We know now that the legislation that the senate will consider represents the results of a negotiation between the tobacco control group Campaign for Tobacco-Free Kids and Philip Morris (PM) - the biggest player in the tobacco industry. We worry that the legislation will be flawed because the biggest player in the tobacco industry has been directly involved in writing the bill that regulates their industry.
Mike Szymanczyk now the CEO of Altria, Inc., the parent of Philip Morris Tobacco USA, brags to investors that they are directly involved in this legislation (Remarks, Investor Presentation, 3/11/2008)
As Senator Michael B. Enzi (R-WY) has pointed out, "Poison peddlers shouldn’t get to decide how we as responsible legislators fight the war against their deadly products."
American Association of Public Health Physicians believe that this bill is so distorted in favor of Altria–Philip Morris that, if passed in its current form, it will do more harm than good in terms of future levels of teen smoking and future rates of tobacco-related illness and death.
The bill under consideration would ban artificial flavors like cinnamon and cherry from cigarettes, but strangely gives special protection to menthol. Public health advocates wonder why menthol has been exempted from the bill, especially when it masks the harsh taste of cigarettes for beginners. Seventy percent of African Americans smoke menthols, compared to only 30 percent of whites. African Americans may smoke less than whites overall but they suffer higher rates of cancer and other tobacco-induced diseases. Despite all this, legislators believe that menthol cannot be eliminated as a cigarette flavoring under the bill because menthol is crucial to the $70 billion cigarette market. The watered-down terms resulted from legislators' belief that the bill won't pass without PM's buy-in - NOT TRUE.
PM is already preparing to circumvent the bill once passed by for instance seeking a trademark change for "Marlboro Snus Spice" to a more generic but still evocative trademarks such as "Marlboro Snus Snug Gold." (With U.S. FDA tobacco regulations on the horizon Altria already preparing to circumvent the law..)
PM tells people they are a socially responsible company but then go out and buy cigar maker John Middleton, Inc. famous for Black & Mild cigars (wine being its latest flavor) very popular among young African Americans. While active in the process of writing the bill, PM has its sales force going around to c-stores demanding the majority of prime space behind the checkout counter for their products. We all know the more cigarette-marketing teens are exposed to in retail stores, the more likely they are to smoke, and that restricting these retail marketing practices would reduce youth smoking. Also, all the tobacco advertising in c-stores undermines attempts for adults to quit smoking.
All tobacco products with no exceptions are highly addictive and dangerous to health; as the World Health Organization tells us "Tobacco is Deadly in Any Form or Disguise." This conclusion was recently reinforced by Michael Leavitt, Secretary of U.S. Department of Health and Human Services when he wrote: "Tobacco products are not safe and cannot be made safe and there is no medically established public health benefit associated with tobacco" in a letter to Joe Barton, R-Texas the senior Republican on the Senate's Energy and Commerce Committee. In the legislation all tobacco products must be considered equally.
Many concessions have been granted to get tobacco companies to buy into this legislation weakening the bill even further. UST Inc., the biggest U.S. maker of smokeless tobacco products and the North American unit of Swedish Match AB which also sells smokeless tobacco announced they would support the bill. The bill was amended to give smokeless companies the ability to give away free samples to adults under limited circumstances which hadn't been allowed in earlier versions of the bill. Some small tobacco companies were expected soon to announce they were supporting the House bill. The move comes after they won a promise of changes including extra time before certain regulations would apply to them.(Support Grows for Tobacco Bill By Anna Wilde Mathews, The Wall Street Journal, 4/1/2008) The National Association of Convenience Stores dropped it's opposition to the bill after promised concessions were made which include an agreement that stores found to have sold tobacco to underage consumers could have some fines reduced if they had training programs in place to educate staff about age requirement. (Retailer Concerns Addressed? Group withdraws opposition to House FDA tobacco regulation bill, April 1, 2008)
For Ted Kennedy's sake alone let's have a good piece of legislation that will protect our children for years to come from the ravages of nicotine addiction.
Archive of Supporting Documentation:
AWMA urges grassroots effort to defeat FDA tobacco regulation and SCHIP..
More - Lorillard-Newport - FDA proposed tobacco regulation..
http://snus-news.blogspot.com/2008/07/incomplete-fda-tobacco-regulation-bill.html
House to Vote on FDA Regulation of Tobacco..
Tax the hell out of all tobacco products until they disappear..
Bush administration opposes legislation to give FDA authoritiy to regulate tobacco products..
With U.S. FDA tobacco regulations on the horizon Altria already preparing to circumvent the law..
Tobacco Update (6/5/2008) presented by Nik Modi, UBS Tobacco Analyst..
Public health experts are questioning why menthol flavoring in cigarettes, received special protection as Congress tries to regulate tobacco..
FDA Commissioner Eschenbach the FDA "clearly has a role" in addressing the public health problem of tobacco..
Lorillard Tobacco opposes US FDA bill to regulate tobacco..
FDA regulation moves a step closer..
On Tuesday April 1, 1970 President Richard Nixon signed a measure banning cigarette advertising on radio and television, to take effect in January 1,
Lack of Credibility - Reynolds American's Campaign to Derail the Federal Tobacco Regulation Bill..
FDA regulatory control tobacco bill is voted forward..
Philip Morris to 'Unleash the Beast'in 2008?
Reject Proposed Legislation That Would Add Responsibility For Tobacco Regulation to the FDA..
FDA Head: 'No' to Tobacco Cigarettes too "inherently dangerous" to regulate; would "undermine mission."
Federal tobacco regulation backed..
On July 18, 2007, the U.S. Senate Health, Education, Labor and Pensions Committee postponed a vote on the bill - which would for the first time allow..
Click on image to enlarge..
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Revise Senate's Version FDA Tobacco Regulation Bill..
Federal Judge Denies Bid To Stop San Francisco Pharmacy Tobacco Ban..
Judge Wilken said the ban doesn't impinge on the company's free speech rights because it can still advertise at drug stores. However, Wilken admitted, "Maybe it's not as interesting to advertise where you can't sell. Wilken said she thinks the PM's free speech argument is weak because "cigarettes aren't a method of communication like a book." And Wilken said she doesn't think the law violates PM's First Amendment rights because "the regulation is that you can't sell cigarettes, not that you can't advertise cigarettes."
The ordinance is the first of its kind in the nation. It was approved by the San Francisco Board of Supervisors in July, signed by Mayor Gavin Newsom in August and went into effect Oct. 1.
PM argued in court filings that the city's regulation violates the First Amendment because it effectively forces tobacco companies to pull the advertising that accompanies its products in drug stores. PM's attorney, Daniel Collins, complained that advertising cigarettes at stores where they can't be sold is "not a practical solution for retail." Collins said the ban on sales "has an undeniable effect" on the company's revenues.
San Francisco Deputy City Attorney Vince Chhabria said that if governments can be prevented from regulating products by equating products with advertising then they would be able to ban anything.
Wilken then denied the company's motion and set a case management conference for January 6, 2009.
After the hearing Collins declined to comment on whether PM will appeal Wilken's ruling. Jack Marshall, a spokesman for the PM, said by phone, "We will wait for the court's written ruling and will examine our legal options at that time and in due course."
Chhabria said he expects that PM will file an appeal with the Ninth Circuit Court of Appeal in San Francisco because "I'm not sure what else there is to fight about here" in Wilken's courtroom. Chhabria said if PM doesn't file an appeal, the city will file a motion for judgment that would ask Wilken to dismiss the company's lawsuit, which was filed on Sept. 24, shortly before the ban went into effect.
Reference: Judge Denies Bid To Stop SF Pharmacy Tobacco Ban, CBS5.com, 11/6/2008.
Related news briefs: Philip Morris USA request stop in San Francisco's ban on tobacco sales by pharmacies..; San Francisco - cigarette sales rise sharply in c-stores..; San Francisco files brief to oppose bid by PM USA to block the banning of tobacco sales in pharmacies..; Philip Morris challenges San Francisco pharmacy tobacco ban..; Walgreen: San Francisco’s Tobacco Ban Is Unfair..; San Francisco - All Tobacco Products Banned in All Pharmacies..; San Francisco critical vote - bar tobacco sales pharmacies.. and SAN FRANCISCO Ban on tobacco at drug stores sought...
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FDA tobacco regulation - bill distorted in current form..
New England Journal of Medicine: Correspondence, Volume 359:2070-2071, November 6, 2008, Number 19
FDA Regulation of Tobacco
To the Editor: In 1998, Mark Berlind, chief legislative counsel of Philip Morris, drafted specifications for regulation of tobacco products by the Food and Drug Administration (FDA) that would ensure the continuing profitability of the Marlboro brand, provide a shield against litigation, and protect cigarettes from competition from less-toxic, smokeless tobacco products.1 The current Family Smoking Prevention and Tobacco Control Act (H.R. 1108/S. 625) discussed by Brandt in his Perspective article (July 31 issue)2 was negotiated between Matthew Myers of the Campaign for Tobacco-Free Kids and Mr. Berlind3 for purposes of securing an FDA bill with full support from our nation's largest cigarette maker. The text conforms to Mr. Berlind's 1998 specifications.
Despite the optimistic wording of the summaries used to attract endorsement and sponsors, we believe that this bill is so distorted in favor of Altria–Philip Morris that, if passed in its current form, it will do more harm than good in terms of future levels of teen smoking and future rates of tobacco-related illness and death. It can protect cigarettes or it can protect the public's health. It cannot do both.
Joel L. Nitzkin, M.D., M.P.H.
American Association of Public Health Physicians
Rolling Meadows, IL 60008-1842
jln-md@mindspring.com
References
1. Berlind MH. Tobacco regulation strategy recommendations. Philip Morris Company draft specifications for FDA regulation of tobacco products. October 1998. (Accessed October 17, 2008, at http://legacy.library.ucsf.edu/tid/bku63c00.)
2. Brandt AM. FDA regulation of tobacco -- pitfalls and possibilities. N Engl J Med 2008;359:445-448. [Free Full Text]
3. Mullins B. How Philip Morris, tobacco foes tied the knot. [CTFK and PM collaborating on FDA legislation to regulate tobacco.] Roll Call. October 5, 2004. (Accessed October 17, 2008, at http://www.rollcall.com/issues/50_39/news/7035-1.html.)
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SCHIP expansion legislation time to try again..
Congressional Democrats scrapped plans for a third vote on expansion of SCHIP. President Bush vetoed two earlier versions of the legislation, which he denounced as a dangerous step toward “government-run health care for every American,” and the House sustained those vetoes.
With the Obama administration taking office in about 70 days it's a perfect time to bring back this legislation.
The funding of the $35 billion expansion would come from a 61 cents increase in the federal excise tax on cigarettes, which is now at 39 cents a pack. The new rates on Other Tobacco Products would be: Large Cigars: from 20.719% of wholesale price to 42.820% of wholesale price; Small Cigars: from 3.65 cents per 20 to 9.34 cents per 20; Moist Snuff: from 4.8 cents per 1.2 ounce to 12.3 cents per 1.2 ounce; Chewing Tobacco: from 1.3 cents per ounce to 3.3 cents per ounce; Pipe and RYO: from 1.0969 per lb. to 2.8081 per lb. (Cigar Association - Virginia Archive, July 13, 2007.)
With the defeat of the legislation tobacco companies won the SCHIP fight. “At this moment, it appears that we have dodged a bullet,” said Andy Zausner, a lobbyist for Lorillard Tobacco Co.
"Studies show that every 10 percent increase in the price of cigarettes reduces youth smoking by seven percent and overall cigarette consumption by four percent," the groups wrote. "By discouraging smoking through an increase in the tobacco tax and using the resulting revenues to improve enrollment in children's health insurance programs, we are creating a win-win proposition in support of our children's health." (Letter to Senators Max Baucus and Charles Grassley May 22, 2007)
Archive of Supporting Documentation:
Congressional Democrats have scrapped plans for another vote on expansion of the SCHIP..
AWMA urges grassroots effort to defeat FDA tobacco regulation and SCHIP..
U.S. Federal tax increase on tobacco - try it again..
U.S. House fails to override SCHIP expansion veto..
Congress Sends An Extension of the SCHIP to President Bush..
Bush vetoes 2nd bill expanding the State Children's Health Insurance Program (SCHIP)...
Revised State Children's Health Insurance (S-CHIP) Bill..
Bush's SCHIP veto stands..
U.S. CONGRESS PASSES CHILDREN'S COVERAGE..
US edges closer to federal tax hike on tobacco products...
Lawmakers in Washington are working to reauthorize the State Children's Health Insurance Program (SCHIP) before it expires on September 30, 2007...
This just in: The twice-vetoed State Children's Health Insurance Program (S-CHIP) bill, funded by an increase in the federal excise tax on tobacco, will likely be among the first three pieces of legislation a President Obama signs into law, John Eichberger, vice president of government relations for the National Association of Convenience Stores (NACS) predicted. (Blue Crush With Democratic White House and Congress, retailers anticipate taxing times by Samantha Oller, CSP Daily News, 11/6/2008)
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Malaysia to hike cigarette prices ..
“This minimum price will help discourage youngsters from buying cigarettes,” he said. Malaysia imposes high taxes on cigarettes to discourage demand and a packet costs about 9.00 ringgit(US$2.55) but cheaper brands are available for 4.50 ringgit
(US$1.27).
In another report it was concluded that health warnings on cigarette packs won’t work.
The local tobacco market is dominated by British American Tobacco (BAT) Malaysia, market share 68%, Japan Tobacco International 17.7%, and Philip Morris 15.3%. The global merger of BAT with Rothmans triggered a local merger between Malaysian Tobacco Co and Rothmans to form British American Tobacco (Malaysia) in 1999.
Euromonitor International: Tobacco in Malaysia
Related news brief: Malaysia - 25% of all cigarettes sales are illegal..
Reference: Malaysia to hike cigarette prices to fight smoking, The China Post, 11/4/2008.
WHO Framework Convention on Tobacco Control (FCTC) Treaty.
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STOP launch of PM's Virginia Slim "Super Slim" cigarettes:..
Philip Morris USA has said it will launch new Virginia Slim “Super Slim” cigarette in the first quarter of 2009. The cigarette, in both light and ultra light flavors, is smaller in diameter than a standard cigarette and will come in a narrow pink rectangular box with squared ends. While the box will hold the standard 20 cigarettes, it will be slimmer than a standard pack and will apparently be marketed as a “Purse Pack”.
A joint statement of these health-advocacy non-profit agencies stated that “Philip Morris shows contempt for women and their health by putting a pink gloss on a product that causes lung cancer and heart disease, two of the leading killers of women.”
Related news brief: Virginia Slims "Purse Pack" Available 1st Quarter 2009..; Gallaher criticized for marketing cigarettes at young women..;
Gallaher targets teenage girls with 'super slim' Silk Cut cigarettes..
RJR drops print ads...; Blistering attack on R.J. Reynolds accusing the tobacco company of marketing its new cigarette Camel No. 9...
Reference: Antismoking groups flare over pink cigarette "purse packs", Promo, 11/3/2008.
Republic Technologies to acquire Swedish Match UK..
November 5, 2008 - Republic Technologies International, headquartered in Perpignan, France, has announced the pending acquisition of Swedish Match UK. In the transaction included are the businesses of smoking papers and filters, the Swan brand, and the distribution of lighters, matches and fire products. Swan has been a market leader in the hand rolling cigarette market manufacturing a range of high quality filter tips, cigarette papers, and lighters. Republic Technologies International is a member of the Republic group and manufacturer and distributor of smoking accessories worldwide.
The transaction is subject to U.K. Office of Fair Trading approval. “This is a great move in what we believe is the right direction,” says Philippe Parcevaux, president of Republic Technologies International.
The Republic Group also includes TOP Tobacco L.P., the U.S.’s largest RYO tobacco manufacturer located in North Carolina (TOP¨ and Drum¨ brands); and Republic Tobacco L.P., the U.S. headquarters, distribution and marketing arm based in Glenview, IL. (Republic Group’s Acquisitiontobonline.com News & Trends March/April 2004.)
Reference: Republic Technologies acquires Swedish Match UK, Source from:tobaccojournal.com, 11/04/2008
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Smokers' Homes More Likely to House Hungry Kids..
Study: Increased Rates and Severity of Child and Adult Food Insecurity in Households With Adult Smokers; Cynthia Cutler-Triggs, MD George E. Fryer, PhD; Thomas J. Miyoshi, MSW; Michael Weitzman, MD; Arch Pediatr Adolesc Med. 2008;162(11):1056-1062; ABSTRACT..
Looking at data on 8,817 households gathered in national surveys by the U.S. Centers for Disease Control and Prevention, it was found that 15 percent of adults and 11 percent of children reported food insecurity within the past year, with 6 percent of adults and 1 percent of children experiencing severe food insecurity. This meant they went to bed hungry, because there wasn't enough food in the house. [Food insecurity - "it is a standardized scale measuring how many times a household cannot give children the food they want, how many meals they skip, how often they go to bed hungry," Weitzman said.]
The study found that 23 percent of households with children had at least one smoker, with the incidence higher -- 32 percent -- in low-income households. In those households with a smoker, 17 percent of children were food insecure, compared to 8.7 percent of those children in nonsmoking households. Severe food insecurity was reported for 3.2 percent of children in smoking households, compared to 0.9 percent of those living in households with no smokers. Because families with at least one smoker spend an estimated 2 percent to 20 percent of their income on tobacco, it's quite likely that smokers' habits drain the money needed to provide adequate food, according to background information with the study.
Reference: Smokers'Homes More Likely to House Hungry Kids by Ed Edelson, HealthDay Reporter, 11/4/2008.
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C-store update: Marlboro, Pall Mall, Camel SNUS..
RJR is now providing some more simplified directions for placement of snus pouches in the mouth. We know its not easy to place a pouch in your mouth for 20-30 minutes without any movement.. Other side of card with directions.
These days it almost seems like RJR is dumping Camel SNUS cans on the retail scene. As we reported at least one c-store owner gets approximately 25 free cans of Camel SNUS to pass out to customers that they may express an interest in trying it. The owner tells us it's hard to find anyone wanting to try the stuff. On the rare occasion that a patron asks for a can of Camel SNUS - the owner asks if they want all the cans at no charge.
Images below - promotion buy any RJR product and get a free can of Camel SNUS - note this is the 1st time the wording "WORK FRIENDLY" is used in the labeling. Click on image to enlarge.
Image of display shelf with cans of Camel SNUS next to cigarettes with a sign advertising the same promotion...
Also in October 2008 there has been a new mailing with a coupon for a free can of Camel SNUS. coupon side; opposite side.
Why would RJR want to go national with a product that has generated very little interest in test markets?? Many more cans have been given away then have been sold.
Previous C-Store Update..
Click on any image to enlarge..
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50 lashes for smoker on Saudia Arabian Airlines..
In 1999, SAA banned smoking on its flights between the Kingdom and the GCC states (Gulf Cooperation Council includes: Saudi Arabia, Kuwait, Bahrain, Qatar, the United Arab Emirates, and the Sultanate of Oman) and other Middle Eastern and African countries. The ban on smoking on SAA’s domestic flights took effect in 1987. – Okaz
Reference: 50 lashes for smoker on Saudia by Abdulhadi Al-Ismai, Saudi Gazette, 11/3/2008.
Related news briefs "Saudi": Saudi court set to hear tobacco compensation case.. and Saudis to sue tobacco firms for more than $2.7 billion Ryadh, Saudi Arabia.
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Surabaya, Indonesia - anti-smoking bylaw 10/2009 - FOR REAL??
Amin Subarkah, chairman of the East Java Indonesian Tobacco Farmers Association (APTI), said that tobacco growers and cigarette makers and workers have had no objections to bylaws on smoking restrictions in public spaces to prevent children from smoking. Referring to a recently passed bylaw restricting smoking in public spaces in Surabaya and a similar municipal circular passed in Malang, Amin said tobacco farmers would also campaign for the bylaw but city administrations should also pay more attention to the fate of millions of tobacco farmers. (Tobacco farmers appreciate bylaws restricting smokingTobacco Journal International, 10/29/2008)
Just back on September 1, 2008 the East Java branch of the APTI urged the provincial chapter of the MUI (Indonesia Ulemas Council (quasi-government council of Muslim scholar - give guidance on many issues including smoking for Moslems) to reject a proposed edict that would forbid smoking. "It would be more human if the Indonesian Ulemas Council (MUI) switched to a regulation supporting smoking," Abdum Hafidz Azis said at a meeting with the council's executives in Surabaya. Abdul is secretary of the Association of Indonesian Tobacco Farmers (APTI) East Java branch. (Tobacco farmers urge MUI to reject anti-smoking edict, The Jakarta Post Surabaya, 09/01/2008)
Indonesia leaders continue to worry that any tobacco control initiatives that would be enforced may lead to the demise of the tobacco industry. Government officials are concerned that public smoking bans and a further rise in the excise would hurt the cigarette industry and risk the jobs of its millions of workers. The government receives about six percent of its revenue from cigarette production and sales. About one-third of the nation's 230 million people smoke some start as young as five government figures show. In 2005 Philip Morris International paid five billion dollars to acquire a 97 percent stake in H.M. Sampoerna, the third largest cigarette maker in Indonesia. Back in July 2007 Sampoerna began selling a clove-flavored cigarette called Marlboro Mix 9 containing 30mg tar and 1.8mg nicotine. Clove cigarettes are very popular in Indonesia that only one smoker out of 10 prefer standard cigarettes. Indonesia, the world's fifth largest tobacco market is the only nation in Asia which has NOT signed or ratified the WHO Framework Convention on Tobacco Control (FCTC) - the global anti-tobacco treaty.
Related news briefs: Indonesians smoking more than ever before..; Indonesia further rise in the excise tax would hurt the cigarette industry..; Alicia Keys - Jakarta Concert (July 31st) tobacco companies forced to withdraw sponsorship.. and Most Indonesians support moves to ban tobacco advertisements...
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