Series of papers on Mentholated Cigarettes - journal of Addiction..

November 15, 2010 - The National Cancer Institute (NCI) and the Tobacco Research Network on Disparities (TReND), funded by the NCI and Legacy, are pleased to announce the release of The Role of Mentholated Cigarette Smoking in Smoking Behaviors in United States Populations, a special supplemental issue to the journal Addiction.

This special supplement includes 11 new studies focusing on the prevalence of menthol flavored cigarette use, cessation success rates among menthol cigarette users and factors that might influence smoking and quitting menthols.

The editors for this supplement include Drs. Kola Okuyemi, Deirdre Lawrence, Linda Alexander, and George Hammons.

You may access the papers at:
Special supplement on Mentholated Cigarettes in the journal Addiction..
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New York State - federal judge rules in favor of the state but still can't start collecting sales tax; no mediation..

November 15, 2010 - A federal judge has sided with New York in the latest ruling in a dispute over the state’s plans to tax most Indian reservation smokeshop sales, but collection of the tax is on hold for now. U.S. District Judge Richard Arcara in Buffalo denied a request to block the state from collecting a sales tax on cigarettes sold to non-Indians. But he froze his decision so the two tribes who sought the order can appeal.

Arcara’s ruling Tuesday, November 9th in a case brought by the Unkechaug and St. Regis Mohawk tribes mirrors an earlier decision in a challenge by the Seneca and Cayuga nations. The decisions mean New York still can’t start collecting the $4.35-per-pack sales tax until a higher court, the Second Circuit Court of Appeals, hears the issue.

It’s unknown how long the appeals process will take.

In all, five New York tribes are challenging the state’s decision to require cigarette wholesalers to prepay the sales taxes before supplying reservation stores. Wholesalers would pass along the levy to tribal retailers, who would have to raise their prices.

The cash-starved state anticipates $200 million a year in revenue from the tax. The tribes argue the regulations would interfere with their rights of tribal sovereignty, make it hard for members to buy tax-free cigarettes and devastate tribal economies that depend on the sale of lower-priced cigarettes to fund programs and services.

In denying a preliminary injunction to the Unkechaugs of Long Island and St. Regis Mohawks of northern New York, Arcara said that, like the Senecas and Cayugas of western New York, the tribes had not demonstrated a likelihood of success on the merits of their claims, a requirement for issuing such an order.

But Arcara did acknowledge that the Indian nations would be harmed by the ruling and so issued a stay halting collection of the new tax pending appeal.

The state immediately appealed the stay.

Also, in a relater matter - Judge Arcara will not allow a cigarette taxation lawsuit filed by an Indian tribe against New York state to go to mediation. In a ruling issued this week, Arcara said that — for now, at least — he will not let federal mediators try to work out an out-of-court agreement between the Unkechauge Indian Nation, based on Long Island, and the state.

“It is doubtful that any court-ordered negotiations would be successful at this juncture in the litigation,” Arcara wrote in a decision filed Tuesday, November 9th.
The judge denied the mediation request “without prejudice,” meaning the Unkechauges could make another request for mediation at a later time.

The state says it wants to collect $4.35 a pack from the Indian businesses, the same amount it now collects from non-Indian businesses such as convenience stores, drugstores and grocery stores.

References: Federal judge sides with NY state in Indian smokeshop tax fight, Associated Press, 11/10/2010; Mediation barred for cigarette suit by Dan Herbeck, NEWS STAFF REPORTER, BuffaloNews.com, 11/14/2010.

Some related news briefs:
New York State - federal judge, temporary restraining order extended until November 12, 2010..;
New York State - two federal judges continue to prevent the collection of taxes on cigarettes sold by Indians..;
New York State - federal judge, worried about the violence that may result extends indefinitely ban on state taxation of cigarette sales by Indians..;
New York State - tribal lawsuits may be merged within federal court..;
U.S. Supreme Court - rejects appeal from Indian merchant who wanted an Idaho Supreme Court ruling overturned..;
New York State - now the Oneida Indian Nation gets restraining order from federal judge.;
New York State - state court clears way for state to collect cigarette tax - on to federal court..;
New York State - U.S. District Judge extends order blocking state from collecting taxes, hearing Sept 14th..;
New York State - cigarette tax collection from Native American sales pushed off until 5-judge panel decides..;
New York State - Seneca Nation and other Indian Tribes get injunction from federal judge delaying tax collection on cigarettes..;
New York State - Governor Patterson will not tax cigarettes sold among Native Americans..;
New York - Senecas asking for Bloomberg to resign over remarks he made..;
New York State - Seneca Indian Nation files sued to block enforcement of a plan to collect cigarette taxes..;
Read more...

Idaho - health groups pushing for an increase in the tobacco tax..


November 15, 2010 - The state of Idaho is being pushed by many health groups to increase the tax that they currently have in place on cigarettes and other tobacco products.

Idaho has a lower cigarette tax than any of its neighbors at 57 cents per pack, Radke (Jodi Radke, Rocky Mountain regional director for the Campaign for Tobacco Free Kids). Wyoming charges 60 cents per pack, Nevada 80 cents, Oregon $1.18, and Montana and Utah $1.70. Washington just raised its tax by $1, to $3.02. The nationwide average in states that don't grow tobacco is $1.54. Idaho ranks in at number 42 in regards to their tax on tobacco products such as cigarettes. The tobacco tax rate is 40 percent of the wholesale sales price of the tobacco. Tobacco tax is imposed on all “other tobacco products,” excluding cigarettes.

The health groups, including state sectors of the American Cancer Society, are pushing to increase this tax by at least 57 cents per pack. The belief is that if they are able to do this, they would not only increase funding for many state programs, but they would also be able to detract more people from smoking.

Health groups, who have support from Republican Rep. Dennis Lake, believe that it will drop the smoking rate of kids in the state of Idaho by nearly 4% immediately.
After the conservative turn of the Idaho Legislature during the November election, however, proposals to hike increases, regardless of which product is targeted, face a tough fight in the 2011 session.

American Heart Association lobbyist Adrean Casper said raising Idaho's 57-cent-per-pack cigarette tax 10% would cut youth smoking by about 6.5%.

There are some who oppose this, as the tax hike in Idaho on cigarettes would face some stiff competition in regards to trying to get it passed.

CDC - Idaho and Tobacco Use..

References: Group Pushing for Idaho Cigarette Tax Increase But faces more resistance after GOP election wins, CSP Daily News, 11/15/2010; Tobacco foes seek Idaho tax increase
Proponents say adding $1 to the price of a pack of smokes is a win-win in tough times
by WILLIAM L. SPENCE - LEWISTON TRIBUNE, IdahoStatesman.com, 6/25/2010.

Related news brief:
Idaho - state senator whose husband is a tobacco lobbyist snuffed out bill..;
Idaho - online cigarette marketer not immune from state laws..;
Eagle - 1st city in Idaho to ban smoking..;
Moscow, Idaho bans smoking in bars, private clubs..;
Read more...

WHO FCTC - 4th session on Tobacco Control - Uruguay 15 Nov 2010 to 20 Nov 2010..



November 14, 2010 - The fourth session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control (WHO FCTC) will be held at the conference centre of the Conrad Hotel in Punta del Este, Uruguay. It will open at 10:00 on Monday, 15 November 2010, and is expected to close no later than 13:00 on Saturday, 20 November 2010.

Guide for participants in the Conference of the Parties

Fourth Session- Main Documents

Some critical issues:

WHO may have a solution to the contraband problem..

Without a solution to control the flow of illicit (illegal, contraband, smuggling, black market) tobacco products a country can not have a successful tobacco control program.

Flavoured tobacco products around the world.. We are agreement that tobacco flavourings are an increasingly important part of tobacco industry marketing, particularly to young people. Flavourings enhance attractiveness, encourage youth initiation, and discourage cessation.

Part 1: avoidance of nicotine addiction - remove the flavoring from all tobacco products..;
Part 2: avoidance of nicotine addiction - remove the flavoring from all tobacco products...

This issue, which is covered by the Article 9/10 guidelines of the WHO’s Framework Convention on Tobacco Control (FCTC), will be addressed at the upcoming Fourth Conference of the Parties. View images of some flavoured tobacco products and advertising from around the world.

WHO wants to force tobacco growing countries to reduce production as part of its anti-smoking campaign. Tobacco producing countries are opposed to the World Health Organisation's attempts to push through a ban of ingredients used in producing blended tobacco. At present there is no alternative crop that will provide the same income as that from growing tobacco.

Take Zimbabwe, among the top five tobacco producers in the world. Tobacco is the best paying crop in Zimbabwe with a total of 123,4 million kgs sold at the just ended tobacco selling season. About 350 000 people are directly earning a living from tobacco, while an estimated 500 000 more benefit from downstream industries.

About 80% of the world's traded tobacco production was said to be represented at this year's International Tobacco Growers Association (ITGA) Annual General Meeting last week, where farmers discussed the devastating impact the new guidelines for the FCTC could bring if adopted in Uruguay next week.

According to ITGA, which represents 30 million tobacco farmers these measures will have disastrous social and economic consequences without making any difference to peoples' health. Article 9 of the FCTC aims to regulate the contents of tobacco products, that is the testing and measuring of tobacco contents and emissions.

The Zimbabwe Tobacco Association and the Zimbabwe Commercial Farmers Union have both united to fight this ban, which could affect 30 million tobacco farmers globally, according to the International Tobacco Growers Association.

Related news briefs:
Turkey - like other tobacco growing countries worried that WHO will eliminate blended tobacco..;
WHO FCTC - developing countries need alternative to tobacco growing plus stoppage of cigarette smuggling..;
African COMESA countries against WHO's attempt to ban ingredients used in blended tobacco..;
Europe - tobacco growers are worried but no change until an alternative is found..;
Asian Tobacco Farmers worried Article 9 & 10 WHO FCTC..;
U.S. Burley tobacco growers - WHO FCTC articles elimination of American-style cigarettes..;
Thailand govt - wants to ban the growing of Burley and Oriental tobacco..;
Canada - bill to ban flavored tobacco products gets final approval - Burley Tobacco...

Reference: Zimbabwe: WHO Set to Decide on Tobacco Ingredients Ban, Paul Nyakazeya, allAfrica.com, 11/11/2010.
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Altria's email to retailers regarding cigarette package warnings..






November 14, 2010 -

Proposed Warnings for Cigarette Packages and Advertisements

Date: November 11, 2010

Subject: Proposed Warnings for Cigarette Packages and Advertisements

Dear Valued Retailer:

As you may have heard, on November 10, 2010, the FDA announced a proposed rule, “Required Warnings for Cigarette Packages and Advertisements.” The FDA is seeking public comment on the proposed rule through January 11, 2011. Philip Morris USA has actively participated in the FDA’s rulemaking and public comment processes and plans to do so for this proposal. Altria Group’s tobacco companies’ approach is to engage constructively with the FDA and others in the industry in a way that enables the FDA to consider our experience, knowledge, and expertise.

The Family Smoking Prevention and Tobacco Control Act (“Tobacco Control Act”) requires the FDA to issue regulations about the new graphic health warnings no later than June 2011. Cigarette manufacturers will have 15 months from the date those regulations are final to implement the new warnings.

For more information regarding the proposed rule or instructions on how to submit comments, please visit the FDA’s website: http://www.fda.gov/TobaccoProducts/Labeling/CigaretteProductWarningLabels/default.htm.

Thank you for your continued support.

Altria Sales & Distribution


Related news briefs:
More - U.S. FDA - unveils proposed warning labels for cigarette packs and smokeless tobacco - First Amendment Challenge possible..;
U.S.. FDA - unveils proposed warning labels for cigarette packs and smokeless tobacco...
Read more...