September 2009 Archives

Today, eleven public health and consumer advocacy organizations filed a friend of the court (amicus) brief asking a federal court to reject a lawsuit by R.J. Reynolds, Lorillard and other tobacco companies that seeks to block key provisions of the new federal law regulating tobacco products. The immediate issue before the court is the industry's challenge of a provision that requires FDA approval before tobacco companies can make claims about "modified risk tobacco products."

The tobacco companies have also challenged other marketing restrictions in the Family Smoking Prevention and Tobacco Control Act, which authorizes the U.S. Food and Drug Administration (FDA) to regulate the manufacturing, marketing and sale of tobacco products.

The friend of the court brief argues that the modified risk provision of the law is narrowly tailored to satisfy First Amendment constitutional requirements and prior court rulings and is designed to end decades of false health claims that have misled millions of smokers. The brief also argues that the new law's requirements are consistent with FDA's long history of pre-approval of drug, food, and device labeling and promotion as a check against unproven and misleading health claims.

The public health groups contend that legal arguments in this case cannot be considered in isolation from the tobacco industry's long history of making deceptive health claims, especially about "light" and "low-tar" cigarettes, and the devastating consequences for public health. As the brief states, "The tobacco industry has long made unsubstantiated claims that certain tobacco products were less harmful than others. Not only were the claims proved false, but the industry long knew they were false. These unsubstantiated claims misled millions of tobacco users and were responsible for millions of preventable diseases and premature deaths."

"Based on the industry's history of misrepresentations ... Congress expressly found that the only way to effectively protect the public from the dangers of unsubstantiated reduced-risk claims is to create a system of pre-market review, to ensure that the evidence to support such claims is verifiable. On this motion for a preliminary injunction, the Tobacco Companies' First Amendment challenge fails on the basis of this lengthy history of industry deceit and the tragic public health consequences that resulted from the industry's purposely misleading marketing," the brief argues.

The brief was filed today in the United States District Court for the Western District of Kentucky, where the tobacco companies filed their lawsuit. It was filed on behalf of the Campaign for Tobacco-Free Kids, American Cancer Society, American Cancer Society Cancer Action Network, American Heart Association, American Legacy Foundation, American Lung Association, American Medical Association, American Public Health Association, Kentucky Medical Association, Oncology Nursing Society and Public Citizen.

The groups are represented by Allison M. Zieve and Gregory A. Beck of Public Citizen, Washington D.C., and Jennifer A. Moore of Grossman and Moore, Louisville, Kentucky.

SOURCE Campaign for Tobacco-Free Kids

The U.S. Food and Drug Administration announced today a ban on cigarettes with flavors characterizing fruit, candy, or clove. The ban, authorized by the new Family Smoking Prevention and Tobacco Control Act, is part of a national effort by the FDA to reduce smoking in America. Smoking is the leading preventable cause of death in America.

The FDA's ban on candy and fruit-flavored cigarettes, effective today, highlights the importance of reducing the number of children who start to smoke, and who become addicted to dangerous tobacco products. The FDA is also examining options for regulating both menthol cigarettes and flavored tobacco products other than cigarettes.

"Almost 90 percent of adult smokers start smoking as teenagers. These flavored cigarettes are a gateway for many children and young adults to become regular smokers," said FDA Commissioner Margaret A. Hamburg, M.D. "The FDA will utilize regulatory authority to reduce the burden of illness and death caused by tobacco products to enhance our Nation's public health."

Flavors make cigarettes and other tobacco products more appealing to youth. Studies have shown that 17 year old smokers are three times as likely to use flavored cigarettes as smokers over the age of 25. (1)

"Flavored cigarettes attract and allure kids into lifetime addiction," said U.S. Department of Health and Human Services Assistant Secretary for Health Howard K. Koh, M.D., M.P.H. "The FDA's ban on these cigarettes will break that cycle for the more than 3,600 young people who start smoking daily."

The FDA is taking several steps to enforce the ban. A letter recently sent to the tobacco industry provided information about the law, and explained that any company who continues to make, ship or sell such products may be subject to FDA enforcement actions.

The FDA has also made available today an advisory to parents on the risks associated with flavored tobacco products.

"Youth are twice as likely to report seeing advertising for these flavored products as adults are," said Dr. Joshua Sharfstein, a pediatrician and the FDA Principal Deputy Commissioner. "Marketing campaigns for products with sweet candy and fruit flavors can mislead young people into thinking that these products are less addictive and less harmful."

The FDA encourages consumers to report continuing sales of flavored cigarettes through a special tobacco hotline (1-877-CTP-1373) and Web site (www.fda.gov/flavoredtobacco).

Parents and consumers can learn more about the risks of flavored tobacco products at www.fda.gov/.

(1) Klein SM, Giovino GA, Barker DC, Tworek C, Cummings KM, O'Connor RJ. Use of flavored cigarettes among older adolescent and adult smokers: United States, 2004-2005. Nicotine Tob Res. 2008;10(7):1209-14.

SOURCE U.S. Food and Drug Administration

One of the first provisions of the new federal law regulating tobacco products will take effect Tuesday as the U.S. Food and Drug Administration (FDA) enforces a ban on candy, fruit and other flavored cigarettes.

The ban on candy and fruit-flavored cigarettes is a critical step to end one of the most insidious tactics the tobacco industry has used to target and addict children. The tobacco companies have a long history of using flavors to attract kids, and survey data show that youth smokers are much more likely to use these flavored products. Flavored cigarettes introduced in recent years have included Camel's Twista Lime, Kauai Kolada (pineapple and coconut), Margarita Mixer, Warm Winter Toffee and Winter Mocha Mint, and other brands featuring strawberry, vanilla and chocolate.

It is troubling that some tobacco companies may already be trying to circumvent the ban on flavored cigarettes. For example, Kretek International Inc., which imports Djarum-brand tobacco products from Indonesia and is the nation's top distributor of clove-flavored cigarettes, has introduced clove cigars that look and, according to news reports, taste like its clove cigarettes. We are pleased that the FDA has put tobacco companies on notice that it is prepared to take aggressive action against attempts to evade the new law. In a recent letter to industry, the FDA stated that the flavoring ban "applies to all tobacco products that meet the definition of a 'cigarette' . . . even if they are not labeled as 'cigarettes' or are labeled as cigars or some other product" (the FDA letter can be found at http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/ucm182186.htm).

In June, Congress passed and President Obama signed into law the Family Smoking Prevention and Tobacco Control Act, which gives the FDA broad authority over the manufacturing, marketing and sale of tobacco products. The new flavoring ban is one of many actions authorized by the law that will protect kids from tobacco addiction, stop tobacco companies from deceiving the public and reduce the death and disease caused by tobacco use. The new law will also:

• Restrict tobacco advertising and promotions, especially to children.
• Stop illegal sales of tobacco products to children.
• Require large, graphic health warnings that cover the top half of the front and back of cigarette packs.
• Ban misleading health claims such as "light" and "low-tar."
• Strictly regulate health claims about tobacco products to ensure they are scientifically proven and do not discourage current tobacco users from quitting or encourage new users to start.
• Require tobacco companies to disclose the contents of tobacco products, as well as changes in products and research about their health effects.
• Empower the FDA to require changes in tobacco products, such as the removal or reduction of harmful ingredients or the reduction of nicotine levels.
• Fully fund the FDA's new tobacco-related responsibilities with a user fee on tobacco companies so no resources are taken from the FDA's current work.
  

Tobacco use is the leading preventable cause of death in the United States, killing more than 400,000 people, sickening millions more and costing the nation $96 billion in health care bills each year. Every day, another 1,000 kids become regular smokers - one-third of them will die prematurely as a result.

SOURCE Campaign for Tobacco-Free Kids

The following is a statement by Cheryl G. Healton, DrPH, President and CEO of the American Legacy Foundation:

The American Legacy Foundation(R) applauds Speaker Nancy Pelosi and all those in the U.S. House of Representatives who have worked tirelessly to protect Capitol Hill staff and visitors from the dangers of second-hand smoke.

On Thursday, the House's last two indoor smoking rooms are being cleaned and converted to smoke-free dining areas. It is no secret that secondhand smoke is dangerous - it causes 50,000 deaths per year in the U.S. Our halls of government should be playing a leadership role in ensuring clean indoor air for their staff and the visiting public and setting a positive example for other work places and public spaces nationwide.

This effort comes at a time of considerable advancement in the movement against tobacco. Earlier this year, Congress passed two landmark decisions that will improve the lives of Americans, helping to protect us all from tobacco-related diseases. The State Children's Health Insurance Program Reauthorization Act increasing the Federal excise tax on tobacco and the Family Smoking Prevention and Control Act securing authority for the U.S. Food and Drug Administration to regulate tobacco are both advancing positive change in respect to the fight against tobacco.

The closing of the smoking rooms in the Longworth and Cannon House office buildings is one more indication that we're moving in the right direction and toward a smoke-free America.

Congratulations and thank you, Speaker Pelosi.

SOURCE American Legacy Foundation

District public health and faith leaders today called on the DC Council to immediately renew funding for the DC Tobacco Free Families (DCTFF) Campaign, the District's highly successful tobacco prevention and cessation program.

Health advocates are urging the Council to maintain funding for DCTFF at its current level of $3.6 million annually so it can continue its effective work to prevent kids from smoking and help smokers quit. Unless the Council quickly renews funding, DCTFF will be forced to eliminate most of its activities by the end of the month - just as a 50-cent increase in DC's cigarette tax, which takes effect October 1, will encourage more smokers to seek help in quitting.

Underscoring the urgent need to renew funding, public health leaders released a new report by the Campaign for Tobacco-Free Kids that details both the dramatic effectiveness of DCTFF's programs and the severe health and financial harm DC will suffer if the program's funding is not renewed. If funding is not renewed, the report concludes that DC can expect the following increases in youth smoking and related costs:

• Youth smoking will increase by 9.6 percent, resulting in 2,400 more current high school smokers.
• 760 more kids alive today will eventually die prematurely from smoking-caused deaths.
• Health care costs due to smoking will increase by $42 million, including $4.8 million under the Medicaid program.
• At least a dozen DC organizations will no longer have funding to conduct prevention and outreach activities to help smokers quit and prevent youth from starting to smoke. These organizations provide direct services to the most at-risk groups in the District, including youth and the underserved African-American, Latino and Lesbian, Gay, Bisexual and Transgender (LGBT) populations.
  

"City elected officials must find the resources necessary to continue funding for these tobacco use control programs that have lowered tobacco use in the nation's Capital," said Bonita Pennino, Government Relations Director of the Maryland American Cancer Society. "The withdrawal of city support will result in a rise in tobacco use among our youth and a slowing down of the number of adults who are seeking help to quit smoking."

"Our report makes it clear that DC will pay a high price if the Council fails to renew funding for tobacco prevention and cessation programs - more kids will become addicted to tobacco, more lives will be lost and taxpayers will pay more to treat tobacco-caused disease," said Peter Fisher, Vice President of State Issues for the Campaign for Tobacco-Free Kids.

In January 2007, the DC Council allocated $10 million in funding over three years for DCTFF to implement programs to help tobacco users quit and to prevent youth from starting to smoke, especially among Medicaid recipients and underserved residents.

Along with DC's comprehensive smoke-free law, which took effect in January 2007, and a doubling of DC's cigarette tax to $2 per pack in October 2008, DCTFF's programs have contributed to a significant decline in smoking in the District. Between 2005 and 2008, adult smoking rates declined by 19 percent, from 20.1 percent to 16.2 percent. These declines translate into the following health and financial gains:

• 18,500 fewer adult smokers in the District;
• 4,900 fewer premature deaths from smoking;
• More than $175 million in future health care savings, including $19.9 billion in Medicaid savings.
  

Despite this progress, tobacco use is still the leading preventable cause of death in DC, annually claiming more than 700 lives and costing the District $243 million in health care bills. Sixteen percent of adults and one in ten youth still smoke. While youth smoking has declined since 2003, the most recent data show a slight increase in youth smoking, from 9.2 percent to 10.6 percent.

There are also alarming disparities in tobacco use in the District. In Ward 8, for example, while progress has been made in reducing tobacco use from 32 percent to 26 percent in the last three years, it still has a smoking rate ten percentage points above the overall rate for DC.

Other key findings of the report include:

• DC has plenty of tobacco-generated revenue from the tobacco settlement and tobacco taxes to fund tobacco prevention and cessation programs. The requested funding of $3.6 million amounts to less than five percent of the $74.9 million in tobacco revenue DC will collect this year. (Ideally, DC should spend even more on tobacco prevention and cessation programs as the CDC recommends the District spend $10.5 million a year on such programs).
• Tobacco companies spend $16 million a year to market their deadly and addictive products. $3.6 million amounts to less than a quarter of this amount.
  

About DC Tobacco Free Families (DCTFF):

DCTFF is a partnership of the American Cancer Society (ACS), the American Lung Association of DC (ALADC), and the DC Department of Health (DOH), with funding from the District's tobacco settlement funds. DCTFF provides community-based grants, quitline services, free nicotine replacement therapy, youth prevention programs, and a mass media campaign, all designed to encourage District smokers to quit and youth to never start. For more information please log onto www.dctff.info.

SOURCE Campaign for Tobacco-Free Kids

Pennsylvania's Clean Indoor Air Act has significantly increased the number of businesses where customers and employees enjoy a healthy, smoke-free environment, Secretary of Health Everette James said today.

The law took effect Sept. 11, 2008, and prohibits smoking in most public places, including restaurants, workplaces and a portion of casino floors.

"Secondhand smoke has a deadly impact on workers and costs our healthcare system billions of dollars," said Secretary James. "This law protects the health of millions of Pennsylvanians from the well-documented dangers of secondhand smoke."

Secondhand smoke contains more than 4,000 chemicals, including at least 60 known to cause cancer. In a 2006 report, the U.S. Surgeon General said it is indisputable that secondhand smoke causes premature death and serious diseases in nonsmoking adults and children.

The 144,000 workers in Pennsylvania's hospitality industry are now breathing cleaner air at work. A recent study commissioned by the Pennsylvania Alliance to Control Tobacco found air pollution in Pennsylvania's bars, restaurants, bingo halls and bowling alleys dropped by an average of 87 percent. Air quality was evaluated before and after the law took effect in a random sampling of businesses statewide. That study estimated that smoke-free air will save 52 hospitality workers' lives annually.

"We have spent the past year educating businesses about the law and what it means for them. We are happy the vast majority of those businesses are smoke free," said Secretary James. "All Pennsylvania citizens deserve to work in a healthy environment."

Diseases resulting from tobacco cost Pennsylvania $5.2 billion annually in healthcare costs, according to the Campaign for Tobacco Free Kids. By shielding workers and customers from secondhand smoke, the law is expected to save Pennsylvania taxpayers millions of dollars in health care costs.

Since the law took effect, the Department of Health has issued eight citations, or orders to show cause, to facilities accused of violating the smoking ban. The department enforces the ban in businesses and organizations that do not have a liquor license, such as bingo halls and pool halls.

The Bureau of Liquor Control Enforcement, which has authority over establishments with liquor licenses, has issued 249 citations and 288 warnings.

For more information about Clean Indoor Air, visit www.health.state.pa.us. For resources to help you quit smoking, visit that Web site or call 1-800-QUIT NOW (1-800-784-8669).

SOURCE Pennsylvania Department of Health

I don't think words are even necessary here.