BAT COO resigns from Reynolds American board of directors..

August 20, 2010 - Reynolds American Inc. said today that Nicandro Durante, the chief operating officer (COO) of British American Tobacco PLC (BAT), will resign from the Reynolds board of directors, effective December 1, 2010.

In June, Durante was named by BAT, as the heir apparent to its chief executive post. He will take over as chief executive in late February 2011 when Paul Adams retires. Durante will become chief executive designate on September 1, 2010 BAT said. Durante joined BAT in 1981, and has served in senior management in Brazil, Hong Kong and Britain.

Durante joined the Reynolds board in 2008 as one of five BAT appointees. BAT owns 42 percent of Reynolds as part of the 2004 deal in which Reynolds bought Brown & Williamson Corp., the U.S. subsidiary of BAT.

Since that deal was completed, analysts have speculated that BAT would buy a majority ownership stake in Reynolds once a 10-year moratorium on buying more shares ends in 2014.

Reynolds said that John Daly, BAT's regional director for Asia-Pacific, has been nominated to succeed Durante, effective Dec. 1. Reynolds' board of directors will vote on Daly's nomination at its regularly scheduled meeting on Dec. 1.

Jane Seccombe, a Reynolds spokeswoman, said that under the terms of the governance agreement BAT would have the right to designate Durante's successor.

Reference: Durante to resign from Reynolds American board by Richard Craver Journal Reporter, Winston-Salem Journal, 8/18/2010.
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New York - Senecas asking for Bloomberg to resign over remarks he made..

NY State Thruway - 1997..
August 19, 2010 - An upstate Indian tribe is calling on Mayor Bloomberg to resign over "inflammatory and racially insensitive" remarks he made last week. Short of quitting, the Seneca Indian Nation tribal council passed a resolution urging Bloomberg to issue a written apology.

Bloomberg infuriated Senecas by suggesting Gov. Paterson collect disputed cigarette taxes while wearing a cowboy hat and wielding a shotgun.

In 1997, the Senecas burned tires and shut down part of the Thruway following an attempt that year by the state to tax Indian suppliers. (Tax Protest Turns Into A Scuffle As Indians Briefly Block Thruway from Tribune News Services, Chicago Tribune, 4/21/1997)

Bloomberg: "And you know, the Indians said, 'We're going to shut down the roads if you don't let us continue to sell cigarettes without taxes.'

"Now, why every governor -- I've said this to David Paterson, I said, you know, 'Get yourself a cowboy hat and a shotgun. If there's ever a great video, it's you standing in the middle of the New York State Thurway saying, you know, 'Read my lips -- the law of the land is this, and we're going to enforce the law.' But the, just think about it."

Mayor Bloomberg To Gov. Paterson: Become The Sheriff Of Cigarette Street, The Daily Politics by Celeste Katz, NY Daily News, 8/13/2010.

Under recent thearts from NYS Gov. Patterson to collect taxes on cigarettes sold on their reservation, Seneca Nation President, Barry Snyder Sr. said: 'a system for the nation to collect tolls on the NYS Thruway' [interstate 90], is being designed. His
plan includes collecting $2 per car on the 300 acres of Seneca Land inside the Reservation. [this part of RT.90 goes through the reservation] Mr. Snyder is allocating $1 million for 'emergency response personal' to protect his people from a state sponsored attack. (Senaca Indian Nation: Threatens tolls on NYS Thruway, Prison Planet Forum, 1/14/2009)

VIDEO - Will Native American tribe block New York Thruway again?, The Buffalo Post, 6/23/2010..

The tribe is asking a federal judge to block Paterson's push to collect state cigarette taxes sold on reservations next month.

Bloomberg spokesman Stu Loeser indicated there is no reason to apologize. "The Supreme Court has ruled several times that tribes have no right to sell cigarettes in violation of state tax laws," he said.

Reference: Seneca Indian Nation calls for Mayor Bloomberg to resign over 'racially insensitive' remarks by Kenneth Lovett, DAILY NEWS ALBANY BUREAU CHIEF, NY Daily News, 8/18/2010.
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MMWR - Smoking in Top-Grossing Movies --- United States, 1991--2009..

August 19, 2010 - Morbidity and Mortality Weekly Report (MMWR) - August 20, 2010 / 59(32);1014-1017

Exposure to onscreen smoking in movies increases the probability that youths will start smoking. Youths who are heavily exposed to onscreen smoking are approximately two to three times more likely to begin smoking than youths who are lightly exposed (1); a similar, but smaller effect exists for young adults (2). To monitor the extent to which tobacco use is shown in popular movies, Thumbs Up! Thumbs Down! (TUTD), a project of Breathe California of Sacramento-Emigrant Trails, counted the occurrences of tobacco use (termed "incidents") shown in U.S. top-grossing movies during 1991--2009. This report summarizes the results of that study, which found that the number of tobacco incidents depicted in the movies during this period peaked in 2005 and then progressively declined.

READ Report: Smoking in Top-Grossing Movies --- United States, 1991--2009..
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New York State - Seneca Indian Nation files sued to block enforcement of a plan to collect cigarette taxes..

August 19, 2010 - An increase in tobacco taxes and a plan to collect taxes from cigarettes sold on American Indian reservations was approved Monday, June 21st by New York State lawmakers. (New York State - tobacco taxes increase, will be highest in nation once again..; New York State - as of August 1st OTPs tax goes up such as little cigars will be taxed at same rate as cigarettes..)

The Seneca Indian Nation sued the Governor Paterson administration in U.S. District Court in Buffalo on Tuesday, August 17th to block enforcement of a plan to gain tax collections on sales of cigarettes at Native American stores. Papers were filed around 5 p.m. naming Governor David Paterson, Acting Tax Commissioner Jamie Woodward and the State Police.

The Seneca tribal government said in a statement that a complaint was filed in the Western District of New York challenging "as substantively infirm" recent amendments to state Tax Law and emergency regulations put forth by the Department of Taxation and Finance in an effort to implement the new statutes.

The tax collection is supposed to commence September 1, 2010.

In the meantime, the tribal government -- which is supported by other tribes -- is appealing to Paterson and Attorney General Andrew Cuomo to hold off on implementing the collection program while the case is in the court.

Court papers say the Seneca have a tribal tax stamp already, and that the "well-regulated tobacco economy" supports 18 Seneca-licensed stamping agents and 140 licensed cigarette retailers, all of which employ about 3,000 Indian and non-Indian workers. The tribe intends to file a motion for a preliminary injunction and a temporary restraining order Friday and ask for a court hearing on August 27. 2010.

Related news brief: Mail order cigarette sellers from the Seneca Nation and elsewhere were handed another setback at federal court..

Reference: Senecas file suit to block state tax by JAMES M. ODATO Capitol Bureau, Times Union, 8/18/2010.
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Pennsylvania - appellate court sides with R.J. Reynolds for running ad in Rolling Stones Magazine in 2007..

August 19, 2010 - HARRISBURG, PA. — A Pennsylvania appellate court is siding with R.J. Reynolds Tobacco Co. in a lawsuit over advertising that the company ran in Rolling Stone magazine in 2007. The state Commonwealth Court's Tuesday decision overturned a Philadelphia judge who ordered Reynolds to pay a $302,000 fine or pay for an anti-smoking ad in a Pennsylvania edition of the magazine.

At issue was a fold-out Camel ad promoting independent record labels that was placed next to illustrations produced by the magazine. The court concludes that the Reynolds ad contained no cartoons and Reynolds had no control over the placement of the magazine's illustrations.

In California on June 29, 2010 the Fourth District Court of Appeal ruled that same advertisement depicting flying radios with helicopter rotors, jet-propelled tractors and televisions growing from the ground on plant stalks violated a 1998 settlement barring the use of cartoons in cigarette advertising. (California - court of appeal rules against R.J. Reynolds for running ad in Rolling Stones Magazine in 2007..) For further Background Information on the cases regarding this same ad in other states click on the new brief tittle above.

A spokesman for Pennsylvania Attorney General Tom Corbett says his office is weighing whether to appeal.

DISAPPOINTMENT: Pennsylvania remains the only state in the nation without a tax on smokeless tobacco. It and Florida don't tax cigars.

Reference: R.J. Reynolds Tobacco Co. wins Pa. appeal in advertising case, Associated Press, 8/17/2010.

Directly related news briefs:
California - court of appeal rules against R.J. Reynolds for running ad in Rolling Stones Magazine in 2007..;
Ohio - Supreme Court rules in favor of R.J. Reynolds in Rolling Stones magazine multi-page ad..;
Connecticut - settlement with R.J. Reynolds cartoon cigarette ads..;
Washington State - R.J. Reynolds found guilty of violating ban on cartoons..;
Pennsylvania - Judge rules Camel Ads Violated Ban On Cartoons..;
RJR drops print ads...

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