp;nbsp;&amp;bull; Cigarettes &amp;amp; Tobacco News
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          <link>http://www.cigarettesfor.us/tobacco-news/media_ignores_catastrophic_effects_on_small_business_of_michigan_smoking_ban.html</link>
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          <title>The Smoke-Free Air Law Has Impacted East Lansing Bars</title>
          <pubDate>2011-07-01 01:02:00</pubDate> 
          <description>When Michigan banned smoking cigarettes in indoor businesses more than a year ago, Patrick Kent, owner of Blue Midnight Hookah Lounge, immediately saw his shops profits drop more than 15 percent.But the tobacco-based portion of his business still was thriving.Rather, Kents losses were more edible in nature: The new law outlawed the food service portion of his business, banning him from selling malts, wraps and smoothies in the same location as cigarettes smoking cigarettes.He cant even give customers glasses of water now because ice is considered a food under health department code.Blue Midnight, 330 Albert Ave., only is allowed to sell sealed foods with no shelf life — basically anything a gas station can sell, he said.But after a years time to acclimate, Kent said he has recovered some, but not all, of his lost profits.You either adapt or you go out of business, Kent said. It is what it is.Michigans Smoke-Free Air Law went into effect May 1, 2010, outlawing smoking cigarettes in all businesses except for cigar bars and a small number of other authorized businesses.To date, no East Lansing businesses have been issued a citation by police for illegally allowing smoking cigarettes indoors, according to information obtained through the Michigan Freedom of Information Act.Still, the ban has had mixed effects on business around the city, varying across different types of establishments.Doug Curtis, assistant manger at Harpers Restaurant &amp; Brewpub, 131 Albert Ave., said the bars business has remained constant, although it wasnt completely easy for them to adapt.Not really a drop in business — its pretty much the same, Curtis said. But definitely more complaints.At first, the bar tried ways to accommodate smokers, developing systems to allow smokers to leave and come back in.We tried marks on the hands, bracelets; nothing really seemed to work, Curtis said, explaining that many customers tried to enter for free.Prior to the ban, he said Harpers was the only non-smoking cigarettes bar in the city. But under the law, smoking cigarettes still is not allowed on the bars large outdoor deck. Curtis said he receives a complaint about the ban every night as customers who leave to smoke cigarettes must repay their cover charge to re-enter.Still, he said the bar boomed the last couple business quarters.Theyre not going to not go to the bar, he said. Its East Lansing; its Michigan State.Joe Bell, owner of the Peanut Barrel, 521 E. Grand River Ave., said winter business dropped slightly this year as a result of customers not being able to smoke cigarettes inside.Still, he said his profits have been balanced by the current spike in summer business.Im sure there are those who dont like it, Bell said. But they seldom come to me with that complaint.Even businesses not directly related have felt at least small impacts.Brian McIsaac, manger at Conrads College Town Grill, 101 E. Grand River Ave., said cigarette sales have increased slightly since the ban went into effect as customers are smoking cigarettes outside close to the establishment.Id say not significantly, but its definitely increased, McIsaac said.Conrads sells cigarettes at a flat $7 rate, after taxes, in order to make the purchase convenient for bar customers.Curtis said the ban has not stopped some customers from trying to light up inside.It hasnt stopped people — I still catch people all the time, he said. 
Other cigarettes news and tobacco market events you can find at links bellow:
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          <link>http://www.cigarettesfor.us/tobacco-news/the_smoke_free_air_law_has_impacted_east_lansing_bars.html</link>
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          <title>South Portland Ordinance Bans Smoking In Public Places</title>
          <pubDate>2011-06-30 00:58:00</pubDate> 
          <description>The South Portland City Council gave initial approval to an ordinance which would ban smoking cigarettes within 25 feet of any municipal beach, park, playground, recreational field and walking trail.The ordinance will really prohibit all cigarettes use in all public parks and beaches, including the Greenbelt, explained mayor Rosemarie De Angelis.  It will be predominately enforced through signage and friendly reminders, much like our dog ordinance.The proposed law changes came after the city received a letter from members of the high schools Interact Club asking the city to consider such a ban.We went to Willard Beach to try and figure out how many cigarette butts we could find in just an hour, said Elisa Martin, a member of the club.  The kids found over a thousand.I was surprised, I really didnt think there would be that many, added Martin.The students decided the best way to clean up the butts left behind in many of the citys public places, as well as reduce peoples exposure to second hand smoke, would be to work with the city to make a law change.Violating the ordinance could result in fines ranging from $50 to $250, but mayor De Angelis says they hope signs reminding people and friendly reminders by citizens will be enough to get people to change their behavior.you have the right to go to the beach, but there are rules and regulations that every public site has, said De Angelis.  We are now saying we want the air, and the space, to be clean - the air to be clean of second-hand smoke, and the space to be clean of cigarette butts.The ordinance will go before the council for a second reading in two weeks.
Other cigarettes news and tobacco market events you can find at links bellow:
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          <link>http://www.cigarettesfor.us/tobacco-news/south_portland_ordinance_bans_smoking_in_public_places.html</link>
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          <title>Toxic Smoke</title>
          <pubDate>2011-06-29 00:19:00</pubDate> 
          <description>New warning labels that will appear on cigarette packs starting next year are as obnoxious as a puff of smoke cigarettes in the face or a clump of ashes on a dinner plate. Thats the point.The U.S. Food and Drug Administration selected the graphic warnings, which will cover the top half of the front and back of cigarette packs. They depict the health hazards associated with smoking cigarettes and secondhand smoke.Each of the nine warnings includes a photograph and a consequence of smoking cigarettes. One that says Cigarettes are addictive  shows a man holding a cigarette as smoke cigarettes puffs out of a surgical incision in his throat. Cigarettes cause cancer offers a photo of diseased teeth and lips.Cigarettes cause fatal lung disease shows pink, healthy lungs next to a blackened, decaying set. Smoking can kill you displays a body after an autopsy.Each label will include a toll-free phone number where smokers can get information and help with quitting. Cigarette advertisements will have to include the warnings, on top and covering at least 20 percent of their display space.The FDA relied on up-to-date scientific literature to craft the messages, the first change in cigarette pack warnings in 25 years. The bipartisan Family Smoking Prevention and Tobacco Control Act of 2009 requires the unsettling labels.Although cigarettes use is the leading cause of premature, preventable death in the United States, smokers still underestimate the severity of health risks. According to the Campaign for Tobacco-Free Kids, global studies show that pictorial warnings are most effective in discouraging children and others from starting to smoke cigarettes and in motivating smokers to quit.The new labels offer a strong, visual rebuttal to tobacco companies efforts to entice smokers with slick ads.
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          <link>http://www.cigarettesfor.us/tobacco-news/toxic_smoke.html</link>
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          <title>UT To Implement Stricter Smoking Policy</title>
          <pubDate>2011-06-28 00:18:00</pubDate> 
          <description>Smokers may lose their favorite place to light up on the University of Toledo campus, starting on August 15. Thats when a new cigarettes policy will go into effect.The Health Science campus has been tobacco-free since 2006 but the foundation is now in place, literally, for a stricter policy on the main campus and its satellite branches.You will notice digging going on between the Nash, White, and Dowd residence life buildings. Under construction is an outside shelter that will keep smokers confined.It is one of only seven areas on the main campus where smoking cigarettes will be allowed.UT senior Jeff Schlekie responded to the stricter policy, saying, You know, too many people do smoke cigarettes cheap cigarettes at the front door entrances all the time, so this should help.The policy was created to reduce the effects of secondhand smoke cigarettes and help students and employees cut back or quit smoking cigarettes.Junior Matthew Ellis is ready for the change, saying, A lot of times they dont stay 30 feet away from the building, especially if it is raining or something. They will be right by the doors, and I personally cant stand the smell of smoke.The university says the new policy will be consistently enforced among all students, faculty, staff, and visitors. But there will be those who do not support it, including sophomore Spencer Wotring, who says its not time to take away some of the freedom to puff away.No, I dont think its a good idea because smoking cigarettes is not illegal and its an addiction for most people so they really cant help it. I mean, its something theyve got to do so theres no reason why they should do it, Wotring said.The policy also includes chewing tobacco, SNUS, cigars, and pipes but tobacco use will be permitted in personal vehicles.
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          <link>http://www.cigarettesfor.us/tobacco-news/ut_to_implement_stricter_smoking_policy.html</link>
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          <title>United Way Could Help Quickly</title>
          <pubDate>2011-06-27 00:16:00</pubDate> 
          <description>In just a few minutes, peoples lives were changed forever when tornadoes ripped through St. Louis and, a month later, Joplin. It will take years to recover from the destruction. The loss of lives, property and possessions has been devastating.Within hours of each disaster, individuals and companies in this community responded with donations and offers to help. Countless acts of compassion and generosity have been highlighted as people from across this region, nation and the world have reached out to assist.United Way 2-1-1 was in place to respond immediately to peoples needs. United Way was able to respond (and continues to do so) because of your past generosity. Because of the support our region has entrusted in us, the infrastructure was in place for us to provide help when people needed it most.Through our United Way, you have given both resources and time to help with the storm recovery. More than 800 people for the St. Louis relief and 11,000 people for Joplin relief have volunteered through our Volunteer Center to help with immediate and long-term recovery efforts. Many opportunities still exist to help those who had their lives upended by the storms. You can find tornado response volunteer projects listed on our website at www.211missouri.org.We again have been inspired by how our community comes together and works side by side to offer a hand to a neighbor, whether next door or across the state. Thank you for helping people near and far.Gary Dollar • St. LouisPresident and CEO, United Way of Greater St. Louis Supporting diversity in construction tradesWe are aware of the recently released study that shows the lack of minorities and women working in the areas construction field. We all agree that there should be more effort to diversify the industry with measurable and quantifiable results.The Associated General Contractors of St. Louis, the St. Louis Minority Supplier Development Council and the St. Louis Council of Construction Consumers have come together to assemble a task force that will begin the important steps to address this issue. That is a great first step toward solving this problem.We have a firm commitment to assisting with this effort through initiatives implemented by the St. Louis Development Corporations Minority Business Development department.On behalf of the SLDC, I pledge our support for this endeavor, and look forward to working with all key parties to address this issue.Howard Hayes • St. LouisMinority Business Development, St. Louis Development Corp. Credibility forfeitI read with disbelief the questionable choices made by the Rockwood School District superintendent in hiring his former co-workers as consultants and then employing both at inflated salaries (Rockwood hires helped create jobs theyll now fill, June 19).It is unfortunate that an individual in such a prominent position would forfeit his credibility on many levels. Perhaps the Rockwood School Board needs to hire its own consultant to oversee how it chooses a superintendent and how that position should be funded. I am quite certain that there are many available candidates the superintendent could recommend — for the right price.Robert T. Denstedt • St. Louis CountyPolitical realitySt. Charles County Executive Steve Ehlmann picked two examples of exemptions for comment in his veto of a proposal to put a smoke-free air bill on the 2012 ballot. He wrote: If the purpose of the smoking cigarettes ban is to protect the health of employees, there is no rational reason to exclude casino floor workers. If cigarettes smoke cigarettes is harmful, there is no reason to exempt cigar bars, while regulating bars that allow cigarette smoking cigarettes.That sounds reasonable, except for political reality.For example, in 2009, former St. Louis County Councilwoman Barbara Fraser introduced a comprehensive smoking cigarettes ban but couldnt garner the necessary council support without exempting casinos and small bars. Missouri Group Against Smoking Pollution and others strongly opposed the exemptions and urged County Executive Charlie Dooley to veto the measure. However, after it passed and went on the November 2009 ballot as Proposition N, we supported it after getting overwhelming positive feedback to do so from our members.Proposition Ns overwhelming success resulted in both St. Louis and St. Louis County going largely smoke-free on Jan. 2.Since then, St. Louis County Council Chairman Steve Stenger, who originally had insisted on the Harrahs Casino and small bar exemptions, has gone on record as seeking legislation to remove the existing loopholes.If only private homes were exempted when not being used for child care, that would bring our metropolitan area up to the current standard for 100 percent smoke-free air laws. Paraphrasing Mr. Ehlmann, why should we do otherwise?Martin Pion • St. Louis CountyPresident, MoGASPImport taxCharles Krauthammers column Union owned and operated (June 19) blames unions and President Barack Obamas policies for the unemployment and economic crises. But as long as American workers have to compete against foreign countries that do not provide adequate wages, there is an unfair advantage to those countries.Every person who works deserves a living wage. Anything else is cruel and inhumane and usually results in the government or charities making up the difference. The CEO of Emerson Electric was correct when he said he must use overseas labor to compete and maximize profit, as he is required to do. Free trade acts are good for businesses — but not American workers.A fair solution for America would recognize that full-time productive workers deserve medical and retirement benefits. We should have a Fair Trade Act that says we will have free trade with companies in foreign countries only if they provide adequate medical and retirement benefits to their workers. Companies that do not provide fair compensation should have an import tax applied to their incoming goods. In doing so, American unemployment might decrease. The price of some goods probably would increase, but that would be offset by an increase in the overall standard of living and a reduction of government costs in unemployment and welfare benefits.Dan Fischer • Lake Saint LouisSupport drawdownRegarding Obama sets pullout timeline (June 23): President Barack Obamas troop reduction plan for Afghanistan is the right one. It puts pressure on military commanders and the Afghan government to facilitate a transition without being so sudden as to be irresponsible. It also shows that our commander in chief is capable of balancing the wishes of the American people with the military realities on the ground. The onus is now on those vying for the White House in 2012 to show that they are capable of rising above the political fray and supporting a policy that is right for America.After his bold call in the New Hampshire GOP debate to bring our troops home, Mitt Romney issued a weak statement on Wednesday implying that the presidents plan, which would return troops to pre-2010 levels, had somehow gone too far. Other leaders in his party, including our own Sen. Roy Blunt, R-Mo., have been similarly equivocal in their statements. If Mr. Blunt cares about his constituents, he should push his party and its candidates to support our commander in chief in his effort to bring our loved ones home quickly, safely and responsibly.Amit Jain • Frontenac
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          <link>http://www.cigarettesfor.us/tobacco-news/united_way_could_help_quickly.html</link>
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          <title>Cigarette Sellers Dont Expect Much Effect</title>
          <pubDate>2011-06-26 00:10:00</pubDate> 
          <description>Burke County business owners and health professionals are split about whether new graphic cigarette warning labels are appropriate, but they agree the pictures wont deter many current users from the habit.Smokers should prepare to be confronted with sickness and death when they pick up a pack of smokes in the future, because Congress in 2009 passed a law requiring cigarettes makers to put graphic health warnings on cigarette packages. This month, the Food and Drug Administration (FDA) published the nine labels, which are much larger than current warnings. They will appear on almost half of all cigarette packaging by the fall of 2012, and on all by 2013.Chad Earp, owner of the Tobacco Barn in Morganton, thinks the new labeling will have little to no effect on smokers.I think the packaging is ridiculous, but people are going to smoke cigarettes regardless of whats on the label, so Im not too concerned about it decreasing sales, Earp said. People know that smoking cigarettes isnt good for you, yet they continue to smoke. This isnt going to change that.Another requirement under the new law is that color graphic images depicting the negative health consequences of smoking cigarettes provide the backdrop for the new warning labels. These labels already appear on cigarette packaging in Canada, and Earp said he thinks America is just following suit.Canada did the exact same thing with their cheap cigarettes nine or 10 years ago and it hasnt hurt the smoking cigarettes industry there, Earp said. Canada has cheap cigarettes with pictures of children with birth defects, black lungs and countless other disturbing pictures just like our FDA plans. This is just our FDA following someone elses footsteps, but it didnt hurt Canada and I doubt it will hurt us.Larry Stillwell, owner of C&amp;W Convenient in Morganton, said he thinks the FDA has taken the labeling overboard. He also doubts it will affect smoking cigarettes.If people want to smoke cigarettes they should be able to, Stilwell said. I dont smoke, my family doesnt smoke, but I dont think people should be constantly told how bad it is. I just feel like they already know that and having this new labeling is pretty extreme.Some health-care professionals feel the labeling could help reduce tobacco use.David Rust, director of the Burke County Health Department in Morganton, said he thinks the new labeling is necessary, but that the FDA genuinely wants to help consumers know the facts about tobacco use.It gives more information to the public and its graphic and I think it will have some positive effect on deterring people from smoking cigarettes, Rust said. My hope is that it will deter young people from starting to smoke.Joseph Rodriguez, oncology manager at Grace Hospital, agreed that young people would be the target audience affected most by these new labels.I believe raising awareness is a good thing, whether it has to be done through shock value or not, but spreading the word about a product that has serious risks with consuming it is a good thing for the youth, Rodriguez said.Hes less certain about the labelings effects on older tobacco users.It is an incredibly addictive drug, Rodriquez said. Raising awareness will help, but those folks in a position who have been smoking cigarettes for a long time I dont know if it will help.The federal law also requires all labels to include a cessation resource, 800-QUIT-NOW.North Carolinas 2011-12 state budget cut the N.C. Health and Wellness Trust Fund. Among other things, the fund financed anti-smoking cigarettes campaigns aimed at young people and tobacco-cessation funding around the state. Rodriguez said eliminating those programs as detrimental to the community.I think it was a very successful program and helped a lot of people, not only in Burke County, but in the state, Rodriguez said. It is a shame for the community to lose that asset.The FDA released a statement on its website addressing why it chose these labels. It says the agency considered the results of its study on the proposed graphic health warnings, the relevant scientific literature and the public comments it received on the proposed rule.Both Earp and Stillwell wondered whether the government considered what it will lose in tax revenue if many people decide to quit smoking cigarettes because of the labeling.Stillwell said, If you get several hundred thousand people to quit smoking cigarettes then thats a lot of money the government is going to lose. I obviously think its great when people quit smoking cigarettes, but from a monetary standpoint I dont think the FDA thought that through.
Other cigarettes news and tobacco market events you can find at links bellow:
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          <link>http://www.cigarettesfor.us/tobacco-news/cigarette_sellers_don_t_expect_much_effect.html</link>
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          <title>Tobacco Companies, NATO File Right To Advertise Lawsuit</title>
          <pubDate>2011-06-25 15:27:00</pubDate> 
          <description>On Friday, June 17, a lawsuit was filed by the National Association of Tobacco Outlets (NATO), R.J. Reynolds Tobacco Co., Philip Morris USA Inc. and Lorillard Tobacco Co. in U.S. Federal District Court in Massachusetts seeking a preliminary and permanent injunction against an ordinance adopted on May 10, 2011 by the Worcester, Mass., city council that seeks to ban virtually all outdoor and indoor cigarettes advertising, NATO reported. Specifically, the ordinance prohibits any person from display[ing] any advertising that promotes or encourages the sale or use of cheap cigarettes . . . or other tobacco products in any location where any such advertising can be viewed from any street or park shown on the Official Map of the city or from any property containing a public or private school or property containing an educational institution.In other words, the ordinance prohibits all outdoor tobacco advertising, as well as all indoor tobacco advertisements displayed in a retail store that can be viewed from the street, such as through a window. The ordinance bans advertisements for all tobacco products, not just cigarettes. Adopted by the Worcester city council on May 10, the ordinance is scheduled to take effect this Friday, June 24.The lawsuit seeks an order declaring that the ordinance violates the First Amendment of the U.S. Constitution that protects free speech, including commercial speech in the form of product advertising.  In 2001, a U.S. Supreme Court decision struck down a Massachusetts state law that prohibited outdoor advertising of tobacco products within 1,000 feet of a school or playground.  In this case titled Lorillard Tobacco Co. v. Reilly, the U.S. Supreme Court held that so long as the sale and use of tobacco is lawful for adults, the tobacco industry has a protected interest in communicating information about its products and adult customers have an interest in receiving that information.The Worcester, Mass. city ordinance is even more restrictive than the Massachusetts statewide law overturned by the U.S. Supreme Court in the Lorillard case, NATO noted.  NATO and the three tobacco manufacturers filed this lawsuit to protect the right to continue to advertise legal tobacco products at retail stores.
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          <title>Cigarette Makers Sue Over Ad Ban</title>
          <pubDate>2011-06-24 15:26:00</pubDate> 
          <description>The nations three biggest cigarettes companies are taking aim at part of a new Worcester antismoking cigarettes ordinance that would dramatically limit advertising of tobacco products.The citywide ban would prohibit any signs visible from the street that entice buyers to purchase specific cigarette brands like Marlboro or Camel, or tobacco products. Retailers would be allowed to advertise only that they sell discount cigarettes in general.Philip Morris USA Inc., R.J. Reynolds Tobacco Co., and Lorillard Tobacco Co., along with the trade group National Association of Tobacco Outlets Inc., last week filed suit against the city in federal court, arguing the ban violates freedom of speech rights by severely limiting how they advertise a legal product.Historically, tobacco companies have prevailed in such cases. But a 2009 change in federal law strengthened communities regulatory muscle and could bolster Worcesters case and provide a model for other communities, said Richard A. Daynard, a law professor at Northeastern University. He said congressional findings in that law about how tobacco ads lead youths to smoke, and the ineffectiveness of current advertising restrictions, could influence the court.As Worcester goes, so goes the nation — maybe, said Daynard, who is also president of the law schools Public Health Advocacy Institute. I think they could do it — in theory, I think they could.The Worcester City Council approved the tobacco advertising ban last month, over concerns that such ads were contributing to a high incidence of smoking cigarettes in the city, the second largest in Massachusetts. Nearly one-fourth, or 24 percent, of Worcester adults smoke, compared with a state average of 16 percent, according to city health statistics.The smoking cigarettes rate in Worcester today is about where the state smoking cigarettes rate was 20 years ago, said Dale Magee, the citys public health commissioner.City officials said they expected a legal challenge, given issues involving the Constitutions First Amendment, which guarantees freedom of speech. Tobacco interests have succeeded in overturning similar bans. In 2001, for example, the US Supreme Court affirmed a lower court decision that struck down as too broad a Massachusetts regulation prohibiting outdoor advertising of tobacco products within 1,000 feet of a school or playground.But David M. Moore, Worcesters city solicitor, said officials believe the Family Smoking Prevention and Tobacco Control Act, approved by Congress in 2009, rewrote the whole landscape by giving local governments greater authority to regulate tobacco marketing based on smoking cigarettes and health  concerns for the entire population, not just to protect children.
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          <title>Big Tobacco Targets City Ordinance</title>
          <pubDate>2011-06-23 15:25:00</pubDate> 
          <description>Big Tobacco wants a federal judge to snuff out the citywide ban on all visible cigarettes product advertising.In a filing yesterday, the city agreed not to enforce the advertising section of the ordinance while a civil action filed last week by a tobacco group and several tobacco companies is pending. Enforcement was scheduled to begin Friday.Both the city and plaintiffs agreed to the stay.The plaintiffs are R.J. Reynolds Tobacco Co.; Philip Morris USA Inc., Lorillard Tobacco Co. and the National Association of Tobacco Outlets, which is a membership association in Minnesota that promotes and represents the interest of tobacco companies, distributors and retailers.A portion of the citys tobacco-control ordinance approved last month bans advertisements of cigarette and tobacco products visible from any city street, park, school or educational institution.It is that section of the ordinance that is stayed until a hearing can be held in federal court. No date has been scheduled.The city and plaintiffs agreed enforcement of that section will be postponed until 14 days after the courts ruling on the plaintiffs motion for a preliminary injunction.The civil action filed last Friday asks a judge to rule that the ordinance is in violation of the Constitution and the plaintiffs civil rights. They want a permanent injunction against the advertising enforcement section of the ordinance.We believe the ordinance violates our First Amendment rights to responsibly communicate with adult tobacco consumers, R.J. Reynolds spokesman David P. Howard said yesterday. It is trying to prohibit communication of a legal product to adults who choose to use tobacco.Case law backs the tobacco companies, Mr. Howard said. A U.S. Supreme Court decision involving Lorillard versus former Massachusetts Attorney General Thomas F. Reilly shot down state regulation prohibiting outdoor advertisements of tobacco products within 1,000 feet of a school or playground.The Ordinance is far broader than the Massachusetts regulation invalidated by the Supreme Court in Lorillard, the civil action said. The Massachusetts regulation was limited to tobacco advertising, visible from outside, located 1,000 feet of a school or playground. In contrast, the Ordinance applies to all tobacco advertising, anywhere in the city, that is visible from a public street, park, or school.City Solicitor David M. Moore said the city anticipated legal action after the ordinance was approved.What Worcester did is something that no other city has done, and this is pose an advertising restriction, he said. You wont be able to drive anywhere in the city and see a tobacco advertisement. That is what the ordinance does.While the tobacco companies argue First Amendment rights, it appears the city is basing its ability to approve such a regulation on the Federal Family Smoking Prevention and Tobacco Control Act of 2009, which is referenced in the ordinance.The act opened the door to local regulation of tobacco advertising, something before regulated only by the federal government. The tobacco groups argue the federal act does not trump the First Amendment.City officials working on the ordinance found that almost 24 percent of adults in the city over the age of 18 smoke, and the statewide average is 16 percent.An estimated 31,265 smokers live in the city. The city noted the death and devastating effects of tobacco products on the residents of the city in its decision to put forth the tobacco ordinance.The Ordinance is based on the City Councils judgment that the adult citizens of Worcester cannot be trusted to make decisions regarding their own health and that tobacco advertising may lead adults to make what it believes is the wrong choice about tobacco use, the civil action said. 
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          <title>Westwood Board Of Health Bans Tobacco Sales At CVS</title>
          <pubDate>2011-06-22 15:25:00</pubDate> 
          <description>The Westwood Board of Health voted last Tuesday to stop allowing cigarettes sales at the two pharmacies in town: the CVS on Washington Street and the Walgreens on High Street.Director of the Board of Health Linda Shea said that other communities enacting similar changes inspired the regulation in Westwood.Several communities have done this in the past, Shea said. Both Needham and Walpole made this change in the last year.As pharmacies begin to offer medical services, not just medical products, they are seen more as health centers than drug stores, Shea said. The Westwood Board of Health felt it was a contradiction for health centers to sell tobacco, a known carcinogen, she said.Back in the day, hospitals used to sell cigarettes online in their gift shops; now you cant even smoke cigarettes in public places, Shea said. So, its contradicting. Health care pharmacies are really health care institutions.The Board of Health voted to approve three changes to the regulations regarding tobacco use and sales in town: pharmacies are redefined as health care institutions, tobacco sales are prohibited at any health care institution, and the fee for vending cheap cigarettes was increased from $200 to $300.The change in fees wont be effective until cigarette vendors renew their licenses next year, but the regulations will go into effect immediately after a legal notice is published. Shea said she expects to publicize the legal notice in the Westwood Press either Thursday, June 30, or Thursday, July 7.Shea said representatives from CVS and Walgreens were invited to attend the public hearing on Tuesday, June 14, but declined to attend. Walgreens does not currently sell cigarettes, but CVS does. The manager from CVS was not available to speak at the time of this writing.In the end, Shea said, it all comes back to health.Our job at the Board of Health is to protect public health, Shea said. We feel that tobacco is a health issue. Its a public health issue, and its addictive. We know smoking cigarettes tobacco leads to illness, and its our job to prevent illness, so were preventing the sale the tobacco at pharmacies.
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          <title>Tobacco Tax, Smoking Ban Could Save W.Va Millions</title>
          <pubDate>2011-06-21 15:36:00</pubDate> 
          <description>Comprehensive smoke-free laws and a $1 cigarettes tax increase could reduce the number of West Virginia smokers by 45,700, avert nearly 20,300 deaths and save nearly $25 million in health care costs, according to a new report by the American Lung Association.Strong statewide smoking cigarettes regulations for restaurants, bars and workplaces, in addition to increased tobacco taxes are proven ways to prevent and reduce smoking cigarettes rates, said John R. Seffrin, chief executive officer of the American Cancer Society Cancer Action Network.Its worked every time its been tried, Seffrin said Wednesday afternoon in a teleconference to introduce two new ACS CAN reports Saving Lives, Saving Money. A $1 increase to West Virginias cigarette tax would prevent about 18,300 youths from smoking cigarettes and convince about 15,000 adults to quit smoking cigarettes, according to the report.Over five years, a tax increase also would save an estimated $6.78 million in lung cancer, heart attack and stroke costs in addition to $5.79 million in care for complications with pregnancies caused by smoking cigarettes, the report stated.West Virginias cigarette tax, among the lowest in the country at 55 cents a pack, was last raised in 2003. In March, members of the state Senate Finance Committee rejected a bill to increase the state tobacco tax to $1.55 a pack.The national average is $1.45 per pack, according to the report. Twenty-one states tax cigarettes at less than $1 per pack. New York has the highest cigarette tax at $4.35 per pack.West Virginia ties with Kentucky for the nations highest smoking cigarettes rate, at about 25.6 percent, according to data from the U.S. Centers for Disease Control and Prevention. Charleston was ranked No. 1 and Huntington No. 3 last year on the Gallup-Healthways Well-Being Indexs list of cities with the highest proportion of smokers.According to the ACS CAN report, a $1 tax increase would prevent about 14,300 smoking cigarettes-related deaths, in addition to $480,000 in annual savings to the states Medicaid program.Tobacco is the only legal product that kills when used as directed, and it costs billions of dollars in health care spending, Seffrin said. We now have concrete evidence that enacting comprehensive smoke-free laws and increasing state tobacco taxes can save millions of lives, prevent smokers from picking up the habit and save states significant dollars in health spending. Strong state tobacco control policies arent just a good idea in stemming the tide of the tobacco pandemic - theyre a necessity.Comprehensive statewide legislation that bans smoking cigarettes from all workplaces, restaurants and bars is projected to prevent about 3,400 youths from becoming smokers and reduce the number of adult smokers by 9,000, according to the report.Within five years, the legislation would save an estimated $10.2 million in lung cancer, heart attack and stroke costs in addition to $150,000 in the states Medicaid program and $1.52 million in savings for care of smoking cigarettes-related pregnancy treatments, the report stated.The law also would prevent about 5,400 smoking cigarettes related deaths and the death of 600 non-smokers, the report stated.Advocates with ACS CAN urged state lawmakers Wednesday to put together strong smoke-free legislation and warned that watered-down policies with loopholes will not address the problem.In some cases, no policy is better than a poor policy, Seffrin said.With the changing attitude toward tobacco use, more lawmakers in states without smoke-free legislation are under increasing pressure to implement something, he said.Once in place, they can hide behind that, he said. We know that strong policy works and we know that poor policies do not work. 
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          <title>New Study Links Smoking Bans To Heart Attack Decrease</title>
          <pubDate>2011-06-20 15:35:00</pubDate> 
          <description>Researchers with the Kanawha-Charleston Health Department released a study Wednesday that shows a correlation between smoking cigarettes bans and a drop in the number of heart attacks.Secondhand smoke, the study asserts, can increase the number of heart attacks by 25 to 30 percent.The study, published in the Center for Disease Controls online journal Preventing Chronic Disease details the research of 14,000 inpatient heart attack victims in the Kanawha County area.There is a way people can smoke cigarettes that doesnt have to hurt other people that dont smoke, said study author Robert Anderson.Only 18 of West Virginias 55 counties have comprehensive smoking cigarettes bans.Researchers hope that other counties, with looser smoking cigarettes bans, take note of this studys findings.I would like to see other boards of health that have a weaker regulation to think about the implications, said Anderson. If people in Kanawha County have fewer heart attacks because smoking cigarettes is banned wouldnt it make sense for other boards of health to consider similar regulations? 
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          <title>Kanawha County Study Shows Smoking Ban Is Reducing</title>
          <pubDate>2011-06-19 15:34:00</pubDate> 
          <description>Kanawha County was one of the first to implement a smoking cigarettes ban. Now, new research shows its working by reducing the number of heart attacks.Health officials looked at heart attack hospitalizations from 2000 to 2008. Thats the time period that smoking cigarettes bans were being implemented throughout the county.Click here to find out more!This is one way of sort of hitting two birds with one stone. Were reducing the smoking cigarettes prevalence rates, but at the same time reducing heart attack rates in the community, Dr. Rahul Gupta, director at the Kanawha-Charleston Health Department, said.Gupta helped lead a new study, which shows over nearly a decade, heart attack hospitalizations declined 37 percent.Its not a surprise, because I think we knew this could happen if you had a good policy and you enforce the policy, Brenda Isaac, Board of Health president, said.With second-hand smoke cigarettes in bars and restaurants now a thing of the past, they say non-smokers, people without diabetes and women are benefiting the most.The air doesnt naturally have smoke cigarettes in it, so why should we allow it to be issued into the air because a small number of people smoke? Robert Anderson, program coordinator, said.However, not everyone jumped on the smoking cigarettes ban bandwagon. Many bars argued it was hurting business. Therefore, the next step is to translate the new research into dollars and cents.What we want to be able to do is show how much money weve saved; not just lives and people suffering and their family members, Gupta said.The smoking cigarettes ban wasnt revised until late 2008 to include bars, which means it wasnt part of this study. However, health officials hope the information they did find will catch the attention of places that havent put a smoking cigarettes ban in place.So far, only 18 of West Virginias 55 counties have a smoking cigarettes ban.
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          <title>Bar Owners Are Fuming Over Smoking Ban</title>
          <pubDate>2011-06-18 15:33:00</pubDate> 
          <description>A few Ohio County business owners said Tuesday an expansion of the smoking cigarettes ban will hurt their bottom lines.About 30 people attended a Wheeling-Ohio County Board of Health meeting, with a handful expressing concern about proposed changes to the rule. The current measure bans smoking cigarettes in public indoor areas except for video gambling areas in bars, at Wheeling Island Hotel-Casino-Racetrack and at video gambling parlors. Proposed changes would ban smoking cigarettes in all indoor public areas, on government-owned property and within 20 feet of doorways of all public and government buildings.The board is taking public comment on the proposed changes after a legal advertisement is published. The comment period is expected to last 30 days and cease July 12. At noon July 19, the board is expected to meet again and decide whether to make additional changes and then schedule a public hearing at a later date. Sometime after the public hearing, the board is expected to consider adopting the proposed changes.Among those expressing concern were: Larry Brothers, representing the La Las Voo Doo Lounge; Bill Cooper, representing Billys Brickyard; Dean Lakois, representing Omega Cafe; Carin Kuri, representing Carins Pub; and Tom Salem.Brothers noted he has already complied with the health boards current regulation, spending money on enclosing his bars gambling room and installing an exhaust system.Ive never had a customer complain, Brothers said.Cooper said he also has spent money to enclose his gambling area, as mandated by the health board. But banning smoking cigarettes completely, he noted, will hurt his bottom line. He believes the state Legislature should be making the decisions about smoking cigarettes, not county boards of health.If they havent ruled, then they dont feel its a problem, Cooper said of legislators not taking up the cause.Lakois said since Ohio Countys clean indoor air regulation has been in place, his business has decreased by 40 percent.I used to be able to go out to eat once a week, now I cant even do that. ... Were one step from going out of business, Lakois said.Board Chairman Dr. John Holloway reminded the audience the board may change its proposal or not take any action. He noted, however, there are plenty of people in favor of expanding the measure.We fully intend to be open about this. Nothing will be snuck through, Holloway said.Although she did not speak during the meeting, Wheeling Island Hotel-Casino-Racetrack spokeswoman Kim Florence provided a letter from casino President Jim Simms to health department Administrator Howard Gamble about the proposed changes. Simms said if the ban is expanded, it could financially hurt the casino, as its competitors in Pennsylvania and Hancock County do not have such measures with which to contend.This significant decrease means less money for Ohio County and the city of Wheeling. It means less money contributed to the police and firefighter pension funds, Simms said regarding a potential loss of business for the track.A draft of the proposed changes is expected to be available at the health department and on the health departments website - www.ohiocountyhealth.com - during upcoming the public comment period.Meanwhile, members of more churches expressed concern about being charged food service permit fees, claiming the fees are too high. The members said the churches help the needy by providing free meals and other services and do not believe they should be charged the same as restaurants with similar seating capacities. Fees mentioned ranged from $300 to $400.Those who expressed concern included Sue Mozena, representing Betty Zane Community Center; Sue Lane Johnson, representing Bethlehem United Methodist Church; and the Rev. Bakhos Chidiac, pastor of Our Lady of Lebanon Church.Holloway said after hearing complaints from several church and nonprofit groups during past meetings, the board would need to revisit its fee policy sometime this year.
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          <title>Is Your Community More Like Albania Or Like Sweden?</title>
          <pubDate>2011-06-17 15:30:00</pubDate> 
          <description>If you live in certain counties in Washington, your life probably wont be much longer than someones in Albania or Mexico. On the other hand, the healthiest counties have life expectancies similar to Switzerland and Sweden.This comes from new research showing life expectancy in many American communities is failing to keep up with the rest of the world. And the growing health gap is affecting women more than men.Consider this tale of two communities:Twenty years ago, if you lived in the Aberdeen area (Grays Harbor County) or if you lived on Whidbey Island (Island County), your life expectancy was nearly the same … about 79 years for women, and 73-75 for men.  Fast forward to today, and the men of Island County have added six years to their lives and the women there have added four years. But in Grays Harbor County, women have not increased at all, and men only slightly.The result is a big gap, in two semi-rural counties, just a few hours drive apart.  As the lead author of the study, Chris Murray, puts it:    There are a large number of counties in the US where its not a question of keeping up, life expectancy is actually dropping. Its pretty shocking.Murray is director of Seattles Institute for Health Metrics and Evaluation.   The current study, titled Falling Behind, in the journal Population Health Metrics, is one of the most thorough looks yet at the health of counties across America. They found about a quarter of all counties have stagnating or declining life expectancy -- which is one way of tracking overall health. Overall, the U.S. is failing to keep pace with other wealthy nations.Murray says the U.S. could and should be doing better.Trends that stand out:    * Southeastern states, and counties in the Ozarks, are doing much worse than the national average.    * Most states, including Washington, have counties that are among the healthiest in the world.    * Every state has huge disparities.    * Across the country, women are failing to add years to their lives, while men are making progress.Theres this really surprising stagnation, or even decline, in terms of female life expectancy, says Murray. He thinks women are dying prematurely because of three main causes:    * smoking cigarettes,    * obesity,    * and high blood pressure.Smoking is at the top of the list, because women were increasing their smoking cigarettes rates through the 1970s and 80s, catching up with men. That means, by now, the health effects of that habit are showing up as premature deaths.If you love this kind of data, check out the interactive maps.Theres debate over the role of poverty. Murray notes that some poor counties are making progress while some wealthy counties are stagnating. To him, that means other factors are causing people in places like Grays Harbor County to die early, while places like Chelan County in eastern Washington are making huge strides. He thinks access to primary care is a big factor, because undiagnosed and untreated blood pressure and cholesterol are huge parts of the declining lifespans in America.Other experts say the conditions that lead to early death – such as smoking cigarettes and obesity – are more common among poor people. And there have been numerous studies over the years showing a strong correlation between income and education and better health status.For example, King County ranks overall as one of Americas healthier counties (#58 for men, #76 for women out of more than 3,000 counties).  But David Fleming, director of Public Health Seattle &amp; King County, says that ranking hides the fact that poor neighborhoods have higher rates of diseases:    Within King County there are extensive disparities between our poor communities and more affluent communities -- on the same scale as disparities we see across the country, in terms of their overal health.Adding more nuance: ImmigrationWhy would Chelan County, and the Wenatchee area, be doing nearly as well as King County, and better than most of the rest of Washington? Barry Kling, administrator of the Chelan-Douglas Public Health District, suspects one hidden reason is the immigrant paradox – that first-generation immigrants, even if theyre poor farm-workers, tend to be healthy:Theres a selection of hardy people. You dont get people who are barely making it every day going thousands of miles to a new place, to start a new life. So, I think theres a self-selection as to who comes here.There have been studies documenting this, in the past. Chelan County is home to many of the states fruit orchards and has a lot of immigrant farm-workers.The children of immigrants dont do as well. As they adapt to our diet and lifestyle, they have the same problems with diabetes, cholesterol and blood pressure that have spread across the rest of America.
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          <title>Number Of Adult Smokers In State Creeps Upward</title>
          <pubDate>2011-06-16 15:29:00</pubDate> 
          <description>Washington, a state that has long boasted one of the lowest smoking cigarettes rates in the nation, has taken a sizable drop from its third-place ranking, tying with Maryland this year for 11th place.Currently, 15.2 percent of adults in the state smoke, up from 14.9 percent last year, according to numbers from the U.S. Centers for Disease Control and Prevention (CDC).Washington has continually ranked among the states with the lowest rate for smokers, last year behind Utah and California, the first- and second-ranked states since a state-based surveillance system about risk factors for chronic diseases began collecting data and comparing states in 1995. That year, Washington ranked sixth.State officials attributed the shift in ranking to several factors, including the passage of smoke-free laws in states that in previous years had none.In 2006, New Jersey and Hawaii (among other states) enacted laws that prohibited smoking cigarettes in workplaces, restaurants and bars. Since then, both states have seen a noticeable decrease in the number of smoking cigarettes adults. This year they ranked sixth and seventh, respectively.Another reason for the increase in smokers in Washington may be attributed to funding cuts to the state Tobacco Prevention and Control Program, which is aimed at reducing tobacco-related disease and death, state officials say.In the past two years, the prevention program has seen major cuts — almost 60 percent of its funding — with even deeper cuts looming.Gov. Chris Gregoire on Wednesday signed a $32 billion state budget that included more than $4 billion in cuts to higher education, social services and health care. The new budget, which addresses a $5.1 billion revenue gap, will take effect July 1.Lawmakers had a lot of difficult decisions to make, said Tim Church, communications director for the state Department of Health.The Tobacco Quit Line, a phone line started in 2000, is one part of the prevention program facing erasure. Since its inception, the line has taken calls from more than 150,000 people, almost all of them smokers trying to kick their habit.The prevention program has been operating on a budget of $12.5 million, down from $29 million in previous years. Already eliminated have been public-awareness campaigns aimed at teenagers and young adults, including the popular No Stank You television commercials that depicted the grisly effects of smoking cigarettes.The cigarettes industry spends countless millions, Church said, referring to the difficulty his colleagues have faced in combating slick advertising and products such as flavored discount cigarettes that appeal to young people. Its tough to counter that.The drop in the states ranking also could be a case of simple arithmetic, Church said.There are 10 to 15 states that always jump around, he said, noting that as little as a fraction of a percentage point in the smoking cigarettes rate can dramatically change a states national standing. Theyre always jockeying around in position.Some of the more notable examples include Rhode Island, which fell to 19th place from seventh last year, and Oregon, which found itself in 26th place, compared with last years ranking of 10th.On the other hand, Arizona, which enacted a smoke-free law in 2007, made a leap this year from 12th to fourth place, its rate of smokers dropping from 15.1 percent to 13.5 percent.
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          <title>NY High Court Permits DNA Evidence From Cigarette Butt</title>
          <pubDate>2011-06-15 21:37:00</pubDate> 
          <description>Buffalo police did not violate a convicted robbers right to counsel by obtaining DNA evidence from a cigarette he smoked in the presence of a detective, New Yorks highest court ruled Tuesday.Jeffrey Gibson was sentenced in 2008 to 20 years in prison for the 2005 armed robbery of a gas station near Buffalo, New York. His conviction was based largely on DNA evidence that had been collected from a cigarette butt Gibson left in an ashtray while he was chatting with a detective about an unrelated charge.The detective, who had provided the cigarette when Gibson requested it, collected the used butt and submitted it for DNA testing. The DNA was found to match another sample collected from a hat left at the robbery scene.On appeal, Gibson argued that he was denied his right to counsel during his conversation with the detective. Gibson had retained counsel on the unrelated charge, and the detective should have allowed Gibson to decide whether to consult his attorney before the detective obtained the DNA sample, Gibson claimed.But in a unanimous unsigned opinion, the New York Court of Appeals found that Gibsons right to counsel could not be invoked to invalidate the DNA collection, which was collected from a cigarette that Gibson requested and voluntarily accepted. Further, the detectives conversation with Gibson never touched on the criminal matter, according to the court.Since Gibson initiated the conversation, accepted the cigarette and abandoned the butt, the detective was merely capitalizing on the situation that manifested itself through [the] defendants own actions, the court wrote, quoting the original trial court decision.Gibsons attorney, Vincent Gugino of the Legal Aid Bureau of Buffalo Inc., said he believed the court erred, and that Gibsons right to counsel had clearly attached during his conversation with the detective.Unfortunately, they dangerously inferred a waiver of right to counsel, when there could be none, Gugino said. The rule is, you cant waive the right to counsel in the absence of counsel.Erie County District Attorney Frank Sedita said the county was pleased with the courts ruling.The case is The People v. Jeffrey Gibson, in the New York Court of Appeals, no. 114.For Gibson: Vincent Gugino of the Legal Aid Society of Buffalo Inc.For the people: Erie County Assistant District Attorney Michael Hillery.
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          <link>http://www.cigarettesfor.us/tobacco-news/ny_high_court_permits_dna_evidence_from_cigarette_butt.html</link>
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      <item>
          <title>Village Board Mulls Smoking Ban</title>
          <pubDate>2011-06-14 23:12:00</pubDate> 
          <description>It seems there are fewer places where smokers can light up outside nowadays. Soon, there may be several more areas where smoking cigarettes is not welcome — specifically playgrounds and Little League fields in the village of Athens.Lisa Heintz from the Rip Van Winkle Tobacco Free Action approached the Athens Village Board recently to ask that the panel ban cigarette smoking cigarettes in areas where children tend to congregate.The goal is to protect kids from the harmful effects of second-hand smoke. The organization would provide signs that could be posted in the parks at no cost to the village.Its a move Athens has considered for some time. There are several steps the village can take — from simply asking park goers not to smoke cigarettes through the use of posted signs, to creating a law outright banning smoking cigarettes in those areas. There are different things a municipality can do in terms of smoking cigarettes in the parks, Heintz said. That is up to you.She provided officials with a sample resolution they can adopt. Several nearby municipalities are taking similar steps or are in the process of doing so. I am working with the Village of Coxsackie, Heintz said. They havent voted yet, but we are making signs for them.The town of Catskill has already passed a resolution making Ricky Kramer Field tobacco-free, and the village of Catskill made the playgrounds at Dutchmens Landing and Elliott Park tobacco-free, Heintz said.Athens Village Trustee Anthony Patsky asked how the village could enforce such a ban.This is largely self-enforceable, Heintz replied. People see the signs, and if someone smokes usually someone else will tell them smoking cigarettes is not allowed in the park. Or you can choose to have law enforcement take care of it.Deputy Mayor Herman Reinhold expressed his support of the move, though no vote was taken by the board.I think it would be a good idea to ban smoking cigarettes in the parks, Reinhold said.According to Heintz, New York state has a low rate of smoking cigarettes, but the news is not so good locally. The New York state smoking cigarettes rate is one of the lowest in the country, she said. Its just under 17 percent, but in Greene County the numbers are much higher. We are working to lower that figure, and thats why we are working with municipalities in Greene County to increase our tobacco-free outdoor air.
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          <link>http://www.cigarettesfor.us/tobacco-news/village_board_mulls_smoking_ban.html</link>
     </item>
      <item>
          <title>Kasilof Man Ignites Oxygen Tube, Sets Home On Fire</title>
          <pubDate>2011-06-13 19:35:00</pubDate> 
          <description>Alaska State Troopers say a Kasilof man was injured when he tried to light a cigarette but accidentally ignited his supplemental oxygen tubing.The fire spread to his home, which was extensively damaged by smoke.Troopers took the call of the home fire in the Kenai Peninsula community just before 11 a.m. Sunday.They say 56-year-old Allen Char tried to light the cigarette in his bedroom.He was able to escape but he suffered burns to his left hand and minor smoke cigarettes inhalation. He was transported to Central Peninsula Hospital for treatment.The fire was confined to the master bedroom but the rest of the home was damaged by smoke.
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          <link>http://www.cigarettesfor.us/tobacco-news/kasilof_man_ignites_oxygen_tube__sets_home_on_fire.html</link>
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      <item>
          <title>Philip Morris USA Sues Websites and Retailers Selling Counterfeit Cigarettes to California Consumers</title>
          <pubDate>2011-02-15 13:32:00</pubDate> 
          <description>Philip Morris USA (PM USA) filed lawsuits yesterday against seven China-based online retailers for selling counterfeit versions of the companys Marlboro® brand cigarettes to California consumers -- the first time a U.S. company has sued a China-based website for selling counterfeit cigarettes to American consumers. PM USA also filed suit against eight retailers who recently sold counterfeit versions of the companys Marlboro® brand cigarettes to Los Angeles-area consumers. These lawsuits are part of the companys on-going efforts to stop the sale of counterfeit cigarettes and the unauthorized use of PM USAs trademarks.

PM USA believes that counterfeit cigarette traffickers have established a foothold in the Los Angeles area, and that today Los Angeles is one of the top two markets for counterfeit cigarette activity in the U.S. The actions and lawsuits are the culmination of a several month investigation involving the LA County Sheriffs office and other law enforcement agencies to address the sale of counterfeit Marlboro® cigarettes in the Los Angeles area. These actions led to 10 arrests and the seizure of more than 9,200 packs of counterfeit Marlboro® cigarettes.

The sale of counterfeit cigarettes defrauds adult smokers who believe they are buying genuine Marlboro® cigarettes, resulting in significant lost revenue for the State, and is often driven by organized crime syndicates, said Joe Murillo, vice president and associate general counsel, Altria Client Services speaking on behalf of PM USA. The sale of counterfeit Marlboro® cigarettes to U.S. consumers through China-based websites is an emerging problem, added Murillo. Selling counterfeit cigarettes is illegal, and we will continue to evolve our approach to take appropriate action to protect our brands.

Since 2002, PM USA has sued more than 2,800 retailers in California for selling counterfeit PM USA-branded cigarettes, in addition to seven websites.

The entities named in the lawsuits filed in the Central District of California are: 


  
    
      Websites
    
    
      Webvipshopping.com 
      Ren Kun Fang (owner/operator) 
    
    
      usa001.com 
      Ren Kun Fang (owner/operator) 
    
    
      Marlborocigarettesonline.com 
      Kenny Li (owner/operator)
        John Doe Walker (importer/distributor) 
    
    
      Cheap-marlborocigarettes.com 
      Kenny Li (owner/operator) 
    
    
      Chinacigarette.com 
      Andy Gong (owner/operator)
        Ma Fei (importer/distributor) 
    
    
      Okcig.com 
      Li Ning (owner/operator)
        Yan Liang (importer/distributor) 
    
    
      Cigarettesonshop.com 
      Unknown 
    
    
      
        
    
    
      
        
    
    
      Retailers
    
    
      Bran Tools New &amp;amp; Used 
      6804 S. Central Ave., Los Angeles, CA 
    
    
      Marcela Mini Market 
      7910 Avalon Blvd., Los Angeles, CA 
    
    
      Quick Quick Mini Market 
      13752 ½ Roscoe Blvd., Panorama City, CA 
    
    
      El Paraiso Party Supply 
      2025 N. Long Beach Blvd. #B, Compton, CA 
    
    
      San Miguel Meat Market/Carniceria 
      3790 E. Olympic Blvd., Los Angeles, CA 
    
    
      S.J. Del Rio 
      4730 Normandie Ave., Los Angeles, CA 
    
    
      Tacos Vallarta/Tacos Don Beto 
      8001 S. Central Ave., Los Angeles, CA 
    
    
      Zafiros Mini Market 
      1149 Firestone Blvd., Los Angeles, CA 
    
    
      
        
      
        
    
  

Philip Morris USA is an operating company of Altria Group, Inc. (NYSE: MO). More information on PM USA and its policies and positions on tobacco issues is available at www.philipmorrisusa.com</description>
          <link>http://www.cigarettesfor.us/tobacco-news/philip_morris_usa_sues_websites_selling_counterfeit_cigarettes_california.html</link>
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