Recently in Government Regulation Category

We applaud the U.S. Navy for acting to protect sailors' health by adopting a new policy that bans smoking below decks aboard all Navy submarines. This policy recognizes that secondhand smoke is a serious, scientifically proven threat to human health, and no one should be exposed to it in the workplace, including the men and women of the U.S. Armed Forces.  This policy will improve the health of all sailors aboard submarines and sends a powerful message that all workplaces should be smoke-free.

The Navy has also taken another important and necessary step to protect sailors' health by providing smoking cessation medication and support programs to sailors on every boat.  Nicotine is highly addictive, and smokers often make several attempts before they succeed in quitting. By making smoking cessation medication and support programs widely available, the Navy will help more smoking personnel to quit and reap both immediate and long-term benefits to their health.

Background on Secondhand Smoke and Smoke-Free Laws

The need for protection from secondhand smoke in all workplaces and public places has never been clearer. In issuing a groundbreaking report on secondhand smoke in June 2006, U.S. Surgeon General Richard Carmona stated, "The debate is over. The science is clear: Secondhand smoke is not a mere annoyance, but a serious health hazard that causes premature death and disease in children and nonsmoking adults."

Secondhand smoke contains more than 4,000 chemicals, including at least 69 carcinogens. The Surgeon General found that secondhand smoke is a proven cause of lung cancer, heart disease, serious respiratory illnesses such as bronchitis and asthma, low birth weight and sudden infant death syndrome. The Surgeon General also found that secondhand smoke is responsible for tens of thousands of deaths in the United States each year, there is no safe level of exposure, and only smoke-free laws provide effective protection from secondhand smoke.  A report released last year by the Institute of Medicine concluded that secondhand smoke causes heart attacks while smoke-free laws prevent them.

In the U.S., 28 states, Washington, D.C., Puerto Rico and hundreds of cities and counties have passed smoke-free laws that cover restaurants and bars. The states are Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas (effective July 1, 2010), Maine, Maryland, Massachusetts, Michigan (May 1, 2010), Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Rhode Island, Utah, Vermont, Washington and Wisconsin (July 5, 2010).

SOURCE Campaign for Tobacco-Free Kids

The following is a statement of Matthew L. Myers, President, Campaign for Tobacco-Free Kids:

President  Obama continued his strong leadership in the fight against tobacco use today when he signed the Prevent All Cigarette Trafficking Act (PACT), which will curb tax evasion and curtail the growing sales of low-cost cigarettes and other tobacco products over the Internet and through the mail.

Enactment of this legislation is a milestone in the fight to keep kids from smoking and prevent tax evasion that costs taxpayers billions each year. Internet sales of tobacco products are a serious and growing problem that illegally keeps prices down and smoking levels up. Such sales also make it easier and cheaper for kids to buy cigarettes and facilitate tax evasion. Many vendors that sell cigarettes and smokeless tobacco products over the Internet or through other mail-order sales do not pay applicable tobacco taxes and do not have sufficient safeguards to prevent sales to children, such as effective policies to verify a purchaser's age.

Both houses of Congress approved the legislation with wide, bipartisan support earlier this month. We applaud Rep. Anthony Weiner (D-NY), the chief House sponsor, and Sen. Herb Kohl (D-WI), the Senate sponsor, for their leadership and persistence in pursuing this legislation and winning its approval.

We thank President Obama for continuing to display strong and consistent leadership in the fight against tobacco use, the leading preventable cause of death in the United States.  The President has also signed legislation increasing the federal cigarette tax to fund expansion of children's health insurance and the landmark law giving the U.S. Food and Drug Administration authority to regulate tobacco products and marketing. The Family Smoking Prevention and Tobacco Control Act of 2009 already has led to restrictions on tobacco marketing and sales to kids.

The newly enacted PACT Act will:

• Require Internet sellers to pay all federal, state, local or Tribal tobacco taxes and affix tax stamps before delivery to any customer;
• Mandate that the age and identification of purchasers be checked at purchase and at delivery;
• Require Internet vendors to comply with state and local laws as if they were located in the same state as their customers;
• Provide federal and state enforcement officials with new tools to block delivery of cigarettes and smokeless tobacco products that evade federal or state laws; and
• Ban the delivery of tobacco products through the U.S. mail.

Summary of the PACT Act: http://www.tobaccofreekids.org/research/factsheets/pdf/0361.pdf.

More on Internet tobacco sales: http://www.tobaccofreekids.org/reports/internet/.

SOURCE Campaign for Tobacco-Free Kids

The Coalition to Stop Contraband Tobacco today praised the New York Association of Counties for passing a resolution calling for the federal government to support and implement the Prevent All Cigarette Trafficking (PACT) Act of 2009, S. 1147.  The resolution, passed by NYSAC on Feb. 11, 2010, calls on Congress "to take any and all necessary action to insure the passage" of the PACT Act.

This legislation will help combat online cigarette sales that have robbed hundreds of millions of dollars in tax revenues from the states and that undermine state laws that prevent youth access to tobacco products.  

"Passage of the PACT Act would be a huge victory for American tax payers, American small business owners and America's youth," said Scott Ramminger, AWMA president and CEO and coalition spokesperson. "This bill will ensure that states, like New York, can collect tax revenue and that purchasers of tobacco products abide by already enacted state and federal laws."

Numerous stakeholders support the PACT Act, which was passed in the House of Representatives last May. S. 1147 closes gaps in current federal laws regulating "remote" or "delivery" sales of cigarettes and smokeless tobacco products.

"In a recent study we found that illegal cigarette sales cost states $5 billion per year, and that with online sales there is almost no age verification at the time of purchase," continued Ramminger.

"We hope that the Senate will act swiftly to pass this common sense legislation so that we can put an end to the illegal sale of tobacco products," concluded Ramminger.

Read the full resolution text at: http://www.nysac.org/Legislative_Action_Center/PACT_Reso2010.php.

SOURCE Coalition to Stop Contraband Tobacco

The following is a statement of Matthew L. Myers, President, Campaign for Tobacco-Free Kids:

As Congress negotiates a final health care reform bill, lawmakers should seize this unprecedented opportunity to invest in proven measures that prevent costly diseases from occurring in the first place, which will improve health and reduce health care costs. These include measures to prevent and reduce tobacco use, which remains the leading cause of preventable death in the United States, killing more than 400,000 people and costing the nation $96 billion in health care expenditures annually.

The legislation now being crafted by House and Senate negotiators contains essential disease prevention programs that will improve health and reduce costs. These include: A requirement that Medicaid cover preventive services with demonstrated effectiveness, including treatment to help smokers quit, and creation of a prevention trust fund to finance proven, community-based prevention programs aimed at problems such as tobacco use and obesity.

Medicaid coverage of smoking cessation treatment: The final health care reform legislation should require comprehensive coverage of smoking cessation treatment, including medication and counseling with no cost-sharing requirements, for all Medicaid recipients, as the House-passed legislation would. The Senate bill would require such coverage only for pregnant women receiving Medicaid.

Medicaid coverage of smoking cessation treatment is critical as lower-income Americans have higher rates of smoking than the general population, and health care reform is expected to expand Medicaid coverage to millions of new beneficiaries. In 2007, 33 percent of adult enrollees in Medicaid smoked, according to the Centers for Disease Control and Prevention. The overall rate of smoking among adults in 2008 was 20.6 percent. Medicaid expenditures attributable to smoking total $22 billion annually, representing 11 percent of all Medicaid expenditures, according to the CDC.

Remarkable results recently reported by Massachusetts underscore the benefits of providing Medicaid coverage of smoking cessation treatment. The state found that smoking rates among beneficiaries in its MassHealth program dropped by 26 percent in the first two and a half years after it began providing coverage and promoting use of smoking cessation services in 2006. Costly medical procedures also were reduced substantially. Among the group that enrolled in the smoking cessation program, there were 38 percent fewer hospitalizations for heart attacks and 17 percent fewer emergency-room visits for asthma symptoms in the first year. There were 17 percent fewer claims for maternal birth complications since the benefit was implemented.

Massachusetts' results are early indicators of how much would be gained with a sustained national effort to reduce smoking among Medicaid beneficiaries. Yet, according to the CDC, only six states in 2007 provided coverage of all tobacco-dependence treatments (FDA-approved medications and counseling) to help smokers quit. Though many states are facing severe budget constraints, tobacco prevention and cessation will result in long-term savings for federal and state governments by reducing tobacco-related diseases and health care costs.

Prevention funds: Both the House and Senate bills also would establish a fund to finance proven community-based prevention programs targeting public health problems such as tobacco use and obesity. Americans spend more than $2 trillion a year to treat disease and manage illnesses, and almost three quarters of that money is spent on caring for people whose illnesses we know how to prevent. For example, smoking causes one in five deaths from heart disease, nearly one-third of all cancer deaths and nine in 10 deaths from lung cancer. The lifetime health care costs for individuals who smoke are $17,500 higher than they are for non-smokers.

The Trust for America's Health reviewed prevention programs that already have been tried and found that an investment of $10 per person, per year in proven initiatives to prevent smoking, promote physical activity and improve nutrition could save more than $16 billion a year within five years. That's a return of $5.60 for every dollar invested. While the Congressional Budget Office has not estimated short-term savings from prevention in the health reform bills, it has said that "certain types of preventive services have been found to yield substantial net savings, largely because the initial costs are low and the long-term benefits are large."

The final legislation should adopt the higher 5-year public health and prevention funding level in the House bill and the ongoing funding stream found in the Senate bill. These funds would help finance community-based prevention activities and media campaigns that promote disease prevention. Effective prevention will mean fewer premature deaths, less disease and more cost-effective health care spending.

SOURCE Campaign for Tobacco-Free Kids

J.C. Seneca, a tribal councilor and co-chairman of the Seneca Nation Foreign Relations Committee, and Robert Odawi Porter, Senior Policy Advisor and Counsel, appeared today before the State Senate Committee on Investigations and Government Operations. The hearing, held at Borough of Manhattan Community College, focused on the issue of whether New York State has the right to collect taxes on Native American tobacco sales within its borders.

Addressing the hearing panel, Councilor Seneca said the recurrent question of 'Why doesn't the State collect taxes on commerce taking place on Indian lands?' has a simple and definitive answer: It lacks authority to do so.

"For over 200 years, New York State has tried to steal our lands, assert jurisdiction over what lands we have left, and impose its taxes on us and our activities. In response, and in our defense, the United States promised to protect us from any effort by the State to impose its taxes in our territories," Councilor Seneca told the hearing panel.

"Your oaths of office require you to uphold American laws and treaties. Whether you do so or not is up to you, but I assure you that we have no intention of compromising any of our treaty right that have already been bought and paid for through the relinquishment of most of our aboriginal rights," Councilor Seneca said.

The Seneca leader detailed the Seneca Nation's effort to build its economy across its five Western New York sovereign territories, which has contributed over $1.1 billion to the state-wide economy in the past decade.

The Nation has grown to become the fifth largest employer in Western New York, providing jobs for some 6,300 persons through its government, gaming and hospitality, gasoline and tobacco retailing and emerging private sector ventures. Hundreds of those jobs are held by non-Senecas.

Councilor Seneca also told the panel the Nation's tobacco and motor fuel business segment, which generated an estimated $313 million for the Nation in 2007, contributed nearly $200 million in spin-off dollars to the State economy.

"Even though the Nation's tobacco trade is not subject to State taxation, the ripple effects of the Nation's trade spill into the state and regional economy as the Seneca government and citizens spend net tobacco profits in the off-territory economy," Councilor Seneca said.

According to a recent study by Harvard economist Jonathan Taylor, Seneca tobacco sales in 2005 generated $195 million in State Gross Domestic Product. The study concluded that for every $1 of gross profits accrued to the Nation's tobacco businesses, the state economy gained $1.67.

The Seneca leader also detailed the Nation's ground-breaking efforts to oversee and control sales and distribution of tobacco products. In addition to voluntary reviews from the federal Bureau of Alcohol, Tobacco and Firearms Enforcement, the Nation has also implemented a sophisticated, anti-counterfeiting 'stamping' program.

The Nation has also established its own tobacco business enforcement commission which oversees compliance to a rigorous set of regulations which includes: retailer authorization, minimum pricing and a ban on sales to minors.

Councilor Seneca noted that four different New York governors, including Gov. David Paterson, have honored the Nation's treaty rights and respected its economic development efforts by supporting its immunity to taxation of its commerce.

"They have not all accepted this policy easily, but we are appreciative that Governors (Mario) Cuomo, (George) Pataki, (Elliot) Spitzer and (David) Paterson have chose to base our relationship on diplomacy and respect, rather than unilateralism and conflict," Councilor Seneca said. "We urge you to consider whether the State Legislature should, once and for all, recognize our federally-protected rights and work to establish a lasting peace."

SOURCE Seneca Nation of Indians

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

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

The following is a statement of Matthew L. Myers, President, Campaign for Tobacco-Free Kids:

The D.C. Council has taken an important step to protect the District's kids and taxpayers from the devastating toll of tobacco use by increasing the cigarette tax by 50 cents to $2.50 per pack - the seventh highest cigarette tax in the nation. We applaud the City Council for its unanimous support of this life-saving proposal, and we look forward to Mayor Adrian M. Fenty signing it into law.

At the same time, the Council missed an opportunity to renew funding for the highly successful DC Tobacco-Free Families tobacco prevention and cessation program. Without action, funding for this program will largely expire at the end of September. To enhance and sustain the benefits from the tax increase, D.C. leaders should act quickly to provide the needed funds.

Higher tobacco taxes are a win-win-win solution for the District of Columbia - a health win that will reduce tobacco use and save lives, a financial win that will raise revenue for critical programs, and a political win that polls show is popular with the voters. With the increase, the District of Columbia will join 11 states that have increased their cigarette taxes this year.

The evidence is clear that increasing the cigarette tax is one of the most effective ways to reduce smoking, especially among kids. Studies show that every 10 percent increase in the price of cigarettes reduces youth smoking by 7 percent and overall cigarette consumption by about 4 percent. The District of Columbia can expect the 50-cent cigarette tax increase to prevent more than 1,300 kids from smoking; spur 1,000 smokers to quit for good; save more than 600 residents from future smoking-caused deaths; produce $32.3 million in long-term health care savings; and raise about $3.6 million a year in new revenue.

With the District of Columbia increase, the average state cigarette tax will be $1.32 per pack. Rhode Island has the highest state cigarette tax at $3.46 per pack. Twelve states and the District of Columbia have cigarette tax rates of at least $2 per pack, and 27 states and D.C. have cigarette tax rates of at least $1 per pack.

Tobacco use is the leading preventable cause of death and disease in the District of Columbia, claiming 720 lives each year and costing the District $243 million annually in health care bills, including $78 million in Medicaid payments alone. Government expenditures related to tobacco amount to a hidden tax of $602 each year on every District of Columbia household. While the District of Columbia has made some progress in reducing youth smoking, 10.6 percent of District of Columbia high school students still smoke and 400 more kids become regular smokers every year.

SOURCE Campaign for Tobacco-Free Kids