Blunt response to tobacco suit against Worcester

The blunt wrap tobacco industry has decided to drop its federal court challenge into the legality of the city's ban of the sale of blunt wraps — a thick cigarette-like rolling paper usually made from tobacco leaves.

City Solicitor David M. Moore said the blunt wrap companies that had sued the city decided to dismiss their case in light of the state Supreme Judicial Court's refusal to hear their appeal of a court decision that upheld Boston's blunt wrap sales ban, as well as comments and questions made by the federal judge at the Nov. 9 hearing on their challenge to the Worcester ordinance.

Mr. Moore said he was told yesterday about the companies' decision to withdraw their case against the city.

Earlier this year, the City Council adopted a series of amendments to the city's tobacco control ordinance, including a ban on the sale of blunt wraps on the basis that it was a tobacco product presenting all the negative public health consequences of other tobacco products.

It was also believed that the product was associated with the consumption of controlled substances.

Mr. Moore said the city blunt wrap sales ban was modeled after a similar ban adopted by the Boston Public Health Commission in 2008.

He said the Boston ban was upheld by Suffolk Superior Court and, on appeal, by the state Appeals Court. On Dec. 1, he added, the state Supreme Judicial Court refused to grant a further appeal, leaving the Appeals Court decision in effect.

Because of the legal challenge to that provision of the city's tobacco control ordinance, Mr. Moore said, the city agreed in court to stay enforcement of the blunt wrap sales ban until after the court ruled on the legality of the Worcester ordinance.

He said the blunt wrap sales ban will take effect 30 days after the federal court accepts the companies' request for dismissal.

District 2 Councilor Philip P. Palmieri, chairman of the City Council Public Health Committee, said it was “great news for the city” and an important first step toward fully implementing all provisions of the tobacco control ordinance adopted by the council in April.

Mr. Palmieri, who was a leading advocate for the ban, said the companies' decision to drop their lawsuit is a vindication of the council's action.

“This is a first step in the process,” he said. “Obviously, now we anxiously await to hear from the court of other provisions of the ordinance we adopted. We are very hopeful that the court system will render a decision on those other aspects in the not too distant future.”

The four amendments to the city's tobacco-control ordinance adopted by the City Council impose greater restrictions on the sale and advertising of tobacco products.

British Department of Health Publishes Tobacco Display Ban Guidance

The British Department of Health has released its guidance on how retailers should go about complying with the tobacco display ban in England. The new rules will apply for all stores larger than 280 square meters beginning April 6, 2012, and expand to all other shops on April 6, 2015.

The guidance was devised in collaboration with the Local Government Regulatory Support Unit, the Association of Convenience Stores (ACS) and the British Retail Consortium. “ACS has worked closely with government officials to make sure this guidance takes account of the practical difficulties retailers will experience, and ensure it will provide clarity to retailers on the requirements and their responsibilities under the new regulations,” said James Lowman, who heads ACS.

“While we welcome the guidance, it is disappointing this has taken so long to be published. The regulations will come in to force for large retailers next April, yet they are only now being given the detail of the requirements they face,” he said.
The tobacco display ban was announced in March 2011. ACS stated that there still remains a lack of clarity around compliance deadlines in Wales and Northern Ireland. Scotland also intends to ban tobacco display, but that would be separate legislation.

Christopher Hitchens’ passions: Words, alcohol and cigarettes

British-American writer Christopher Hitchens— the combative and caustic critic, intellectual, atheist and self-defined “conservative Marxist” — died Thursday at the age of 62 at a Texas hospital.

The cause of death was pneumonia, a complication of oesophageal cancer. He died Thursday night at M.D. Anderson Cancer Center in Houston, surrounded by family and friends.

Vanity Fair magazine, which announced his death, said there would “never be another like Christopher.”

The magazine’s editor, Graydon Carter, described Hitchins as someone “of ferocious intellect, who was as vibrant on the page as he was at the bar. Those who read him felt they knew him, and those who knew him were profoundly fortunate souls.”

Hitchens disclosed in June 2010 that he was being treated for cancer and would be “a very lucky person to live another five years.” He continued to write even as he temporarily lost the use of his voice.

In an August essay for Vanity Fair, he wrote, “I sometimes wish I were suffering in a good cause, or risking my life for the good of others, instead of just being a gravely endangered patient.”

His passions included words, alcohol and cigarettes. He once wrote that his daily intake of alcohol was “enough to kill or stun the average mule.”

A 2010 interview with USA TODAY was conducted on a New York sidewalk because Hitchens needed a cigarette. He said then he had given up smoking for two years but resumed as he was finishing his memoir, Hitch-22.

“I figured one cigarette isn’t going to kill me, which is stupid,” he said between puffs — shortly before he discovered he had cancer

Medical marijuana for ADD? State considers it

State officials will consider a request to allow medical marijuana for people with ADD and OCD, nearly two years after denying the drug to depressed and bipolar patients.
The petition is the latest attempt to add a mental illness to Washington's list of qualifying conditions for medical cannabis. Three other petitions, for depression and other mental health disorders, have been denied.
Passed by voters in 1998, Washington's law allows patients with terminal or debilitating conditions to use marijuana. Qualifying conditions include cancer, HIV, multiple sclerosis, glaucoma and "intractable pain." It also includes anorexia, as a disease that results in nausea, vomiting and wasting away.
The latest request involves an Edmonds man who petitioned authorities in September to include attention deficit disorder and obsessive compulsive disorder, conditions he said he has suffered from for years.
The man said he had seen a psychologist regularly with little relief. He said various medications -- stimulants, depressants, anti-psychotics, anti-depressants and anti-convulsants -- have not helped.
"At this point, my psychiatrist ... has recommended that I write a letter asking for an opinion on medical marijuana, as other options have been exhausted," the man wrote.
The Medical Quality Assurance Commission and the Board of Osteopathic Medicine and Surgery will consider the man's petition at a hearing on Jan. 11.
"What they're looking for is some clinical and scientific basis for adopting it," Blake Maresh, the osteopathic board's executive director, said Tuesday.
'Incredibly complex issue'
In February of 2010, the medical commission denied a request from a man who had suffered from a social anxiety disorder since the fifth grade. He said cannabis had helped him more than any other treatment.
Other patients with bipolar disorder, severe depression and other anxiety disorders also told the commission that pot was the only thing that helped.
But the commission found insufficient scientific evidence that showed pot helped patients with those conditions. It found that no rigorous, controlled, randomized, peer-reviewed and published trial had been done on the issue.
That denial followed the rejection of two other similar requests. In 2001, the commission denied medical marijuana for patients with manic or chronic depression. In 2004, they again denied it for people with depression and severe anxiety.
The issue has raised unanswered questions for mental health advocates and health-care providers. While many patients report feeling better with marijuana, many doctors say the drug's mood-altering qualities can mask and worsen symptoms.
"Marijuana usage among individuals who live with serious and persistent mental illness is an incredibly complex issue," said Christine Lindquist, executive director of the local National Alliance on Mental Illness chapter.
"Many people who self-medicate with marijuana report significant relief from their symptoms, although for others, complete abstinence from drugs or alcohol is necessary for stability in their health."
The last qualifying condition added for medical marijuana in Washington was chronic renal failure in 2010.

Olens defends trip with tobacco lobbyist

A spokeswoman for Georgia Attorney General Sam Olens justified a plane ride the state's top prosecutor took with a tobacco lobbyist.

A lobbyist for Altria, parent company of tobacco giant Philip Morris, disclosed the flight to the state Ethics Commission, valuing it at $1,304.54. The lobbyist is Sean Collins.

Olens' office says Collins accompanied Olens on the round-trip flight. The Attorney General accepted the flights with the tobacco lobbyist in order to attend a meeting of Republican attorneys general in Palm Beach, Florida.

"Accepting an invitation to join this flight was legal and it was reported in a transparent manner," Olens spokeswoman Lauren Kane wrote in response to 11Alive's emailed questions.

Kane said the flight originated in the southeast Georgia city of Brunswick November 14 and "did enable (Olens) to attend the conference and keep his other commitments."

Kane says Olens flew back to Atlanta on the private plane following the conclusion of the conference.

The Attorney General's free flights came under attack from the Campaign for Tobacco Free Kids, an anti-smoking group. It monitors payments by tobacco companies to states involved in a legal settlement reached more than a decade ago. An official with the group said it was a conflict of interest for Olens to accept the free travel from a lobbyist with an industry involved in ongoing legal issues.

"Public officials charged with enforcing this agreement, getting travel money to conferences from the companies that are subject to that agreement, is ridiculous and outlandish," said Danny McGoldrick of the Campaign for Tobacco Free Kids in Washington.

But Olens' spokeswoman says the face time with the Altria executive was useful.

"Tobacco companies are seeking to reduce payments to the states. We're vigorously fighting them," Kane said. "At that time, the companies had not decided which states to challenge, and Sam hoped to convince them not to challenge Georgia."

Kane said Olens was unavailable to speak on his own behalf due to an illness that has kept him out of the office this week.

E-Cigarettes: An Emergent Threat To Big Tobacco?

The cigarette sector is well known for its cash generation abilities, moderate valuations, and generous dividends. Having survived years of lawsuits and a somewhat diminished demand, the sector still promises some earnings growth and stability.

Although production, consumption and even exports in the US have been on a clear downward path as shown below (source: CDC, "Cigarette Production, Exports, and Domestic Consumption—United States, 1990–2007"), the companies have been able to adapt through price increases, cost cuts, and conquering new external markets.
The sector presents homogenous valuation in terms of Price/Earnings and Dividends, although with somewhat different growth rates, making for a wide dispersion of Price/Earnings/Growth (PEG), falling between the 1.4 awarded to Philip Morris International (PM) and the 3.0 that Reynolds American (RAI) gets.

The sector’s high ROEs are both a function of its stable, highly profitable, nature, and the fact that these companies have repurchased a lot of shares which greatly impacted their book value (this is particularly evident in Philip Morris International).

The threat

Along the years, big tobacco has survived many threats, the two largest being the endless lawsuits due to the health impact cigarettes have, and the lower overall consumption (some of it also coming from the health hazard being much more widely known now).

However, there’s a new threat emerging presently: e-cigarettes and the associated “vaping”. With these new cigarettes, the smoker doesn’t actually smoke – he inhales a vapor mix that includes both a flavor, and nicotine.

PM USA Set to Hike Cigarette Prices Next Week

Cigarettes will get slightly more expensive next week, as tobacco industry insiders report that Philip Morris USA (PM USA) is set to hike the price of its cigarettes by 5 cents a pack across all its brands.

According to Bonnie Herzog, managing director, Beverage, Tobacco & Consumer Research, at Wells Fargo Securities, tobacco industry contacts reported that PM USA is also reducing its off-invoice promotion allowances on L&M to 34 cents a pack (down from 55 cents) through Jan. 28, 2012. She noted this price increase should bode well for R.J Reynolds' Pall Mall brand.

In an e-mail this morning, Herzog wrote that PM USA's list price increase "is encouraging in light of its recent modifications to its controversial MLP (Marlboro Leadership Price) program since this increase will appease most retailers as it allows them to increase their margins."

A spokesman for The Altria Group, the parent company of PM USA, could not be reached for confirmation or comment.

"Overall, this price increase is positive and the industry still does have some pricing power. Given that consumption will likely continue to decline in the mid-single-digit range, pricing is necessary to drive top-line growth," Herzog wrote.

R.J. Reynolds and Lorillard Inc. are expected to follow suit with their own price increases in the coming days, she said. Their hikes are expected to be in line with PM USA's nickel increase.

These increases come five months after the big three tobacco companies raised prices this summer. Lorillard began that round of hikes by raising the price of its Newport Menthol brand by 5 cents a pack and Newport Non-Menthol by 11 cents a pack.

Edinburgh shops in under-age cigarettes fine

Two trained volunteers, aged 16, attempted to buy a packet of cigarettes at various premises across the city.

During these test purchases last month, two convenience stores, in the south west of the city, sold the product illegally to the under-age teenagers.

It is against the law to sell cigarettes to under 18s. The businesses have received a £200 fixed penalty.

If they are caught again they will see an increased fine of £400 and could be stopped from selling cigarettes.

Robert Aldridge, Edinburgh City Council's environment leader, said: "Trading standards officers have been busy visiting shops across the city to remind retailers of their responsibilities when it comes to selling tobacco.

"Retailers generally react well to visits from enforcement officers, and have found their advice useful, but the results of the most recent test purchase exercise are disappointing and highlight the importance of continued action.

"I hope these fines will serve as a stark warning that retailers must abide by the legislation.

"It is important that young people are aware that they will be challenged by responsible shopkeepers if buying cigarettes.

"I would urge the public to contact us with any information about under-age tobacco sales in their neighbourhoods."

Before to the tests, council trading standards officers visit shops and let them know that they will be carrying out checks in the near future and provide information packs on how to comply.

Ex-tobacco employees up for racketeering

Seven former British American Tobacco employees face racketeering charges if National Director of Public Prosecutions Menzi Simelane grants the go-ahead to amend theft charges against them, the Weekend Argus newspaper reported on Saturday.

The former employees, Pienaar van Heerden and his wife, Anthea, John van der Vent, John van Rooy, Phillip Gorden Heynes, Reginald Fisher and Terrence Keyster, appeared briefly in the Cape Town Magistrate's Court on Friday where they are currently charged with stealing more than R6.9 million in cigarette shipments.

When they appeared in court, it emerged that the State was applying to amend the charges to more serious counts of racketeering under the Prevention of Organised Crime Act.

The syndicate’s operations allegedly included the theft of about 590 boxes of cigarettes, mostly Peter Stuyvesant, intercepted while being shipped from the Gauteng plant to the firm’s laboratory in Stellenbosch to undergo quality testing.

Prosecutor Mzukizi Mazandwa asked on Friday that the case be postponed to allow the State to get necessary authorisation from Simelane.

Mike Loftus, who appeared on behalf of three of the accused – the Van Heerden couple and Van der Vent – said the State had already had more than three months to prepare.

Mazandwa then asked that documents seized at the homes of the accused during their arrests be unsealed to allow investigators to peruse and copy them.

The legal representatives for the accused objected to the State’s request.

Loftus described the State’s move to unseal the seized documents as a “blindside”.

He added that he had no objections to a postponement as long as it was marked final.

Magistrate Jasthree Steyn granted the postponement but denied the requests to unseal documents or to amend the bail conditions, saying that the defence did not have any time to receive instructions from their clients.

Obama scolds tobacco firms for fighting new labels

President Barack Obama — pronounced tobacco-free in his latest medical checkup — has tough words for cigarette makers.
Some tobacco companies, he says in a new White House web video, are fighting new cigarette warning labels because "they don't want to be honest about the consequences."
The video, provided to The Associated Press in advance of its release, observes Thursday's 36th "Great American Smokeout" by the American Cancer Society.
Obama says the country has made progress in reducing the number of Americans who smoke but notes that 46 million are still addicted.
"The fact is, quitting smoking is hard," he says. "Believe me, I know."
Obama has fought the habit by chewing nicotine gum, and his last medical report, issued Oct. 31, declared him tobacco-free.
"Tobacco remains the leading cause of preventable early deaths in this country," Obama says in the video. "We also know that the best way to prevent the health problems that come with smoking is to keep young people from starting in the first place."
In 2009, Obama signed legislation to help keep young people from lighting up. In June, the Food and Drug Administration approved new warning labels that companies would have to place on the top half of cigarette packs. Some of the labels are powerfully graphic and include images of a man exhaling cigarette smoke through a tracheotomy hole in his throat, the corpse of a dead smoker, diseased lungs and a smoker wearing an oxygen mask.
Companies led by R.J. Reynolds Tobacco Co. and Lorillard Tobacco Co. sued the FDA in August to block the labels, arguing the labels cross the line from fact-based warnings to anti-smoking advocacy. R.J. Reynolds and Lorillard declined to comment on the Obama video. Altria Group Inc., parent company of Marlboro maker Philip Morris USA, is not in the lawsuit.
Earlier this month a federal judge granted a preliminary injunction in the suit, blocking the requirement that would have begun forcing tobacco companies next year to put graphic images on their cigarette packages. U.S. District Judge Richard Leon said it is likely the cigarette makers will succeed in their suit to block the new standard.
"Today, some big tobacco companies are trying to block these labels because they don't want to be honest about the consequences using their products," Obama says. "Unfortunately, this isn't surprising.
"We've always known that the fight to stop smoking in this country won't be easy."

Brain’s Natural Marijuana-Like Chemical Could Lead to New Meds

Researchers have discovered a new way to boost the effects of anandamide — a natural chemical in the body that provides pain relief similar to marijuana.

Anandamide has been called the ‘bliss molecule’ for its similarities to the active ingredient in marijuana. As part of the body’s endocannabinoid system, this neurotransmitter has been shown in studies to offer analgesic, antianxiety and antidepressant effects. It also plays a role in regulating food consumption.

In the study, led by Daniele Piomelli, researchers identified an “escort” protein in brain cells that transports anandamide to sites within the cell where it is broken down by enzymes. They discovered that anandamide’s potency is increased when this protein, called FLAT, is blocked.

Previous work by the researchers suggests that compounds boosting anandamide’s natural abilities could form the basis of pain medications without the side effects of sedation, addiction or other central nervous system problems common with existing painkillers, such as opiates.

“These findings raise hope that the analgesic properties of marijuana can be harnessed for new, safe drugs,” said Piomelli, a professor of pharmacology. “Specific drug compounds we are creating that amplify the actions of natural, marijuana-like chemicals are showing great promise.”

For the study, Piomelli and his colleagues used computational methods to study how FLAT binds with anandamide and escorts it to cell sites to be degraded by fatty acid amide hydrolase (FAAH) enzymes. Blocking FAAH activity increases several effects of anandamide without triggering the “high” of marijuana.

Researchers hypothesize that inhibiting FLAT (FAAH-like anandamide transporters) might be especially useful in controlling certain types of pain.

Specific types of pain that could be helped by this discovery could include pain caused by damage to the central nervous system. It is also thought that it might help people break addiction to drugs such as nicotine and cocaine.

The study appears in the online version of Nature Neuroscience.

The study was conducted by researchers from the University of California, Irvine; Italy’s University of Parma and University of Bologna; and the Italian Institute of Technology.

Sexy pot ads provoke debate over medical marijuana goals

In 2009, as Los Angeles' booming medical marijuana economy inspired an emerald city of weed, Vanessa Sahagun found a business opportunity as "Chacha Vavoom," maven of the 420 Nurses.

Chacha and her "nurses" became a pot culture phenomenon. They savored bong hits on YouTube, modeled skimpy outfits to promote marijuana dispensaries – and stirred young men at medical pot shows teeming with sexual imagery.

"I was proud I was opening up a market creating 'green jobs' for these ladies," said Sahagun, 25.

But now, the sexual marketing of medical marijuana – with racy promotions that often trump the beer industry's swimsuit models – is at the center of an uncomfortable debate in the medicinal cannabis community.

Fifteen years after California voters legalized use of medical marijuana amid images of ailing AIDS and cancer patients, pot dispensaries featuring "bikini budtenders" suggest a different message: pot as a recreational pleasure.

"I've often said how offensive it is that we have naked girls with cannabis leaves or mini-mini-mini-skirts," said Lanette Davies, a Sacramento dispensary operator who condemns others in the industry for marketing sex. "That has nothing to do with medication."

Davies, whose family runs the Canna Care dispensary, said some in the industry "believe there is more money" marketing to recreational marijuana users. "That's not what people voted in. That's not why we're supposed to be here," she said.

Ryan Landers, a Sacramento AIDS patient who leads a medical marijuana policy group called "the Compassionate Coalition," said trade shows featuring "Hot Kush Girl" contests and spicy ads "make my job a hell of a lot harder to convince people what we're doing is true and real."

Most medical marijuana dispensaries refrain from suggestive advertising – and some even feature multiple sclerosis patients or car accident victims who use cannabis for chronic pain.

But the California Organic Collective dispensary in Los Angeles' San Fernando Valley touts bikini-clad counter attendants in ads that depict a buxom nurse holding a red, nipple-shaped stethoscope to her breast.

The Reserve dispensary in Sacramento County employed a model in a metal-studded brassiere and Old West gun belt to promote a super-potent "Green Ribbon" strain packing 25 percent of marijuana's psychoactive tetrahydrocannabinol, or THC.

"They claim to be offering medicine, yet they're using marketing techniques reminiscent of some of the lowest standards of the beer industry," said John Lovell, a lobbyist for the California Narcotics Officers Association.

At the "HempCon" medical marijuana trade show this month in San Jose, the event's own marketing director took exception when she passed a booth for a magazine called Cali Chronic X. It featured seminude models posing suggestively with pot and exotic smoking accessories.

"I don't know why we have to mix marijuana with porn," protested Shawna Webb, a communications professional who uses medical cannabis for pain from a ruptured disk.

Webb said sex is the wrong image for the industry, particularly as California's four U.S. attorneys are targeting pot dispensaries for prosecution and threatening their landlords with property seizures under federal drug laws.
But Jeffrey Peterson, publisher of Cali Chronic X and a performer known as "the 420 comic," said he is making a stand against what he sees as prudish advocates who deny pot's popularity as a recreational drug.

"How dare do these people, who think they represent the cannabis culture, single out the edge of this culture – because we are the cannabis culture," he said.

Near Peterson at the San Jose trade show, Leslie Henck, a Bay Area go-go dancer, wore a bikini as the spokesmodel for a company selling joint-rolling machines. "You don't have to look unhealthy to need medical marijuana," said Henck, 19, who says her recommendation for pot helped her deal with anxiety.

"Sativa Grace," a model for Cali Chronic X, came to the show dressed as a tawdry Alice in Wonderland. Sativa's real name is Andrea Frye. The 21-year-old, who works in an adult novelties store, said she is empowering women.

"Hey, I may have sex appeal," she said, "but I can smoke all day like a guy."

Sahagun, a.k.a. Chacha Vavoom, started 420 Nurses as Los Angeles lit up with neon marijuana leaves from hundreds of new dispensaries. She sold outfits with hot pants sporting green medical marijuana crosses for women seeking pot modeling jobs.

"We went out with our cute uniforms, and I noticed a big response," Sahagun said. "I knew there was a fire there."

She said her "nurses" earn $10 to $25 an hour working in dispensaries or passing out business cards for doctors recommending marijuana – or $100 to $1,000 a day for promotional photos and videos.

At the "Kush Expo Medical Marijuana Show" in Anaheim this month, the 420 Nurses were joined by the Ganja Juice girls and a bikini troupe for an Orange County dispensary sponsoring the Expo's "Hot Kush Girl" contest. A whooping, largely male throng cheered as 21 women competed for signature edition bongs and cash prizes.
"The marijuana industry is male-dominated, and dudes love to look at hot chicks," said Ngaio Bealum, Sacramento publisher of a marijuana lifestyle magazine called West Coast Cannabis.

Bealum, who bills his publication as the "Sunset magazine of weed," said he doesn't run sexually suggestive ads.

And Bic Pho, marketing director for the Yerba Buena Medical Cannabis Club's six San Jose dispensaries, junked ads with bikini models after deciding they projected a bad image for medical marijuana.

"I just didn't feel it was appropriate. So we stopped," he said. Now the dispensaries advertise a damsel, fully clothed, in pirate's attire.

"We went with a pirate theme," Pho said, "just something to remember us by."

Big Tobacco launches legal fight with govt

The Gillard government's plea to Big Tobacco not to launch legal action against Labor's plain-packaging laws has fallen on deaf ears, with Philip Morris announcing it has already served notice of a dispute.

The federal parliament on Monday passed world-first laws that will force all cigarettes to be sold in drab olive-brown packs from December 2012.

Health Minister Nicola Roxon immediately demanded that Big Tobacco respect that mandate.
"We know that just as many smokers are addicted to tobacco and nicotine the tobacco companies are addicted to litigation," Ms Roxon told reporters in Canberra.

"But I call on them today to consider respecting the will of the parliament.

"Both houses, and all parties, have supported this legislation."

But less than an hour later, Philip Morris announced it had already begun legal proceedings using a bilateral investment treaty Australia signed with Hong Kong 20 years ago.

"The notice of arbitration was served on the government immediately following the passage of plain-packaging legislation for tobacco products by the Australian parliament," parent company Philip Morris Asia Limited said in a statement from Hong Kong where it's based.

Philip Morris forewarned the government of its plan in late June, when it entered a three-month mandatory negotiation period through the United Nations commission on international trade law.

The cigarette manufacturer argues the commonwealth is effectively planning to steal the company's brands in contravention of the investment treaty.

Philip Morris said on Monday that damages could run to billions of dollars and the legal process could take "two to three years".

"In passing the laws today, in our view, the government has breached an international treaty," Philip Morris spokesman Chris Argent told AAP.

"Plain packaging will damage the value of our brands and there are international business laws against that."

But legal experts believe things aren't that clear-cut.

A lawyer who's had more experience than most fighting cigarette companies in court, Peter Gordon, told AAP in late June that Philip Morris was actually on shaky ground.

Mr Gordon argued that the commonwealth wasn't taking away the property rights of tobacco companies but rather ensuring they weren't used to improperly promote cigarette use among kids.

At the same time, international law expert Don Anton noted that public regulation for a public purpose was not direct or indirect expropriation "and therefore is not prohibited by the investment treaty".

Philip Morris, like British American Tobacco Australia (BATA), also plans to launch domestic action in the High Court of Australia.

Ms Roxon was asked on Monday if legal action would delay the start of plain packaging.

"We don't believe that it needs to," she replied.

"(But) I'm not going to go through the legal ins and outs and possibilities as we potentially face litigation in lots of different forums."

Tobacco tax windfall should help smokers, Liberal leader says

In its reply Friday to the Speech from the Throne, the Liberals also called on the government to immediately reverse its decision to delay a hike in the minimum wage, abandon any plans to introduce a two-tiered wage system, and publicly disclose what cuts it is considering in the upcoming budget.

Interim Liberal Leader Victor Boudreau used his speech response in the Legislature to ask the Tories to support proposals the Liberals plan to present in the upcoming session.

That includes spending the extra $25 million in new revenue the Alward government found earlier this year by increasing the tobacco tax by 45 per cent.

"We know that chronic disease is one of the biggest contributors to the growing costs of health care," Boudreau said. "We propose this session that money raised by government through this tax be put towards the cost of a smoking cessation program for New Brunswickers addicted to nicotine.

"That investment would go a long way to helping reduce our costs for chronic health care."

Boudreau also called for full public disclosure of internal departmental reports that identify cuts to be considered for the upcoming budget, so New Brunswickers can have their say in how to balance the province's books.

"If you want New Brunswickers really involved in the budget process, make those reports public," Boudreau said. "Table them in the legislature before we break for Christmas."

The Shediac-Cap-Pelé MLA also reiterated calls for the immediate reversal of the Alward government's decision to delay the minimum wage increases. As well, the Liberals are calling on government to abandon its plans to introduce a two-tiered minimum wage system in New Brunswick.

For the second straight day, the Liberals also called for a special legislative committee tasked with consulting the public on shale gas development in the province.

The committee would host a series of public hearings and allow New Brunswickers to further weigh in on regulations the government brings to the table for shale gas development.

The Tories delivered its second speech from the throne since taking power earlier this week, pledging to continue to search for savings while growing the economy.

Alward's government also promised to begin reforming municipal government over the next two years - without forcing municipalities to merge - develop an action plan to improve access to family doctors and health clinics and make New Brunswick a leader in early childhood development.

Boudreau's speech on Friday also attacked the Tories at length for social service cuts that the Opposition believes have targeted the ordinary New Brunswicker.

"We understand that the recession hurt us. It hurt everybody," Boudreau said. "And while many places are actually far worse off than we are, we understand also that our province's deficit has to be trimmed. That means making some difficult decisions. We get that.

"But there's a smart way to do this. A way that focuses on job creation. A way that considers investments in things like education and training that will pay for themselves in the long run."

Indianapolis to consider stricter smoking ban

A new, enhanced smoking ban could be in place in time for the Super Bowl next year, one that bans smoking in all bars and bowling alleys, but the political maneuvering behind it has left some feeling snubbed.

City-County Council President Ryan Vaughn announced plans Tuesday to introduce a new ban to the council next month with the ordinance eligible for final passage on December 19, 2011.

The announcement caught several smoke-free advocates by surprise. The American Lung Association, Tobacco Free Kids, SmokeFree Indy and other organizations were planning a kick-off event Thursday to push for a tougher ban. Republican Councilor Ben Hunter and Democrat Angela Mansfield planned to introduce a stricter ordinance in early January, once Democrats took control of the council. They said there would be more support for a ban then and that the revised ordinance could still be in place for the Super Bowl.

But in a news release, Vaughn noted that state requires new regulations with penalties to be posted for 30 days prior to taking effect. He said the council had to act sooner in order for the ban to be effective when the city is hosting tens of thousands of visitors during Super Bowl XLVI.

Vaughn, however, never shared his intentions with the smoke-free advocates even though he was invited to the Thursday news conference. He did however, work with the mayor's office on his proposal. (The mayor was also invited to Thursday's event.)

Republican Mayor Greg Ballard has long opposed a stricter smoking ban, which came up during the 2011 mayoral race. The mayor just won re-election after fending off a challenge from Democrat Melina Kennedy, who supported a stronger ban. During a debate sponsored by WTHR, Indianapolis Star and The Indianapolis Recorder, the mayor, a former Marine, indicated he was open to compromise, as long as it didn't involve telling veterans that they couldn't smoke at their local VFW or American Legion post.

The city's current smoking ban has been in effect since 2005. The ordinance proposed by Vaughn would remove the exemption to the current smoking ban for hotel rooms, bars, restaurants serving only customers over the age of 21 and bowling alleys with the following exceptions:

Cigar/Hooka Bars: must annually generate $100,000 or 15% of gross revenue from tobacco products, only tobacco sold on site would be permitted to be consumed. Cigarette smoking would be prohibited in these establishments.

Retail Tobacco Business: whose primary business is the sale of tobacco products.

Not-for-profit private membership clubs: exempt from federal taxation and meets the definition of "private" or "fraternal" club under state statute.

Several Republican councilors have opposed a stricter ban, meaning Vaughn will likely need Democratic support to get his proposal passed.

Mayoral spokesman Marc Lotter said, the mayor would sign off on it if it reaches his desk, saying "it meets the criteria he laid out."

While Lotter insisted neither the Vaughn nor the Mayor's office went around or tried to upstage the smoke-free coalition, he did say Vaughn's was "a proposal we can get done."

Tobacco Free Kids and other smoke-free advocates endorsed Kennedy. Asked if that factored into beating them to the punch, Lotter said no, repeating, "it's a proposal we can get done."

A draft of the proposed ordinance will be available on the City-County Council website on Friday, December 2, 2011. If it passes the Republican-controlled Council and is signed into law by Mayor Ballard, the ordinance would take effect on January 22, 2012, two weeks prior to the Super Bowl.

Tobacco committee meetings should be open to the public

On Thursday, the Advisory Committee on Tobacco Policy held an open forum to encourage public input on the proposed smoking ban. Later that day, it held a meeting to discuss the results of that forum. This meeting, like all the others, was closed to the public.

We have to wonder why.

The open forum was a good attempt to encourage outside input and give students and faculty a chance to air opinions on both sides.

But because of the nature of the committee and its work, it was impossible to get a real answer to any of the questions. Each answer amounted to, “That’s a good point. We’ll be sure to take it into consideration.”

Which is exactly the purpose of the advisory committee. But how does the public know their opinions are really being taken into account if they are barred from the meetings?

The university has often stressed its commitment to transparency and student input. It has claimed that this committee’s recommendations will be an important part of any decision made about the smoking ban.

If the administration is serious about these claims, it should be willing to prove them. Prove to us that our opinions are actually being taken into account, and that the committee is actually expecting its work to matter. Let us witness these things for ourselves by attending the meetings.

Some members of the OU community have expressed doubt that the committee’s work will matter at all, claiming that the decision was made as soon as Boren announced his support for a campuswide ban.

The tobacco committee and the administration have both been insistent that this is not the case. We call on them to prove it.

There’s no obvious reason the committee should be closed to the public. Yes, technically, these committee meetings don’t fall under the Open Meeting Act, because the committee is not a decision-making body.

But even outside of legal requirements, the administration could still choose to open them to public attendance.

We’re not asking for time at every meeting for the public to speak before the committee. That would slow down the process considerably. And it would be no more effective than the means people have already used to express their opinions.

We simply want the public to be able to attend the meetings and watch the discussions, to ensure those opinions are being taken into account and hold the committee accountable to its promise to consider all sides of the issue.

It’s possible that the committee is worried that the public’s conduct could get out of hand due to the passion evoked by this issue. After all, we can see from the letters and comments we’ve received, as well as the remarks at the public forum, that the smoking ban proposal inspires fervent opinions from both sides.

So students, if the administration decided to open the meetings, you would need to show that this right is important by attending them and refrain from disrupting the proceedings by remaining respectful observers.

We’re not sure why the administration has chosen to keep these meetings closed, but whatever the reason, we urge it to reconsider.

A little transparency in this process could go a long way toward helping both sides better understand each other’s arguments, which could lead to an effective compromise — or at least reduce the inevitable bitterness from the losing side.

More publicity needed on smoke-free living

How many have taken an early start to quit smoking? November is Lung Cancer and Tobacco Awareness Month! The color for lung cancer is white or pearl. Tobacco awareness is brown. Lavender is the color representing all cancers.

Last month, there was a letter on the Opinion Page, concerning smoking bans. It would have made a great story for Lung Cancer Awareness Month. So little is written about tobacco awareness, and lung cancer.

Stephanie Truly’s article has been the only thing the paper has printed, and we are halfway through the month.

The paper could invest some time in printing at least one tip, or what changes your body makes, when one gives up cigarettes.

The funding for lung cancer is severely lacking, compared to breast. It would be great if all cancers received the same funding.

Funding enables states to provide education, smoking cessation classes, or even a support group. Sixty-five thousand nonsmokers die yearly, from secondhand smoke, than women die of breast cancer.

The only way to have a safe environment for workers and patrons, is to implement a Smoke Free Air Act, which eliminates indoor smoking in all buildings. Smoke has no boundaries; smoke can waft into the nonsmoking areas.

Secondhand smoke contains 60+ carcinogens and 4,000 toxins remaining in the air, for up to two weeks. I was surprised to learn that no ventilation system will completely remove secondhand smoke. The only sure way is to eliminate smoking indoors completely.

New York City, adopted the Smoke Free Air Act in March of 2003. This change increased sales of two million dollars for the better, in the first year bars and restaurants enacted the Smoke Free Air Act. Other cities have had an increase in their business, when there is no-smoking.

Something else to think about; cigarettes are comparable to meth. Both are very addicting. Both include smoking toxic chemicals. Both contain carcinogens, and toxins. The similarities are frightening.

Here are a few insightful quotes from those in government on Smoke Free Air Act:

Eric Turner, Indiana State representative:

“Indiana is behind the curve. In other states, you can take your children and babies (into restaurants) and know they’ll not have to breathe secondhand smoke.”

Quoted In: Higgins, W., “Smoke-free workplace advocates gather at Statehouse,” Indianapolis Star, Sept. 8, 2010.

Hugh Holliman, North Carolina state representative:

“There is overwhelming scientific evidence that proves secondhand smoke causes heart disease, lung cancer, respiratory illnesses and kills tens of thousands of Americans every year. It is time for North Carolina to join the growing momentum across the nation to protect the rights of all our citizens to breathe clean, smoke-free air.”

Quoted In: [n.a.], “No smoking: House bill would bar lighting up in workplaces, bars and restaurants,” Fayetteville Observer, Jan. 30, 2009

Joseph Vitale, New Jersey senator:

“Thousands of workers each and every day are exposed to secondhand smoke. Why should thousands of casino workers be subject to cancer and emphysema?”

Quoted In: McAleer, P., “Full ban on casino smoking approved by Senate,” Press of Atlantic City, June 22, 2007.

There are several more I could post, but the message is clear. The only way for smoke-free air is to eliminate indoor smoking. Certainly the restaurant and bar business benefits.

Google American Lung Association for more facts and tips on how to quit, and see what changes your body goes through, when you stop. I know there are enough changes for a new fact each day for the month of November.

Cain’s campaign ad didn’t deserve flak for cigarette usage

You can smoke in films and win an Academy Award – just ask Colin Firth, who played a king who was arguably a chain-smoker in “The King’s Speech” – but you sure can’t let your campaign manager smoke in a campaign ad.

My most recent column consisted of me largely bashing on Herman Cain and his silly “9-9-9 plan” and yet now, in a strange turn of events, this one will defend him.

For those of you who are unaware, the Herman Cain presidential campaign put up an ad where his chief of staff, Mark Block, smokes a cigarette. The ad ends with Cain making what I would describe as a creepy, Cheshire Cat-like grin.

I don’t think too many people would argue that it’s a good advertisement because, to put it simply, it’s not. It’s terrible. However, the fact that Block smokes a cigarette in the ad is not that big of a deal.

Critics are arguing that the ad promotes smoking, but there’s simply no basis for that. No one in the ad ever says that smoking is to be encouraged and, if anything, Block looks so awkward smoking in the ad that it’s hardly going to make any teenagers think that smoking is cool.

People smoke in films all the time. Phillip Seymour Hoffman’s character in “The Ides of March” – a character who happens to be a political consultant very much like Block, as a matter of fact – smokes multiple cigarettes in the film. People smoke on TV all the time. Just ask the cast members on “Jersey Shore.”

Yes, that’s right, this is the second column about Herman Cain that’s contained a comparison between his campaign and “Jersey Shore.” I’m not sure who should be more offended, Cain or Snooki.

But whether we admit it or not, Snooki is more of an icon to the youth of America than Mark Block will ever be. Few people knew who he was before this ad went viral, and fewer will probably be able to recognize him a week from now. So is the fact that he smoked a cigarette on camera that big of a deal?

Of course it’s not. It’s his choice to smoke. He’s not encouraging anyone else to smoke, but he’s also not hurting anyone other than himself.

Our society is so set on interfering in everyone else’s lives that you can no longer smoke anywhere … evidently even outside if you’re on camera.

This fits into a bigger picture of smoking being banned pretty much everywhere. New York City recently banned smoking in certain areas outside.

Chicago’s pot dilemma: Should marijuana users just be ticketed?

Every pot smoker — the kid down the street, your neighbor with the nice house, the co-worker in the next cubicle — has a “guy.”

That guy has a guy, who has a guy, who has a guy.

The top marijuana guys — Mexico’s murderous drug cartels — are responsible for most of the pot sold on Chicago street corners. They’ve even started growing it in Wisconsin’s North Woods.

In recent years, another top “guy” has come to town: weed growers in Colorado and California licensed to supply the medical marijuana dispensaries operating in those states. They sell their surplus in Chicago and other places where the drug is illegal.

For those guys, Chicago is a dangerous place. They might wind up in prison, or even dead.

But their customers — dime-bag dealers and pot smokers — don’t have much to fear from the criminal justice system here. For them, weed has been essentially decriminalized, the Chicago Sun-Times has found.

Last year, Chicago Police officers arrested more than 23,000 people on misdemeanor marijuana charges, and most of those cases were dropped. From 2006 through 2010, cases for possession of less than 2.5 grams of marijuana were dismissed 97 percent of the time. Eighty-four percent of pot possession cases involving 2.5 grams to 10 grams were tossed out of court; and 57 percent involving 10 to 30 grams met the same end, according to the Cook County Clerk of the Circuit Court.

On Oct. 14, Cook County prosecutors did a spot check of marijuana cases at a branch court at Kedzie and Harrison. There were 15 new petty pot cases that came before the judge. Every case got dropped.

So far, there isn’t a politician proposing weaker penalties for the top marijuana guys. But local leaders and law-enforcement authorities are looking for a more practical punishment for the 100 to 150 people facing petty pot cases every day in Cook County.

Last week, several Chicago aldermen proposed an ordinance that would allow cops to write tickets to people caught with small amounts of pot. Behind the scenes, police and prosecutors have been quietly considering a similar solution.

Marijuana is the most commonly used illicit drug in the U.S. — with more than 17 million regular users in 2010, a 20 percent jump over just three years, according to the National Survey on Drug Use and Health.

With so many pot smokers out there, proposals to lessen criminal penalties for minor marijuana possession are “a step in the right direction,” said Dan Linn, a regular pot smoker and head of the Illinois chapter of the National Organization for the Reform of Marijuana Laws.

In Chicago the question remains: Is Mayor Rahm Emanuel willing to be the guy to take that step?

Poll shows near split on cigarette taxes

Taxation of cigarette sales on Native American reservations is an issue on which voters appear to be almost evenly split.

That may be a sign that the perennial issue simply isn't that important to them, said pollster Larry Harris, principal of Mason Dixon Polling & Research of Washington, D.C. Issues such as the state of the economy and jobs reveal greater attachment, he suggested.

Among respondents in the Voice of the Voter poll, 46 percent support the state's efforts to collect taxes on reservation sales of cigarettes to non-Native Americans, while 50 percent said they oppose it and 4 percent were undecided.

At first glance, those results suggest there's been a shift in thought. In the 2010 Voice of the Voter poll, 53 percent of voters polled supported the state's efforts, just 40 percent opposed them, and 7 percent were undecided.

But Harris said when the poll's margin for error of 4.5 percent is taken into account, the opinion shift is really minimal.

"You wouldn't say there's been a whipsaw in political opinion. It was never overwhelmingly supported nor is it now overwhelmingly opposed," Harris said. "It's not a top-of-mind issue with folks."

Indeed, among a handful of poll participants queried about the issue, several were unaware of or dismissive of details such as federal treaties with native Nations that would seem to prohibit or at least hinder the state's ability to collect taxes.

"I want to help the Indians but I also think we need their tax money," said Dolores Sibs, a retired teacher and Greece resident who described herself as "over 70."

"This is new times now and you have to go with the situations of the times," Sibs said. "There's a lot of these grandfather clauses that have to be changed."

Court stops MMDA smoking ban

A Mandaluyong City trial court has issued a writ of preliminary injunction against the Metro Manila Development Authority(MMDA)'s anti-smoking campaign in Metro Manila.

In a six-page order handed down on Tuesday, Mandaluyong Regional Trial Court(RTC) Branch 21 Judge Carlos Valenzuela enjoined MMDA Chairman Francis Tolentino and those persons acting within his authority to stop from arresting persons who will be caught smoking in public places along major and secondary roads in the metropolis and places not listed in Republic Act No. 9211(Tobacco Regulation Act of 2003).

The injunctive writ stays until the court lifts it or until the pending case filed by a certain Antony Clemente and several smokers arrested by virtue of the campaign is decided.

"[P]ending the determination of whether or not the respondent MMDA has valid authority to implement RA 9211, there is an obvious and imperative need for preliminary injunction, a provisional measure to prevent or restrain in the meantime the MMDA to implement its Smoking Ban in open areas not covered by the definition of public places in RA 9211 so that its implementation may not render moot and academic the main issue in this case," the order read.

Section 5 of RA No. 9211 "absolutely" prohibits smoking in the following public places:
a. Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels, and recreational facilities for persons under eighteen (18) years old;
b. Elevator and stairwells;
c. Location in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials;
d. Within the buildings and premises of public and private hospitals. Medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories;
e. Public conveyance and public facilities including airport and ship terminals and train and bus stations, restaurant and conference halls, except for separate smoking areas; and
f. Food preparation areas.

The court stated that the bond in the amount of P100,000 earlier posted by petitioners for the temporary restraining order (TRO) issued by the court in August shall suffice as the bond for the injunctive writ.

The MMDA has recorded 8,427 violators, 7,878 of whom are male, and 549, female, as of September 21. In spite of the TRO, the MMDA continued the campaign arguing that the restraining order only barred the agency from apprehending violators in places not covered by RA No. 9211.

Violators were fined P500 on first offense while those who cannot afford to pay the fine were obliged to render an eight-hour community service.

Blood test 'could measure smokers' heart risk'

A blood test could be used to measure a smoker's danger of heart disease, researchers have found.

Levels of a lung protein found in the blood of smokers could indicate their risk of dangerous plaque build-up in blood vessels, according to a study published in journal Arteriosclerosis, Thrombosis, and Vascular Biology.

Researchers were able to determine the amount of circulating pulmonary surfactant B (SP-B), a protein which is found in damaged lung cells, in the study.

It was found that smokers who had higher levels of SP-B also had more build-up of dangerous plaque in the aorta.

"We now are close to having a blood test to help measure the smoking-related effects that contribute to atherosclerotic heart disease," said Dr Anand Rohatgi, co-lead author of the study.

"Smoking is one of the biggest contributors to the development of heart disease."

In other news, a study published in the American Journal of Cardiology has found that increasing the levels of high-density lipoproteins (HDL) cuts the risk of heart attack and stroke.

Recurrent Depression Linked to Poor Resiliency, Smoking

A new Canadian study discovers that previous depression, daily smoking and a lack of control over life circumstances are risk factors for repeat episodes of depression.

Depression is a common disorder and can be associated with weight and dietary control, pain and inattention to other health issues. According to the authors, about 65 percent of people with depression have repeat episodes.

In the study, researchers studied 585 adults from Statistics Canada’s National Population Health Survey who had suffered depression in 2000/01.

Of the patients, 65 percent were women with an average age of 38.5 years. Interestingly, 82 percent of the depressed individuals were in the middle- to high-income bracket.

More than half the patients had one or more episodes of depression in the following six years.

The researchers found that age, sex and income were not associated with future depressive episodes but that daily smoking and difficulty mastering life circumstances were associated with long-term depression.

Mastery is the sense that people have control over their lives and their circumstances. In this study, high levels of mastery appeared to be protective against further depression.

“History of depression is a well-known clinical indicator of future depressive episodes; however, smoking and mastery are more novel prognostic factors that are not well accounted for in current clinical practice,” said lead researcher Ian Colman, Ph.D.

“Future research should evaluate the benefits of including smoking cessation and mastery in existing clinical guidelines for the treatment of depression.”

Norway anti-smoking debate puffs along

Last week’s proposal, leaked by Dagsavisen before Minister of Health and Care Services Anne-Grete Strøm-Erichsen had even so much issued a statement, called for abolishing smoking in outside serving areas, educational and medical establishments, and entrances to public buildings.
The ‘smoke-free Norway’ minister’s measures add to an already restrictive practise of a ban on indoor smoking, tightened sales controls, and other proposals to further curb young peoples’ access to tobacco products.
Tobacco giant Philip Morris is suing the Norwegian state under EEA anti-competition laws.

Anti-smoker Dagfinn Høybråten, leader of the Christian Democrats (KrF) who successfully introduced current Norwegian legislation, agrees smoking should be banned to eliminate children being at risk from passive smoking. However, he kicks the threatened anti-smoking extension for going too far.
“The Tobacco Law applies indoors and not outside. I’m sceptical to banning smoking in outdoor serving areas. There is a choice to go inside, after all,” he said.
Accusing the nanny state of going too far, Conservative (H) MP Torbjørn Røe Isaksen, a former and now occasional party smoker, declared, “it must be okay, for example, to smoke in outside serving areas and people should display common good manners, but there are limits to what can be micromanaged.”
Social Democratic Party (SV) politicians announce, this week, they will not be supporting some the government’s proposals.
“We agree to sending these to Hearing, but have made it clear to the Minister of Health and Care Services [Anne-Grete Strøm-Erichsen that we cannot condone all of these measures, amongst others, banning smoking in homes for the elderly. Vetoing smoking for elderly people makes no sense,” says Geir-Ketil Hansen.

More organisations should ban smoking on their grounds

I refer to the letters by Ms Coral Ang, "The no-smoking path" (Oct 17), and Mr Muhammad Haziq Jani, "The no-smoking path is Utopia" (Oct 18).

Like Ms Ang, I am in favour of smoking being banned completely at certain public places. Perhaps Mr Muhammad Haziq has not heard of passive smoking. Just to breath in cigarette smoke from someone puffing away in close proximity is detrimental to one's health.

While denying work permits or citizenship to smokers may sound too extreme, it may help if there are more rules as to which places are okay for smoking. For example, should smoking while walking be allowed?

As an ex-student of SIM University, I was happy to read in its newsletter that smoking has been banned entirely in its campus.

Others should follow suit and lead by example, to prevent more people from suffering unwittingly from Chronic Obstructive Pulmonary Disease, as many go undiagnosed. I would therefore agree that smoking requires more regulation.

Smoking Linked to Earlier Menopause

Women who smoke may hit menopause about a year earlier than those who don't light up, according to a study that also notes an earlier menopause may influence the risk of getting bone and heart diseases.
The study, which was carried in the journal Menopause, pooled data from several previous studies that included about 6,000 women in the United States, Poland, Turkey and Iran.
Non-smokers hit menopause between age 46 and 51, on average. But in all but two of the studies, smokers were younger when they hit menopause, between 43 and 50 overall.
During menopause, a woman's ovaries stop producing eggs and she can no longer get pregnant.
"Our results give further evidence that smoking is significantly associated with earlier (age at menopause) and provide yet another justification for women to avoid this habit," wrote study author Volodymyr Dvornyk, from the University of Hong Kong.
Dvornyk and his colleagues also analysed five other studies that used a cut-off age of 50 or 51 to group women into "early" and "late" menopause. Out of more than 43,000 women in that analysis, women who smoked were 43 percent more likely than nonsmokers to have early menopause.
Both early and late menopause have been linked to health risks. Women who hit menopause late, for instance, are thought to be at higher risk of breast cancer because one risk factor for the disease is more time exposed to estrogen.
"General consensus is that earlier menopause is likely to be associated with the larger number and higher risk of postmenopausal health problems, such as osteoporosis, cardiovascular diseases, diabetes mellitus, obesity, Alzheimer's disease, and others," Dvornyk told Reuters Health in an email.
Overall, he added, early menopause is also thought to slightly raise a woman's risk of death in the years following.
There are two theories for why smoking might mean earlier menopause, said Jennie Kline, an epidemiologist from Columbia University's Mailman School of Public Health in New York.
Smoking make have an effect on how women's bodies make, or get rid of, estrogen.
lternatively, some researchers believe certain components of cigarette smoke might kill eggs, added Kline, who was not involved in the study.
Dvornyk's team did not have information on how long women had been smoking or how many cigarettes they smoked each day, so his team could not determine how either of those factors may have affected age at menopause.
For that reason, and a lack of data on other health and lifestyle factors linked to menopause, the analysis may not be enough to resolve lingering questions on the link between smoking and menopause, they said.
Alcohol, weight and whether or not women have given birth may each also play a role in when they hit menopause, but the evidence for everything other than smoking has been mixed, Kline said.
It is also possible that the same factors that influence age at menopause may determine whether women have trouble with infertility or not, or how late they can get pregnant.
Still, Kline said, "There are way better reasons to stop smoking than worrying about menopause."

City official looking into smoking ban signs

Signs may soon be in place warning residents of a smoking ban at City of Bartlesville park facilities, according to interim Parks and Recreation Director Lisa Beeman.

An administrative policy to ban smoking within 50 feet of various city park facilities was approved by the Bartlesville Park Board in May.

Beeman said she has checked into getting signs and is going to be looking at the Parks and Recreation Department budget before ordering the signs.

"It's like 600, 700 dollars to get the signs done," Beeman said Monday. "But yes, there will be signs up and hopefully very soon."

The policy prohibits smoking within 50 feet around city-owned playgrounds, play courts, play fields and all bleachers and stands used by spectators at public events and within the fenced confines of a recreation facility or Doenges Memorial Park Stadium.

At the time of the policy's approval, smoking was already not permitted within the city's pool facilities or at the stadium.

Kids of smoking moms more likely to need mental health treatment

Need yet another reason to quit smoking? If you are pregnant, or thinking about getting pregnant, you know that cigarettes are incredibly harmful to your health and the health of your growing baby. Prenatal smoking has been linked to a host of physical ailments for babies such as delayed fetal growth, respiratory dysfunction and behavioral problems. But did you also know that smoking while pregnant can harm your child's mental health?

According to a new study, children born to mothers who smoked during pregnancy were more likely than those born to nonsmoking moms to take medications for mental disorders. The study, published in the Journal of Epidemiology, compared the mental health diagnoses of 187,000 children born between 1987 and 1989 in Finland and considered their mothers' smoking habits during pregnancy.

Not only did the researchers find a connection between prenatal smoking and the child's mental health treatment, but they also found that the more a mother smoked, the more her children used medications. Kids who were exposed to more than 10 cigarettes per day in the womb required longer continuous use of medications to treat mental disorders. Higher cigarette exposure was also linked to an increased use of multiple drugs by the same individual.

The most common prescriptions were for antidepressants and anti-anxiety drugs.

School district to vote on banning smoking on all school properties

It might soon be easier for people to pack heat at the Palm Beach County School District's headquarters than it will be to break open a pack of Parliament Light 100s.

The Palm Beach County School Board will vote on two proposed policy updates at Wednesday's school board meeting governing where firearms will be allowed on school district property and where people can smoke.

The new tobacco policy, which would take effect Jan. 1, would ban all smoking or use of other tobacco products by anyone, including parents and employees, anywhere on any district-owned property or school-sanctioned event. Currently district policy allows adults to smoke outdoors at school campuses and other district properties if they are at least 50 feet away from a building exit, said Dianne Howard, district director of risk and benefit management.

Legislators earlier this year amended a state law to allow a complete ban of smoking anywhere on school district property. At least one major public school district, Orange County Public Schools, has already enforced the new ban.

"We're hoping some employees will find it more difficult to smoke and really buckle down on quitting," Howard said.

Earlier this year, the district created a tobacco surcharge for employees charging them an extra $50 per month for health insurance if they did not sign an affidavit swearing they did not use tobacco. Howard said 1,500 employees either said they did smoke or never returned any affidavit and were thus considered tobacco users and charged the extra $50.

Howard said banning smoking anywhere on campus also sets a good example for students if they don't see adults smoking at school.

Tony Hernandez, executive director of the Classroom Teachers Association union that represents roughly 12,000 teachers in the district, said he had not received any complaints from employees about the proposed smoking ban. With smoking being banned at restaurants, parks and many public places, Hernandez said he is not surprised to see the district banning it on school property.

"That's the way things are headed," he said.

Audrey Silk, of the New York City-based Citizens Lobbying Against Smoker Harassment smoking rights group, said banning smoking even outdoors on college campus has started to become more common . She called the move part of an ongoing effort by anti-smoking groups to try to slowly try to outlaw smoking e.

"They've been working on this, and I give them credit for it, for over 30 years," Silk said. "This is the point in their incrementalism that they are up to. They've reached the outdoors now."

The firearms update, which would take effect immediately, simply makes the district's weapons policy match a new state law that took effect Oct. 1. That law says local governments cannot make laws on where firearms can be carried that are more restrictive than state laws.

Current district policy prohibits possessing firearms or having them in a car on any school district property. State law specifically allows banning guns on school buses, at any "schools" defined as elementary, middle, high schools or career centers and bans guns at school board meetings.

Weapons will still be banned from those areas under the new district policy, said Elizabeth McBride, the school district's senior counsel.

But McBride said that under state law, certain facilities such as the Fulton-Holland Education Services Center on Forest Hill Boulevard, where district administrative offices are housed, are not considered "schools" and the district does not have the right to ban firearms there - except for during school board meetings.

The City of West Palm Beach went through a similar debate recently when Mayor Jeri Muoio received criticism from gun rights activists after she tried to ban firearms from city hall. Muoio eventually changed her ruling and allowed people to carry firearms in city hall.

Smoking similar to cystic fibrosis: Research

Smoking cigarettes is a lot like having cystic fibrosis when it comes to how it affects your lungs.

Cystic fibrosis is a life-threatening disease caused by the improper movement of salt and water in the cells lining the lungs. It causes a thick mucus to form in the lungs, where bacteria gets trapped. Those bacteria are able to thrive in the mucus, sometimes causing fatal infections.

That's also what happens to your lungs when you smoke cigarettes, according to new research from the Cystic Fibrosis/Pulmonary Research and Treatment Center at the University of North Carolina at Chapel Hill.

The researchers tested cigarette smoke on human subjects and lab-grown cells in an attempt to find out how smoke affects a protein called CFTR, which helps keep the lungs hydrated. They found lungs exposed to cigarette smoke experience a 60% decrease in the essential protein.

They also exposed human lung cells to either cigarette smoke or clean air. The smokers' lungs showed significantly lower liquid levels than those exposed to air.

"We hope this study will highlight the importance of airway hydration in terms of lung health and that it will help provide a road map for the development of novel therapies for the treatment of smoking-related lung disease," said researcher Robert Tarran.

"But the bottom line remains: The most effective treatment for smoker's cough, or worse, is to quit smoking, now," noted Dr. Gerald Weissmann, editor-in-chief of The FASEB Journal, where the study appeared.

Numerical error downs Anti-Smoking Act

A numerical error in the text of the Tobacco Products Control Act of 2010 has effectively terminated the Ministry of Health and Social Services’ short term plans to implement strict anti-smoking legislation to protect society against the health hazards associated with smoking in public. Informanté has it on good authority that Section 2 of the Act makes provision for the appointment of “twelve” members of a Tobacco Products Control Committee, but Section 3 (1) of the Act states the total members to be “thirteen”.
The Chief of Health Programs in the Ministry of Health and Social Services, Brendon Maloboka, confirmed last week Friday that the Ministry will now rectify this oversight by means of an amendment to the Tobacco Products Control Act, but when this legal process will be completed remains unknown. Maloboka is also on record that the regulations to determine the practical and administrative application of the Act are also not yet finalised.
“I can’t tell. There are still many things. We are waiting for the regulations and related amendments,” Maloboka reacted when he was contacted by Informanté. When asked to be more specific with regard to amendments, Maloboka explained that the term “twelve” needs to be replaced by the term “thirteen” where references to the number of members of the Tobacco Products Control Committee appear. This was the only specific example he mentioned.
“We are busy through the legal department of the Ministry of Health and Social Services to draw up an amendment Act. Once completed it will be reviewed by the Ministry of Justice,” Maloboka explained. Only then can the Amendment Act be tabled in the National Assembly by Health Minister Richard Kamwi.

HPD identifies car in cigarette burglaries

The Hartselle Police Department has identified the owner of a Chevrolet Lumina that has been linked to three burglaries of Murphy USA gas station at Walmart this year.
Surveillance video from the gas station showed two unknown suspects driving a Chevrolet Lumina during three of the burglaries.

Police believe this vehicle is owned by Tanika Masha Banks, 31, from the Birmingham area. Banks is the registered owner of a blue 1997 Chevrolet Lumina bearing Alabama tag 1B37T41.

The Murphy USA gas station on U.S. 31 has been burglarized four times since December 2010. In all four incidents, the suspects stole large quantities of cigarettes from the business. The total loss for the business in is excess of $15,000.

Similar incidents have occurred at the Murphy USA in Arab. Cullman Police believes the same suspects may be responsible for a burglary of a tobacco store in its city.

Cigarette vending machines banned in England

The sale of tobacco from vending machines has been banned in England, with anyone caught selling cigarettes in machines facing a fine of £2,500.

The Department of Health said the ban had been introduced to prevent under-age sales to children and to support adults who were trying to quit.

The rest of the UK is expected to implement a similar ban next year.

Some pub landlords say it is a further threat to a livelihood that has already been damaged by the smoking ban.

But Cancer Research and the British Heart Foundation have welcomed the move.

According to the Department of Health, nearly all adult smokers started smoking before they turned 18.

'Unsupervised'
Of the children who regularly smoke, 11% buy their cigarettes from vending machines.

It is also estimated that 35 million cigarettes are sold illegally through vending machines to children every year.

Under the new rules, pub landlords will still be able to sell cigarettes from behind the bar but they must ensure all tobacco advertising on vending machines is removed. Any person found guilty of displaying cigarette adverts on a vending machine could face imprisonment for up to six months, a fine of £5,000, or both.

Health Secretary Andrew Lansley said smoking was "one of the biggest and most stubborn challenges in public health", with more than eight million people in England still smoking, causing more than 80,000 deaths each year.

Continue reading the main story
“
Start Quote

When [smokers have] got to stand in the street and they can't even buy their cigarettes in the pub, then where is it left? There's no point in them going to a pub. ”

Bill Sharp
Pub landlord
He said: "Cigarette vending machines are often unsupervised, making it easy for children to purchase cigarettes from them.

"The ban on cigarette sales from vending machines will protect children by making cigarettes less accessible to them - we want to do everything we can to encourage young people not to start smoking in the first place."

Jo Butcher, the National Children's Bureau's programme director of health and wellbeing, welcomed the ban and said a person's lifetime smoking or non-smoking behaviour was "heavily influenced" by decisions in their adolescence.

"Children and young people tell us that external influences make it even more difficult for them to choose healthier lifestyles.

"It's essential that we create environments that improve health and tobacco legislation is an important part of public health protection and promotion," she said.

Protection
Charities have also welcomed the ban.

Betty McBride, director of policy and communications at the British Heart Foundation, said thousands of children at risk of this "deadly addiction" regularly got tobacco from vending machines, "which conveniently don't ask them to prove their age".

"These children are often blissfully unaware of the damage smoking does to their health and, by the time they realise, they're hooked.

"Scrapping these machines cuts off an easy source of tobacco for existing young smokers and makes it harder for a new generation to start.

"We're encouraging landlords to remove machines completely now so they - and any left-over branding - don't act as dusty old adverts for tobacco," she said.

Eileen Streets, director of tobacco control at the Roy Castle Lung Cancer Foundation, said she hoped the ban would play a "significant part in stopping many children becoming the next generation of lung cancer victims".

Other measures
Jean King, of Cancer Research UK, added: "Tobacco kills half of all long-term users and is responsible for one in four cancer deaths.

"Cancer Research UK is determined to protect children from tobacco marketing and through our Out of Sight Out of Mind campaign we are continuing to work for legislation to introduce plain packaging for cigarettes."

But the British Beer and Pub Association described the ban as "an unnecessary measure".

A spokesman said the machines were there for the convenience of adult customers, and that the association did not believe they played a role in childhood smoking.

Although cigarettes can be sold by bar staff, the spokesman said many pubs would not opt to introduce that, as it raised issues about having a "high-value" item behind the bar and interfered with serving drinks.

One London pub landlord, Bill Sharp, said the ban was another "nail in the coffin" of his livelihood.

"I can understand them removing it from public places because that's a view, a health issue, call it what you will.

"But when [smokers have] got to stand in the street and they can't even buy their cigarettes in the pub, then where is it left? There's no point in them going to a pub. They going remove real ale from pubs next?"

Other measures to protect young people from the dangers of smoking are also on the way.

In April 2012, large retailers in England and Scotland will have to get rid of all tobacco displays. Small shops will be expected to comply from April 2015.

Wales and Northern Ireland plan to implement similar regulations.

The government is also due to begin a public consultation before the end of the year on whether to introduce plain packaging for cigarettes in order to lessen their marketing appeal to young people, help make health warnings more effective and help reduce the number of smokers.

Chinese resist campaign to stub out cigarettes at weddings

HEALTH EXPERTS and tobacco control officers in China have started pushing the notion of tobacco-free weddings as part of the country’s anti-smoking drive, but are struggling to convince people not to light up at wedding parties.

About 300 million adults in China smoke and 540 million people of all ages are affected by second-hand smoke, according to industry estimates quoted by the Xinhua news agency.

More than half of Chinese men smoke (including almost half of all male doctors) and 2.4 per cent of women, although that figure is rising.

The smoking ban introduced by the health ministry in March has been fairly successful.

It is remarkable to notice how China has been transformed almost overnight from a place clouded in cigarette smoke into a relatively smoke-free environment.

However, as smoking is so much a part of the cultural norm, it is proving difficult to get people not to light up at weddings.

At a typical wedding, each place setting is completed with a packet of cigarettes alongside a bottle of baijiu (white spirit).

The bride moves through the tables, lighting up the cigarettes of male guests and pouring a shot of baijiu.

“Prohibiting smoking in wedding receptions is an effective way of raising public awareness,” Lu Yajuan, the head of the tobacco control project for Shanghai’s disease control and prevention centre, told Xinhua.

Mr Lu said the centre started to recruit volunteer couples-to-be early this year to hold tobacco-free weddings, but just a few of the 200 couples it reached promised to hold non-smoking ceremonies.

“So there remains a lot to do to make tobacco-free weddings a popular practice in our country.”

A big problem is that while young couples were aware of the dangers of smoking and backed anti-smoking rules, their parents were less enthusiastic, and few couples wanted to have tobacco-free weddings as they were worried about losing face or alienating their parents.

In just two cases were receptions held without cigarettes: one in Harbin, the capital of Heilongjiang province, where the couple donated the 2,800 yuan (€330) saved to a charity for children, and the other in Zhaoyuan in Shandong province.

Suspect wanted for stealing cigarettes

Chesapeake police are asking for the public's assistance in locating a suspect wanted for stealing from convenience stores.

Police said on September 11, a suspect entered a convenience store located in the 3900 block of Portsmouth Boulevard and removed several cartons of cigarettes from the counter without paying for them.

On September 14, police said a similar incident occurred at another convenience store located in the 2900 block of Yadkin Road.

In both incidents, the suspect was seen leaving in a white 4-door Hyundai.