Cigarette labeling suit

When St. Louis attorney Stephen Tillery argument made earlier this month that Philip Morris had admitted the facts set out in his latest petition, without giving a formal answer, lawyers, tobacco giant argued that both parties agree to do so.

Tillery, who represents the plaintiffs in the decade-old class action suit over cigarette labeling that he is seeking to reignite, told Madison County Circuit Judge Dennis Ruth that he did not recall such an agreement and assumed it was just part of Philip Morris’ legal strategy

Stressing the need to keep track of just how the decision will likely be appealed, oral motion Ruth gave Philip Morris “for leave to file a formal response. He also appealed to the lawyers to look at my e-mail and let him know if there is a record of the agreement. Two days later, Philip Morris filed a proposed answer to the petition Tillery in seeking relief from dismissal $ 10.1 billion sentence came in 2003 over claims that Philip Morris mislead their customers through the use of “light” and “low-tar” cigarette labeling.

In an attempt to show the judge that Tillery Philip Morris agreed to file a petition against it with all the factual and legal arguments, instead of dealing with the problems alone, the company has included an e-mail string between the two legal teams. In the February 2 letter Tillery, Larry Hepler, one of the lawyers representing the tobacco company, wrote, “As you know, the Court of Appeal declined to reach the base we have come to our motion to dismiss the petition, except for timing and said that Judge Ruth should consider these grounds into custody.”

Hepler, lawyer Edwardsville, continued: “With all the time that has passed, we believe that the best way to proceed would be for us to get our motion to dismiss and to file against your petition, which includes all of our legal and factual arguments against her to avoid, as you say, dealing in parts. ” “I think it makes the most sense, let me know what you think,” Hepler said. Tillery wrote back: “Just because I’m clear, you offer O, and then re-file your motion to dismiss, or simply provide your factual and legal response to the petition, so we do everything in one ear?”

Hepler Tillery answered the question with the proposed schedule, which said, Philip Morris will give a brief with all the factual and legal response to the petition, Tillery will respond to its brief within 30 days, and Philip Morris will give a reply within 21 days. After that, Hepler wrote one hearing will be held for Ruth to hear arguments on the application. In a letter sent Hepler, Tillery wrote that, as the only remaining basis for moving Philip Morris “, whether to dismiss the plaintiffs have sufficient grounds for exemption under Section 2-1401 of the Civil Procedure Code,” it seems that we could have done in a single hearing. “

Tillery added: “In other words, you must submit a factual and legal response to the petition, and then we move from one court hearing … If this is what you propose to do, I think we can work something out.’ After several email exchanges between the two, Tillery said: “We can make a deal,” and then offered a specific date for the parties to file their responses to questions. Hepler said the other proposed schedule, which will give both sides more time to file their replies and answers. Tillery wrote in response: “It will work.”

Although this issue in the absence of a formal response to the petition Tillery was just one of several issues discussed during the lengthy hearing on August 21, it has become quite controversial. Chicago attorney George Lombardi, who argued on behalf of the tobacco companies at the hearing, said Tillery not raise the issue before the hearing, he said the move was “gamesmanship.” Tillery Ruth said that in 2007, the state high court’s decision in People v. Vincent argues that if the defendant does not respond to the petition, it is an acknowledgment of the facts. The proposed response filed on August 23, Philip Morris argues Vincent Court based its decision not only on the failure of the state to file an answer, but the fact that it does not offer any response to the prisoner section 2-1401 petition.

“But nothing in this or any other case suggests that the parties agreed to the procedure here … somehow not enough, in the absence of point-by-point response to preserve the defendant’s right to challenge the fact that the plaintiff’s claims were factual assertions,” Philip Morris argued. Tobacco Company then offered a point-by-point response to all of the claims alleged in the petition of the plaintiff. He noted that he did not offer any new arguments, and thus providing the company’s request to file a response shall be without prejudice to the customers Tillery.

Ruth noted on August 21 hearing that just because he gave an oral motion Philip Morris “for leave to file a response does not mean that he would have approved it. It is unclear when he will rule on the matter or motion seeking relief from the judgment of dismissal.

Price history

In 2000, Tillery filed a lawsuit against Philip Morris on behalf of Sharon prices, arguing that tobacco companies deceptively promoted the health benefits of light and low-tar cigarettes. It did not make claims for personal injury, and to search for the difference between what smokers pay for cigarettes and what they would pay if Philip Morris did not disappoint them. After a bench trial in Madison County, now a retired Madison County Judge Nicholas Bryon in 2003 he was awarded the plaintiffs damages in the amount of $ 10.1 billion, which includes $ 1.8 billion in attorney’s fees.

After the Illinois Supreme Court ordered Byron to dismiss the case in 2005, Tillery request reconsideration. The judge denied his request, stimulating Tillery on appeal from the U.S. Supreme Court, which denied it. After the Illinois Supreme Court, Byron dismissed the case in 2006. Two years later, Tillery seeks relief from dismissal in Madison County Circuit Court. Philip Morris moved down petition under the statute of limitations, and for that asserts a basis for relief.

Ruth, who inherited the business from Byron, when he retired, ruled in favor of the tobacco companies, saying the statute of limitations for filing a request has expired. Tillery appealed and, as Ruth, the Fifth District Court of Appeal found that the statute of limitations applies and does not address the tobacco companies claim that the plaintiffs could not claim as a basis for relief.

The appeals panel remanded the case back to Ruth on facts. Philip Morris appealed to the Illinois Supreme Court, which refused to violate a court of appeal last September. Although she wrote the majority opinion for the court in 2005, Garman disagreement with the decision of the court to refuse the application for a tobacco company for leave to appeal. She said that her colleagues had the petition Philip Morris “, because it inevitably comes to us in the normal course of the trial.”

County's proposed Tobacco-Free campus plan moves ahead

Beginning in September, tobacco will not be able to enjoy their habit on properties of Clatsop County government.

Margo Lalich, Clatsop County Public Health Director, presented a proposed law to the Clatsop County Board of Commissioners, which would establish tobacco-free campuses in the county several properties, including the Judge Guy Boyington Building at 857 Commercial Street in Astoria, building services at the district 800 and 820 Exchange St. in Astoria, and public works, building and the store in 1100 and 1196 Olney Street. in Astoria.

Lalich and Health Promotion Specialist Steven Blakesley argue that the cost of implementing a tobacco-free campus on properties was minimal only requires a sign, but this message is a tobacco-free campus project will send a very valuable public health.

“Tobacco is the leading cause of death in the United States,” said Blakesley Commission.

According to him, in an average year in Clatsop County 6409 (22 percent) of adults regularly smoke cigarettes. Passive smoking and tobacco use leads to serious illness in 1525 people and tobacco account for more than one-fifth of all deaths in the country. These deaths are a result of 13 million dollars in lost productivity.

The medical costs of tobacco-related diseases in the country is $ 14 million, $ 10.6 million, of which passes through Medicaid.

Blakesley said that while the sales of cigarettes have decreased over the past 20 years, tobacco is widely used among teenagers. Twenty-four percent of the 11 the class county reported smoking cigarettes (16 percent of the state), while 18 percent reported using smokeless tobacco.

“It’s important that we create policies to prevent the children from the beginning,” he said.

Blakesley said that a number of national and international organizations have made to reduce tobacco use, one of the main priorities for public health.

On August 2, Governor John Kitzhaber signed an order banning tobacco use on public property.

“Tobacco is the leading preventable cause of death and disease in Oregon. Human and financial costs are too high,” Governor Kitzhaber said in a statement. “By promoting a healthy environment for public employees, customers and visitors, we can create an environment that reduces tobacco consumption and protect health.”

In the second reading the proposed law will be held August 22 meeting of the commission districts. If it is adopted tobacco-free campus policy will come into force in September.

Lalich said the health department hopes to provide the Commission with the amendment to Resolution 2013, which would extend its application to other properties of the district.

Clatsop County Sheriff Tom Bergin commissioners gave his report on the state division of probation and the probationary period in the year after the commission voted to transfer duties of the head of the district in the sheriff’s department.

Bergin, head of the Lieutenant Kristen Hanthorn and two parole and probation staff reported a positive effect on the changes.

“I really believe that we have professional staff there and doing well,” said Bergin. “We can now work together better.”

In addition to coordinating the efforts of law enforcement and probation officers, parole officers have received training, equipment, and to send help to improve their safety, making it home.

“I think we have helped to improve their safety 10 times,” said Bergin.

A parole officer said that before they had access to the shipment, he called his wife to check in before and after he made a home visit.

Since the change, Bergin said, parole and probation has increased the number of home visits, an increase in revenue collection and reimbursement payments, reducing management and some of the costs, improve teamwork, and instituted a more flexible schedule to accommodate work schedules parolees.

“The only thing we really work for this funding from the state in 2013,” said Bergin. He said that if funding becomes too much, then he will have to seek parole and probation in the state.

In other Clatsop County Board of Commissioners action:

The Board approved the reclassification of two 4-H and the position of extension services. Former administrator of the Secretary Office Specialist classified as a specialist and former office was reclassified as an office manager.

The Board authorized the Chairman to sign the letter, Peter Huhtala requesting a grant from the Department of land and coastal zone management program.

Philip Morris gets in the UK

Philip Morris International, the biggest Cigarette Company in the world  has attacked the UK Department, in the end with the public over whether to introduce plain packaging for tobacco products.

A report commissioned by the manufacturer of  Marlboro brand of cigarettes said the cornerstone of the Research Ministry of Health about a simple package, failed to provide evidence that this will lead to a reduction in smoking, and were based on studies . The comments in the report of the American consulting firm Compass Lexicon, represent an unusually sharp criticism from a large tobacco company and goes to Alison Cooper, executive director of the FTSE 100 Imperial Tobacco, was criticized for the fact that the Ministry of Health “anti-business” in the last month.

They point to widespread tobacco industry fears that Britain may soon follow the example of Australia, where all tobacco products should be sold in packs of gray similar to the standard label and carrying a large health warnings this year. The report of the Ministry of Health of the Public Consortium for Health Research, a network of researchers, funded by the Ministry of Health, is the largest government report today in the efficacy of simple packages to reduce smoking.

Professor Gerard Hastings, one of the authors of the report, said: “A little more than three decades of research have been identified and it shows that plain packaging could help smokers in three ways: by increasing the value and effectiveness of health warnings by updating and thus smoking less attractive Remove confusion about the damage can cause packaging design. ” Separately, Philip Morris also released a study by researchers at Transcrime, Centre of Criminology research, based in Milan, which warned of plain packaging would be a fake cigarette lighter and can lead to increased smuggling of tobacco products in the UK.

“We do not think plain packaging would reduce smoking and simply lead to an increase in black market cigarettes,” said Philip Morris. So far, only Australia has a law on plain packaging. The government is struggling with a series of legal battles with tobacco authorities, who accuse him of illegal confiscation of their brands. This policy is also considered within the EU. British American Tobacco describes the data Ministry of Health for the introduction of plain packaging as “limited.” “We are very concerned about the way that the database and consultation impact assessment process falls short of standards that tend to require policies to be considered, let alone implemented,” said BAT.

Caution of tobacco tax in California

Over the past few years, in favor of higher taxes on the sin of trying to appease the Idaho Legislature increased the tax on cigarettes, arguing that such growth is wildly popular among the electorate. This is a trick that the American Cancer Society tried to legislative last winter.

Voters in California, of all places, rejected the proposal 29, which would raise the cigarette tax to the state of 115%. Slightly more than half of California voters oppose the idea, even if the tax increase by $ 1.87 per pack was exposed to the benefit of income that would funnel as much as $ 735 million cancer research, smoking cessation programs and law enforcement agencies.

The defeat is even more amazing when you consider the election in March, which showed that a qualified majority of California voters were willing to cast their “yes” vote for Prop 29.

Part of this stems from the fact that it is very easy to make a pro-tax increase poll, where voters are asked, “How would you like to raise taxes on the (insert name of someone else here) to solve the problems of this list?”

The result is almost amazing glowing. Most people do not smoke, so a tax increase, which appears to me the benefit at the expense of everyone else, seems to be easy to win.

But Californians were some clarity of mind on the subject: Yes, a tax increase will cause a lot of money but the money just to find its way into one or more government bureaucracy.

Cancer research is enormous, with the federal government spending as much as $ 6 billion a year on such programs. Smoking cessation programs already in place, with millions going to them.

And smokers are smart. Did not they just go somewhere to smoke, where taxes are lower or nonexistent? They are, and what they do.

And really, what is the promise of barrels of money to service a wide range of good deeds? Mostly smoke, as evidenced by recent research on the subject.

In 2009 the federal government increased excise taxes on smoking in order to finance the expansion of State Children’s Health Insurance Program. But the responsibility of the U.S. government has shown that raising taxes does not give the money was to be expected. This means that the costs of such programs are transferred to other taxpayers.

In case the federal government budget deficit would balloon, the shift to the children and grandchildren of the taxpayers.

Here in Idaho, even politicians who favor higher taxes on tobacco products, face the same questions California voters staged, and very few answers.

The main reason for any tax on income is for certain public purposes. Proponents of higher taxes on cigarettes just can not give a good story that additional funds will be used. Each person knows that the money will be used for government growing and nobody can guarantee that the revenues derived from tax increase that can lead and actually maintaining tax bureaucracy.

Even worse is that the tax will lead to fewer jobs, and Idaho, there is little effect of consumption of smokers are finding ways to avoid higher tax rates. California voters have realized this, and the vote should make Idaho lawmakers want to run as far as possible from the tobacco tax increase.

Cancel the tax on tobacco products in California

The great success of Big Tobacco in branding the proposed cigarette tax California’s government boondoggle sent a message that could be repeated in other states, as the tendency to vote for the opposition. After a flurry of campaign advertising, the industry managed to reduce support for a $ 1-pack tax support of cycling legend Lance Armstrong of the two-thirds vote in the March draw on Election Day.

While the outcome remains unclear, on Wednesday afternoon, a feat experts say undermines the once-popular measure could scare off enemies of tobacco in other states. $ 47 million advertising campaign – which is barely, mentioned the word “tobacco” – showed that cigarette manufacturers are moving away from arguing about its products and looking for other ways to attack the tax initiatives.

“If they’re talking about smokers, the majority of people in California do not smoke,” said Jack Pitney, a political science professor at Claremont McKenna College in Pomona. “Instead, they talk about wasteful spending, and most people in California against wasteful spending.” In March, a statewide poll suggested that the proposal 29, which would use tax revenue to fund cancer research, will be held with the approval of two thirds. With hundreds of thousands of voices will continue to rely on the environment, it may be days or more before the winner is declared.

Taxes have been shown to reduce smoking, especially among young people, but in campaign advertising, tobacco companies have ignored the issue of smoking and the taxes in full, and instead focus on the problems of the state can work in an attempt to distribute income. The strategy is not easy to sow doubt in the minds of some voters. Many newspapers, including the Los Angeles Times, opposed the action, declaring their unwillingness to join the tobacco companies and the general support of such taxes of sin. They argued that the proceeds should go directly to the State that Governor Jerry Brown announced last month, now faces a deficit of $ 16 billion.

The situation resembles the 2006 California cigarette tax measures that have led to a large margin to the tobacco companies spent $ 66 million to win his ads, including those with a doctor’s Central Valley. The same doctor was a center of anti-tax campaign this year. Proposition 29 resulted in early returns Tuesday for most of the mail ballots were counted. But as sites began to count the votes on Election Day, the measure fell behind and started back on the fraction of a percent. Health care and anti-smoking advocates said they would not allow California’s fierce struggle to keep them from challenging the tobacco industry in the future.

“They do not like to lose a big campaign like this, because they know what motivates us,” said Danny McGoldrick in Washington, DC-based Campaign for Tobacco-Free Kids. “I think they were trying to send a message to other states, not to try it, but I think people are now more than ever decided to take them.”Armstrong and the Coalition for Tobacco Control Group said that they raised about $ 12 million to support the measure. New York Mayor Michael Bloomberg made headlines when he was hit in the $ 500,000 to help offset the industry donations.

But efforts were dwarfed by the $ 47 million raised opponent’s great distances, even for the hottest races of the state. For comparison, Jerry Brown has spent about $ 36 million in 2010 to become a successful proposal by the Governor of California and Wisconsin Governor Scott Walker and his allies spent $ 47 million to repel recall task this week. The most populous state of the country has become a problem for proponents of the tax on tobacco products in recent years. Californians approved a raft of restrictions on smoking in the late 1990s and helped to drive smokers away from the beaches, from the bus station, and in some cases out of their cars and apartments.

Famously health-conscious state did not raise taxes on tobacco since 1998, while the rest of the country caught up. If the new tax is passed, California would still have only 16 highest tax rate in the country. The vast majority of past taxes on tobacco products have been approved in the statehouses, and not the election, according to data compiled for the Associated Press, the campaign for Tobacco-Free Kids. Missouri voters are expected to weigh in on tax increases on tobacco products in November, and such proposals await action in Rhode Island, Massachusetts and Illinois statehouses, according to the campaign.

In California, where the smoking rate is just 12.1 percent, lawmakers have defeated more than 30 attempts to raise tobacco taxes in the last 30 years. Anti-smoking advocates say that far from discouraging them, every defeat in the election teaches them how to make their initiative are less vulnerable to attack. “This shows that spending 47 million dollars can make people confused, and when people are confused, they tend to vote no,” said Stan Glantz of the University of California at San Francisco Center for Tobacco Control Research and Education.

If the measure was sent the money directly to the bleeding in the general fund of the state, the opposition campaign would not have been able to raise the range of tax dollars leaving California, he said. “But they probably would have thought of something else,” he said.

Lower taxes, tobacco up, and road tax in the budget of Osborne

George Osborne has promised a simple tax system, far-reaching reform of the system in which millions of low wage raise of taxes in general.
Among the major announcements were the new pension system that will be easier to understand and a significant reduction in income tax.
The duty on tobacco is increased by five percent. Road tax increases to inflation and rising fuel prices have already offered debt will go ahead this year. The duty had been frozen for transport companies.
Some would be inclined to spend windfall. I not going to waste. Instead, I used it to pay off debt.
George Osborne Perhaps most controversially, 50p top rate of tax for the wealthiest in society has been reduced to 45p in 2013.
He pushed forward step – unpopular with some Liberal Democrats – to discover that an official report found the taxman was increased” almost nothing”.
He also proposed to reduce the reduction in child allowances paid to the better.
But he raised the threshold at which all begin to pay taxes of up to £ 9205, claiming that millions of workers would be £ 220 a year better as a result.
The Chancellor also confirmed that the suppression of various tax loopholes used by the rich including a 15% rate duty on homes held by the company.
In general, Mr. Osborne said that his action will cause five times as much from the rich than the 50% maximum rate imposed labor.
The Chancellor is also mitigated by planning to bring benefits to children from wealthy families. Allowance for a child only to be canceled, if someone in the house earns more than £ 50,000 – and only gradually.
This means an additional 750,000 families earn significantly more than the average wage will have some form of child allowances.
He said: “We’ll make our way in the world, providing new growth-friendly rules for planning.”
Click here for live analysis of the budget today from PricewaterhouseCoopers, however, he warned of the risks associated with the crisis in the euro area and Iran. He said that the Office of Fiscal Responsibility UK economy is expected to avoid recession. The growth figures in the OBR 2012 are 0.8 percent and 2 percent next year and 2.7 percent in 2014.
In accordance with the OBR, unemployment will peak at 8.7 percent this year before falling back.
The plaintiff estimates of the number revised downward by about 100,000 for each of the following four years, reaching 1.67 million this year, instead of the predicted 1.8 million.
It is expected that inflation will fall to 1.9 percent next year – just below 2 per cent of the
The deficit is also falling.
Borrowing forecast was revised downwards to £ 1 billion to £ 126 billion in 2011/12, £ 120 billion in 2012/13, £ 98 billion in 2013/14, £ 75 billion and £ 52 billion, £ achieve 21000000000 2016/17.
“We must stay the course,” said Osborne. “There will be no gifts today.
“Some would be inclined to spend the windfall.
“I’m not going to waste. Instead, I used it to pay off debt.”
However, he warned that millions of workers may have to work longer before they can retire.
Osborne told MPs:” I can confirm that today would not be an automatic review of the state pension age to ensure it keeps pace with the increase in life expectancy,” which caused the prospect of ever long life.
Osborne also set the task of saving the welfare budget of 10 billion pounds by 2016.
“We will also maintain our control welfare spending.
“The law on welfare reform two weeks ago was a historic moment.
“I pay tribute to my Right Honorable Friend the Secretary of Labor, and Pensions, and all my colleagues in the coalition for support for his resolute opposition to those who defend the unlimited wealth.
“But even with the law, to ensure the budget will grow to consume a third of all government spending.
“If nothing is done to rein in the welfare bill next, then the total mass of the cost containment will come from departmental budgets.
“The next spending review will be faced with it.
“So today I am publishing analysis, which shows that if the next spending review, we support the same rate reduction of departmental expenses, as we did in this review, we would have to make savings in the welfare of 10 billion pounds by 2016.
“We will also take into account the rise in aging population and the burden this places for future generations.
“We will be publishing a White Paper on social care.
I also said we will consider proposals for the management of future increases in state pension age, for an increase have already been announced.
“I can confirm that today would not be an automatic review of the state pension age to ensure it keeps pace with the increase in life expectancy.”
One of the areas where future government spending is expected to be lower than planned is Afghanistan.
Osborne also announced a 100 million pound improvement accommodation. Forces serving abroad, will receive 100 percent of the average bill assistance for council tax, and family well-being of the grant will be doubled.
Among the announcements of the transport infrastructure was a plan to extend the electrification of the Trans-Pennine route.
Get Britain Building Fund, which provides funding for construction, should be expanded. Financial partnerships should be expanded by 20 percent, and the enterprise finance guarantee will also be expanded.
Britain must resist”” lack of airport capacity in south-east, said Osborne. Ads are due this summer.
The Government is to support £150 million of tax increment financing to help councils promote development and provide an extra £270 million for the Growing Places fund. Ultra-fast broadband and Wife will be the first of the ten largest cities in the UK, including Newcastle. New tax breaks and incentives for film, animation and video games have been announced. To roars of approval Chancellor joked: “I intend to keep Wallace and Gromit is where they belong.”

Former Owner of Cigarettes Cheaper Sentenced to 5 Years

CA-Ned Roscoe was sentenced yesterday to five years in prison, and his father, John Roscoe, was sentenced to five years probation with 12 months of house arrest, U.S. Attorney Melinda Haag announced. Ned and John Roscoe, former owners and employees of cigarettes for less! Who was in the midst of nearly 800 stores across the country and $ 1 billion in annual revenue?
After a month of trial by jury, Ned Roscoe, 51, of Fairfield, Calif., was convicted Feb. 22, 2011, of all 28 charges. At trial, evidence showed that Ned Roscoe of conspiracy to defraud and make false statements to Comerica Bank, committed 13 acts of bank fraud, and made 13 false statements to Comerica Bank, where he knowingly submitted weekly borrowing base reports of inventory Comerica to August 22 ., 2003, to November 14, 2003 with the overvaluation of inventory, eventually inflating inventory by more than 16 million dollars. The jury also found that Ned Roscoe caused additional false statements made in the Comerica Bank, where he directed the employee to explain the cause false inventory inflation. U.S. District Judge Ronald M. Whyte, who sentenced Ned Roscoe, showed that Ned Roscoe actions caused losses in the bank more than $ 10.7 million.
John Roscoe, 82, of Green Valley, Calif., pleaded guilty January 21, 2011, of conspiring to give false testimony in the Comerica Bank. In accordance with the plea agreement, John Roscoe admitted that from August 22, 2003 to November 24, 2003 Ned Roscoe deliberately prepared, or caused to be prepared, falsely inflated estimates of the inventory reported Comerica, that John Roscoe agreed with Ned Roscoe, that he would prepare, or cause to be prepared, these reports are borrowing base, and that John Roscoe agreed that they appear to Comerica Bank. John Roscoe later admitted that he was aware that the employee was directed to explain the cause of false inflation of inventory.
Federal Bureau of Investigation began an investigation in 2004 after the transition from Comerica Bank. Ned and John Roscoe were indicted by federal grand jury on June 16, 2007. September 30, 2011, the jury returned superseding the second charge, which contains 28 items.
These sentences were imposed Judge White, who was also sentenced Ned Roscoe, a five-year period of supervised release. Ned Roscoe is scheduled to begin serving his sentence on March 21, 2012. John Roscoe will begin serving his sentence immediately. The judge scheduled a hearing on the White March 5, 2012, to determine the amount of restitution Ned and John Roscoe will have to pay Comerica.
Eumi Choi and Grant Fondo are the assistant U.S. attorneys who prosecuted the case with Kamille Singh. The prosecution is the result of a three-year FBI investigation.

Government’s plan for graphic cigarette labels

The U.S. Chamber of Commerce, weighing in on a lawsuit over graphic cigarette warning labels, said that the federal government has no legal authority to take place on the packaging or Tobacco Company advertising to convince consumers not to buy the product.
The pro-business lobbying group filed a friend of the court brief with the U.S. Court of Appeals in Washington late Monday in the lawsuit, some of the largest U.S. tobacco companies, including RJ Reynolds Tobacco Company and Lorillard Tobacco Co. plan to suit challenges the Food and Drug Administration to require new graphics warnings be placed on cigarette packs this year. Tags include seam of the body of the smoker, and paintings diseased lungs.
A U.S. District Court judge in November blocked the label when deciding they violate the company right to freedom of speech, stating that it is likely cigarette manufacturers succeed in the lawsuit. FDA appealed this decision and oral arguments are set for April. Oral arguments on motions opinion about the new labels at the bar is scheduled for Wednesday in U.S. District Court.
In its filing, the group that represents more than 3 million businesses and professional organizations in the United States wrote that that resolution warning labels would be “a radical departure from traditional government efforts to regulate speech because they force businesses to discredit the very products that are they are legally marketing.”
The chamber also added that the label “designed to provoke an adverse emotional reaction and feared above and beyond any actual disclosure of information related to the risks associated with smoking.”
The tobacco companies have questioned the constitutionality of the label, saying, warning not just to convey the facts to inform decision people need to smoke, but that instead force cigarette manufacturers to display the Government’s anti-smoking propaganda is more noticeable than their own brand. They also say that changing the packaging of cigarettes will cost millions of dollars.
Meanwhile, FDA said that the public interest to transfer the dangers of smoking outweigh the companies the right to freedom of speech.
The FDA in June of last year approved nine new warnings that the company prints the entire upper half of a cigarette pack, front and rear. The new warning, each of which includes a number of quit smoking hotline should also be 20 percent of cigarette advertising and marketing to turn the use of the images.
One label depicts a corpse with its chest sewn up and the words “Smoking can kill you.” Another label shows a healthy pair of lungs in yellow and black pair with a warning that smoking causes fatal lung disease.
Joining North Carolina-based R.J. Reynolds, owned by Reynolds American Inc., and Lorillard Tobacco, owned by Lorillard Inc., in the lawsuit are Commonwealth Brands Inc., Liggett Group LLC and Santa Fe Natural Tobacco Company Inc.
Richmond-based Altria Group Inc, parent company of the largest cigarette manufacturing country, Philip Morris USA, which makes the cigarette-store.biz/online/marlboro, is not part of the trial.
The free speech lawsuit is separate from a lawsuit by several of the same companies over the Family Smoking Prevention and Tobacco Control Act. This law came into force two years ago, paved the way for a clearer warning labels. But it is also possible to limit the FDA ban nicotine and tobacco companies from supporting sports and social activities, or give away free samples or branded goods.
A federal judge upheld many parts of the law, but the case is now pending before the U.S. 6th Circuit Court of Appeals in Cincinnati.
Although the last legal challenge the tobacco industry may not hold up, it could delay the new warning labels for many years. And it is likely to keep cigarette manufacturers millions of dollars in lost sales and increases the price on the packaging.
Tobacco companies are increasingly relying on their packaging to build brand loyalty and capture consumers. It’s one of few advertising levers left to them after the government curbed their presence in magazines, billboards and TV.

Restaurant smoke law gets tougher

RESTAURANTS will be considered entirely tobacco-free if the owners don’t separate smoking and non-smoking areas, according to a new rule to tighten smoking control in local eateries.
The rule requires restaurants larger than 150 square meters or that have over 75 seats to set up smoking and non-smoking areas. Those failing to do so will face punishment, officials said yesterday as a spot check was carried out citywide.
Fourteen restaurants and two individuals have been fined 28,100 yuan (US$4,460) so far this year for violating the city’s first anti-tobacco law, which bans smoking in 13 types of places like hospitals and kindergartens and requires establishment of smoking and non-smoking areas in middle-sized and large restaurants, said officials from the Shanghai Health Promotion Commission.
Officials said they carried out enforcement actions with different targets this year. By September, the city had fined 48 business venues and six individuals for breaking the anti-smoking law.
“The new rule is to make the law more feasible and give restaurants stronger pressure on smoking control,” said Gu Xiping from Shanghai Health Promotion Commission.
She said the commission has informed all local restaurants big enough to come under the new law. Restaurants smaller than 150 square meters or 75 seats are not covered by the local anti-smoking law.
“A unified smoking-control sign with the official complaint hotline 962727 has also been distributed recently,” Gu said.
During yesterday’s spot check, most restaurants said they were aware of the new rule and had carried out necessary measures.
Officials of Heji and Yue-you restaurants in Minhang District said both had put out signs to alert customers.
“We have three business floors,” said an official identified as He of Yueyou Restaurant. “The first and third ones are public eating areas, which ban smoking completely, while the second floor is VIP rooms where guests can smoke.”
Health officials also visited some restaurants that failed to pass the previous checks. Mengxiangcun Restaurant on Qixing Road has improved while Ayingbao on Zhongyi Road still has not, they said.
Although there was a ventilation system in Ayingbao, the smoking and non-smoking areas were connected, making non-smokers exposed to smoke and poor air quality.
Officials claimed they would impose punishment if the restaurant didn’t make any progress next time.
Local residents hailed the stricter measures.
“It can effectively protect women and children from second-hand smoke,” said Qi Yan, with her two-year-old son.
eastday.com

Orange Bowl Scraps Cigar Deal

Orange Bowl officials said that they have scrapped a planned sponsorship deal with Camacho Cigars, reported the Associated Press. Orange Bowl spokesperson Larry Wahl told the news agency that after mutual review, it was determined that it would not be appropriate to go forward with the sponsorship.
Earlier this month, Pinellas Park, Fla.-based Davidoff of Geneva and the Orange Bowl Committee announced a new three-year agreement that would have made Camacho Cigars a corporate sponsor of the Orange Bowl Festival, which included the 2012, 2013 and 2014 Discover Orange Bowls and 2013 Discover BCS National Championship.
The sponsorship included a large presence at several game-day events at Sun Life Stadium leading up to the 2012-2014 Discover Orange Bowls and 2013 Discover BCS National Championship. Football fans, VIPs and Committee members would have had access to onsite Camacho lounges where premium cigars could be enjoyed throughout the day. At the Orange Bowl Game Day Fan Zone, the Orange Bowl’s largest pregame event, guests could relax before kickoff in the Camacho Club Lounge. There would also have been two cigar lounges located in the designated smoking areas of the stadium on the Club Level for attendees of the Orange Bowl VIP pregame party.
Last week, the Campaign for Tobacco-Free Kids, the American Cancer Society and eight other groups sent a letter (click here to view the full text of the letter) to game organizers and officials with the collegiate athletic group that raised concerns over the deal.
“The association of cigar smoking with one of the nation’s top collegiate sporting events sends the wrong message to impressionable young fans and helps market cigars as athletic, masculine and cool,” the groups wrote in the letter. “Linking tobacco use to sports also downplays the serious health risks of tobacco products.”
In the letter, the groups said that the cigar company sponsorship conflicts with NCAA rules that forbid student-athletes and all game personnel from using tobacco in any form at practice or in competitions.
Also last week, U.S. senators Dick Durbin (D-Ill.), Frank R. Lautenberg (D-N.J.) and Richard Blumenthal (D-Conn.) called on the National Collegiate Athletic Association (NCAA) and the Orange Bowl Committee to reconsider a three-year agreement making a cigar company–Camacho Cigars–a corporate sponsor of the Discover Orange Bowl.
“Tobacco has no place in sports, and the promotion of cigars at the Orange Bowl sends the wrong message to young fans,” the senators wrote (click here to view the full text of the letter). “A tobacco company’s sponsorship of the Orange Bowl undermines a premier collegiate sporting event and promotes tobacco use to young fans, putting them at risk of developing an addictive and dangerous habit. Furthermore, Camacho Cigars’ sponsorship is at odds with the NCAA rules prohibiting tobacco use by student athletes and all game personnel in any form at practice and in competitions.”
This season’s Orange Bowl is scheduled for Wednesday, January 4 in Miami, where No. 23 West Virginia will play No. 14 Clemson.
Founded in 1961 by Simon Camacho, Camacho Cigars was acquired by the Eiroa family in 1995. Now part of the Oettinger Davidoff Group, Camacho Cigars is one of the key players in the international cigar market. The flagship Camacho brand, made at Rancho Jamastran in Danli, Honduras, is comprised of 11 premium and super-premium line extensions: Super-Premium (Diploma, 10th Anniversary Corojo, Liberty Series, Triple Maduro, Select), Premium (Corojo, Connecticut, Coyolar, Havana, SLR and Room101). Camacho Cigars also has seven core brands, including Baccarat The Game.
cspnet.com