Ohio - Supreme Court rules in favor of R.J. Reynolds in Rolling Stones magazine multi-page ad..

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June 2, 2010 - The Ohio Supreme Court has rejected the state's argument that a cigarette company's spread in Rolling Stone magazine violated a tobacco industry settlement. The court ruled 4-2 Wednesday, May 26th without comment to decline Attorney General Richard Cordray's appeal of a lower court ruling that sided with R.J. Reynolds Tobacco Co. - See Background Below..

At issue was a multi-page Camel ad in Rolling Stone that ran alongside a 2007 feature story illustrated with drawings. Ohio said the ad placement amounted to using cartoons to sell cigarettes, violating a promise in the industry's 1998 settlement with multiple states.

Ruling for Reynolds earlier this year, an appeals court in Columbus said the company had no say in the drawings and other content Rolling Stone ran next to the ad.

Background: Attorneys general from 8 states have filed a motion against R.J. Reynolds Tobacco Co. (RJR) alleging that RJR is illegally marketing cigarettes to youth through a current advertising campaign violating the 1998 Tobacco Master Settlement Agreement (MSA). That agreement, which the tobacco industry signed to end the national tobacco litigation, expressly prohibits the use of cartoons to advertise or promote cigarettes.

At least eight states – Maine, Ohio, California, Illinois, Maryland, Pennsylvania, Connecticut and Washington – sued the Winston-Salem, N.C.-based company after the fold-out advertisement appeared in one of (November 15, 2007) Rolling Stone’s special 40th anniversary issues.

On Monday, July 13th the Washington state Court of Appeals overturned a lower court’s finding that content Reynolds produced for the 2007 Rolling Stone advertisement did not include cartoons. Though the photographic images weren’t Disney-style illustrations, the appeals court said they were cartoonishly arranged in a bucolic collage. The theme of the “Camel Farm” ad campaign was that Reynolds was helping to support – grow – independent music.

The Maine and Ohio judges sided with the company and California came back with a split decision. In May, a Pennsylvania judge became the first to hold Reynolds liable, ordering the company to pay $302,000 or run a full-page anti-smoking ad in Rolling Stone. Reynolds vowed to appeal.

Washington State - R.J. Reynolds found guilty of violating ban on cartoons..

Reference: Ohio high court nixes state appeal over smoking ad
High court in Ohio denies state's appeal over cigarette ad in '07 issue of Rolling Stone, Associated Press, 5/26/2010.

Directly related news briefs:
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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Bhutan - parliament passes Tobacco Control Bill..

June 2, 2010 - Yesterday, as expected, the joint sitting of the Parliament passed the Tobacco Control Bill. Support for the Bill was almost unanimous. 61 of the 65 MPs (members of parliament) present and voting endorsed the Bill, whereas only 4 of them rejected it.

I was in the minority. Tobacco control is a good idea. But the Bill that we just passed is not.

The main principle in the Bill does not make sense: that people are permitted to consume tobacco, but that the sale of tobacco products is illegal. And that the sale of tobacco is illegal, but that tobacco consumers are permitted to import tobacco products.

The penalties in the Bill are draconian (severe, oppressive or strict): selling tobacco will get you a misdemeanor (one to three years in jail); and smuggling will land you a felony of the fourth degree (three to five years of mandatory jail sentence). But that will not deter the black market. So either our jails will crowd. Or the law will be ignored. Obviously neither is good for us.

Tobacco control is a good idea. But the Bill that we just passed is not.

I hope I am wrong. I hope that the wisdom of my colleagues, the majority, will prevail. And that we will be able to control, reduce and eventually eradicate tobacco consumption.

Reference: Parliament passes Tobacco Control Bill, Posted by Tshering Tobgay in Legislature on June 2, 2010, Tshering Tobgay blog, 6/2/2010.

Related news brief:
Bhutan - tobacco control bill endorsed..;
Kingdom of Bhutan - assembly debating penalties for people that violate tobacco control bill..
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Smokeless tobacco having to leave sports marketing..

June 2, 2010 - Nascar's Kevin Harvick Inc.'s (KHI) Ron Hornaday will lose the Swedish Match Longhorn Moist Snuff from his No. 33, and Baker-Curb Racing's Greg Biffle will lose Swedish Match Red Man Moist Snuff from his No. 27.

According to the U.S. Food and Drug Administration's (FDA) website (http://www.fda.gov), "the new rule, Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents, restricts the sale, distribution, and promotion of these products to make them less accessible and less attractive to kids. Published March 19, 2010, the new rule becomes effective June 22, 2010, and has the force and effect of law."

One of the provisions of the law: Prohibit tobacco brand-name sponsorship of any athletic, musical or other social or cultural event, or any team or entry in those events.

Despite NASCAR's long relationship tobacco, the tobacco Master Settlement Agreement (MSA) between the Attorney Generals of 46 states and the four largest U.S. tobacco companies (including R.J. Reynolds) ended the 32-year relationship with Winston and the Cup Series.

Swedish Match was not subject to the same restraints on marketing as UST makers of Skoal and Copenhagen (Altria Group Inc on Tuesday, January 6, 2009 completed its $10.4 billion acquisition of UST, Inc.) and cigarette manufacturers since they did not sign onto the tobacco master settlement agreement (MSA).

Swedish Match (Svenska Tandsticks) has not signed onto the Smokeless Tobacco Master Settlement Agreement (STMSA) UST was the only signatory. The states have approached Swedish Match several times about joining the STMSA, but SM always responds that it voluntarily adheres to the marketing and advertising restrictions in the STMSA.

Last year, Longhorn was on for 10 races with Hornaday, one with Harvick, but spread throughout the season, and they won the championship. KHI owners Kevin and Delana Harvick have known about the pending new regulations for 18 months now and are still looking for sponsorship for half of the remaining 16 races.

References: New FDA Rule Costs Ron Hornaday Longhorn Moist Snuff Sponsorship by Horn Fan, bleacherreport.com, 5/27/2010; Baker Curb to lose sponsor as Red Man has to leave car FDA rule banning tobacco from sponsorships begins June 22 by Jill Erwin, NASCAR.COM, 5/19/2010.

Related news briefs:
Swedish Match Longhorn MST sponsor NASCAR events..;
Swedish Match's (SM) Red Man Premium Moist Snuff hiding under the radar..

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Nepal - bill to implement tobacco control measures being debated in parliament..

Coat of Arms..

June 1, 2010 - Royal Kingdom of Nepal is to ban smoking in all enclosed public places including government offices, schools, hospitals and restaurants and outlaw all tobacco advertising to try to deter young people from taking up the habit, the government said Tuesday, June 1st.

A new anti-smoking bill will also make it illegal for anyone under 16 to smoke, and introduce compulsory health warnings on cigarette packets, health ministry official Bal Sagar Giri told AFP.

"More and more young people are being lured by attractive tobacco advertising. That has to end," he said. "It is high time we had a strict enforcement of law that regulates tobacco use and punishes offenders."

Giri said the bill, currently being debated in parliament, would also introduce fines of 5,000 rupees (70 dollars) for individual offenders and 100,000 rupees for tobacco companies.

The government estimates that 15,000 people die every year of smoking-related diseases in Nepal, one of the world's poorest countries.

Globally, tobacco kills five million people annually, according to the World Health Organization, with deaths expected to hit 10 million a year in two decades, 70 percent of those being in developing nations.

In 2006, Nepal's Supreme Court (SC) ordered the government to ban smoking in public places and outlaw tobacco advertisements in broadcast media, but the ruling has never been implemented.

Thursday, June 29, 2006
SC's no smoking zones

The Supreme Court Wednesday defined nine places as no smoking zones however, fifteen days had past since it ordered the government to prohibit smoking in public places.

According to the full text of the verdict on tobacco consumption at public places, the no smoking zones are offices that provide public service, educational institutions, public vehicles, bus parks, ticket counters, public entertainment places and places/ buildings of public gathering.

Besides, the court has given one year deadline for the government to ban smoking in public places and enforce anti-tobacco laws. Justices Anup Raj Sharma and Rajendra Prasad Koirala prepared the verdict. As per the verdict, the government is also required to prohibit publication of advertisements of tobacco in print media as soon as possible. (Legal News from Nepal, June 2006)

Nepal - big cigarette companies - Surya Nepal, a subsidiary of India’s ITC and British American Tobacco, and Seti Cigarette Factory, a subsidiary of Philip Morris—have greatly increased their spending in all national newspapers and weekly, fortnightly and monthly magazines. Also, they sponsor many sport and entertainment programmes in Nepal.

Nepal has signed (3 December 2003) and ratified (7 November 2006) the
WHO Framework Convention on Tobacco Control (FCTC) Treaty.



Reference: Nepal to ban smoking in public places, Agence France-Presse (AFP), 6/1/2010.

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Scotland - renewing efforts to stop pregnant women from smoking..

June 1, 2010 - Health officials in Scotland are renewing their efforts to reduce the rate of smoking in pregnant women, warning of the risk to them and their babies. Doctors, agencies and government officials in Scotland are working together to get the word out: if you smoke while pregnant, you’re risking more than your own life.

Directly related news brief: Scotland - self-reporting of smoking by pregnant women underestimates true number of pregnant smokers.., also Smoking during pregnancy and postnatal environment - socioeconomic inequalities...

Following on the heels of research by Glasgow and Stirling universities for the NHS that only three out every 100 women quit smoking while pregnant, the British Medical Association (BMA) and Action on Smoking and Health (ASH)are working with doctors to promote the United Nation’s World No Tobacco Day.

“Around one in five women smoke during pregnancy and, although this is an improvement on previous years, it reflects the lack of knowledge among Scots about the health risks of smoking, not only to themselves, but to the health of their children,” BMA Scotland’s deputy chairman Dr. Sally Winning told The Herald.

Interesting program: England - program to pay pregnant women not to smoke seems hopeful..

AHS Scotland’s chief executive, Sheila Duffy, explained the No Tobacco Day: “The theme of this year’s World No Tobacco Day is gender and tobacco with an emphasis on marketing to women. The World Health Organisation has produced some excellent posters showing the dangers of smoking and the illnesses it can cause and are calling on countries to ban all tobacco advertising, promotion and sponsorship.”

“Research shows that the tobacco industry is using the cigarette packet more aggressively and more effectively as a marketing tool to recruit smokers as other promotional avenues are closed,” Duffy added.

The BMA and AHS campaigns follow the revelation that Scots are increasingly looking for help with giving up smoking. The NHS estimated that almost 70,000 people tried to quit smoking in Scotland in 2009, an increase of 35 percent over 2008. “We need to offer more smoking cessation support to adults and parents to help those who wish to stop smoking stay stopped,” Winning told the BBC.

Reference: Scotland renews efforts to curtail smoking in pregnant women by Shawn Douglas, BabyChums.com, 5/31/2010.

Scotland - related news briefs:
Scotland - cigarette smoking quit attempts increase by 35%..;
Scotland - retailers can provide input on future to ban the display of tobacco..;
Scotland - campaigners want more to be done to protect young people from passive smoking..;
Scotland - government no plans to ban smoking in cars and public places used by children..;
Scotland - smokers will be banned from fostering or adopting children, comments from Professor Banzhaf..;
Scotland - parliament votes to ban retail cigarette displays and vending machines..;
Scotland - health minister urges smokers to quit..;
Scotland - some men beginning to lead a healthier lifestyle and therefore living longer..;
Scotland - self-reporting of smoking by pregnant women underestimates true number of pregnant smokers..;
Scotland - tobacco firms claim proposed display ban is unnecessary..;
"Glasgow effect" - prevalence of cigarette smoking impact on poor health..;
Scotland - tobacco industry will try to stop attempts to curb sales to young people..;
Scotland - cigarette vending machines removal..;
Scottish politicans most have the courage to protect the health of their constituents..;
Scotland - small businesses given extra 2-years to remove tobacco displays..;
Northern Ireland - assembly approves ban on display of tobacco items..;
Scotland to ban cigarette displays and outlaw cigarette vending machines..;
Bar workers who smoke also benefit from smoking ban..;
17 countries in the world ban indoor smoking - ENFORCEMENT..;
England, Wales to ban tobacco displays in shops..;
Definite Health Benefits of Smoking Bans..;
Northern Ireland raising age for sale of tobacco from 16 to 18 joining the other three United Kingdom (UK) countries..;
Scotland proposes to implement more measures to discourage tobacco use including the banning of tobacco displays..;
Raise Age to 21 to Purchase Tobacco Products...
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