News Archive 2006
News Archive 2006
These articles provide public health advocates and policymakers concise, up-to-date summaries of key legal developments affecting tobacco control in your communities.
November 30, 2006
New Smoke-free Laws Protect Children From Second-hand Smoke
On January 1, 2007, Texas will join Vermont and Washington, among other states, in enacting a law that restricts smoking both in foster parents' homes, and in cars when children are present. To learn more, click here.
November 29, 2006
Supreme Court Rejects Appeal In Price v. Philip Morris
The United States Supreme Court silently upheld the dismissal of a class action lawsuit that claimed Altria falsely characterized its products as "light" or "low tar." The suit was dismissed by the Illinois Supreme Court on grounds that the U.S. Federal Trade Commission authorized the marketing of cigarettes as “light” or “low tar.” To learn more, click here.
November 28, 2006
British Adoption Service Declines To Place Child With Couple Who Smokes
Cornwall's Adoption Service has denied British couple Paul and Ella Kersey the opportunity to adopt a child, in part because Paul smokes cigarettes. The adoption service stated their primary consideration in the decision was the welfare and well-being of the child. To learn more, click here.
November 22, 2006
Canadian Judge Upholds Quebec's Smoke-free Law
A request by bar owners to stop enforcement of Quebec’s newly enacted smoke-free law until the Canadian Supreme Court rules on the law’s constitutionality next year, has been denied on the grounds that even if the law were prejudicial, there was no irremediable harm to the bar owners. To learn more, click here.
November 21, 2006
U.S. Appeals Court To Review Class-Action Status In Schwab v. Philip Morris USA Inc
A U.S. appeals court has decided to review a lower court ruling in the Schwab case that gave plaintiffs class action status. The Schwab plaintiffs claim that tobacco companies defrauded smokers into thinking "light" cigarettes were a safe alternative to regular cigarettes. To learn more, click here.
November 14, 2006
Health Groups Appeal Ruling In U.S. v. Philip Morris
On November 10, anti-smoking and health groups notified a federal judge that they would appeal the ruling in U.S. v. Philip Morris (the DOJ racketeering case), because even though the court found that tobacco companies conspired to hide the dangers of smoking for decades, it allowed the companies to avoid major financial penalties. To learn more, click here.
November 8 , 2006
Midterm Elections Prove Victorious For Comprehensive Smoke-free Proposals
Tuesday's election saw big victories for smoke-free policies, with voters managing to distinguish phony proposals from comprehensive ones in Arizona, Nevada and Ohio. Click on the links to learn more about the victories in Arizona, Ohio, and Las Vegas.
November 7 , 2006
Costco, Canada's Largest Chain Of Warehouse Stores, To Sue Imperial Tobacco Canada Ltd.
Costco has filed suit for $135 million against Imperial Tobacco Canada Ltd. in Ontario Superior Court, claiming breach of contract and violation of the Competition Act after the tobacco company decided to sell cigarettes directly to retailers, sidestepping wholesalers. To learn more, click here.
November 2, 2006
Tobacco Companies May Continue Selling "Light" Cigarettes While Appellate Court Decision Is Pending
In a move that will allow tobacco companies to continue selling cigarettes advertised as "light" or "low-tar," the U.S. Circuit Court of Appeals for the District of Columbia has decided to stay the decision of Judge Kessler in U.S. v. Philip Morris while the court considers Philip Morris' appeal. To learn more, click here.
November 1 , 2006
Theaters And Stages In Colorado To Remain Smoke-free
On Monday, a Denver District Court refused to exempt theatre companies from the state’s smoke-free law, ruling that the act of smoking, even in a theatrical performance, “is not inherently an expressive behavior,” and thus not constitutionally protected. To learn more, click here.
October 31, 2006
Hawaii's Comprehensive Smoke-free Law To Take Effect November 16
Starting November 16, businesses in Hawaii will face fines for violating a law that will not only make the inside of restaurants, airports, and workplaces in Hawaii smoke-free, but also the area 20 feet outside these places smoke-free. To learn more, click here.
October 30, 2006
Williams May Set The Standard For Punitive Damages Against Big Tobacco
On October 31 The United States Supreme Court will hear arguments in Philip Morris v. Williams to decide whether the $79.5 million in punitive damages awarded to the Williams family was appropriate due to the extreme reprehensibility of the tobacco giant's conduct. Click here and here to learn more.
October 26, 2006
Schwab Case Temporarily Halted While Decision Whether To Hear Appeal Is Pending
A U.S. Circuit Judge issued a temporary stay of the Schwab case, a move which may push back the trial date, while a federal appeals court considers whether to hear an appeal of the recent decision issuing class-action status to the Schwab plaintiffs. To learn more, click here.
October 11, 2006
Supreme Court Declines To Hear Tobacco Anti-Trust Case
The Supreme Court refused to hear Troy King v. Grand River Enterprises Six Nations Ltd., a decision that will allow three small cigarette companies to continue pursuing anti-trust claims and to avoid making payments to accounts set up by thirty states as part of the Master Settlement Agreement. To learn more, click here.
October 10, 2006
More Hospitals In North Carolina Adopt A Smoke-Free Policy
Duke University Medical Center, WakeMed Health & Hospitals and UNC Health Care announced their plans to have their hospitals smoke-free by July 4, 2007. Indoor spaces in these hospitals are currently smoke-free; the new policy would make all hospital property, indoor and outdoor, smoke free. To learn more, click here.
October 9, 2006
Big Tobacco Stymies Ireland's Enactment Of A Prohibition On Cigarette Ten-Pack Sales
Ireland's enactment of a law that would help prevent young people from beginning to smoke by prohibiting the sale of cigarettes in packs of ten has been delayed by Big Tobacco's claims that there are "logistical problems" with the introduction of the ban. To learn more, click here.
October 5, 2006
Harvard University Study Shows Secondhand Smoke In Cars Puts Children In Danger
New research shows children exposed to secondhand smoke while riding in vehicles are exposed to hazardous levels of pollution, buttressing the need for legislation, such as that enacted in Arkansas and Louisiana, to make private-vehicles smoke-free. To learn more about the study, click here.
October 4, 2006
Big Tobacco Cannot Continue Marketing "Light" Cigarettes
In order to protect the public from further harm caused by marketing cigarettes as "light" or "low-tar," Judge Kessler denied a request by tobacco companies to continue marketing "light" cigarettes until an appeal is settled. To learn more, click here.
October 3, 2006
Smokers Must Butt-Out In Buenos Aires, Argentina
Most public places in Buenos Aires are now smoke-free, thanks to legislation that recently took effect in Argentina's capital city. To learn more, click here.
October 2, 2006
Public Places In France May Go Smoke-free
Legislation making public places smoke-free may soon be introduced in France, where the air quality is among the unhealthiest in the world. An IFOP poll shows 66% of the French population supports making cafés, bars and brasseries smoke-free. To learn more about the recent air quality study, click here. Click here to learn more about the IFOP poll.
September 27, 2006
Altria Faces Financial Uncertainty In Face Of "Light Cigarette" Class Action Lawsuit
In response to the recent Schwab “light cigarette” ruling, granting plaintiffs class action status in a fraud claim against Big Tobacco, Altria Group Inc. delayed its spinoff of Kraft Foods Inc., until it can further assess its risks and liability. To learn more, click here.
September 26, 2006
Schwab Plaintiffs Win Class Action Status
In the Schwab "light" cigarette federal lawsuit, Judge Jack Weinstein granted class action status to the plaintiffs. The suit alleges that nine tobacco companies conspired in selling, marketing, and promoting cigarettes as "light," "lights," or "mild," and using other descriptors suggestive of lower tar and nicotine delivery, when the companies knew these claims were fraudulent. Click here to learn more, and click here to read the opinion.
September 25, 2006
Tobacco Industry Gives Nearly $3 Million In Political Action Committee Contributions in 2005-2006
A new report by the Tobacco-Free Kids Action Fund and Common Cause reveals Big Tobacco donated nearly $3 million in political action committee (PAC) contributions in 2005-2006, and over $32 million in PAC contributions since 1997. To learn more, and to read the report, click here.
September 21, 2006
Apartments Managed by Globe General Agencies To Go Smoke-free
Following the lead of First Centrum Communities, all new residents signing leases for apartments managed by Globe General Agencies of Winnipeg, Canada will agree not to smoke in their apartment units or on apartment grounds. To learn more, click here.
September 20, 2006
Philadelphia Goes Smoke-free
After six years of effort, Philadelphia, Pennsylvania finally has an ordinance making most public places in Philadelphia smoke-free, effective immediately. To learn more, click here.
September 19, 2006
Judge Weinstein Hears Summary Judgment Motion To Determine Class Action Status In Schwab
A U.S. District Judge reserved judgment after hearing arguments on a motion to give Schwab plaintiffs class action status, which would allow smokers harmed by Big Tobacco's false claim that light cigarettes were safer than regular ones, to join the lawsuit. To learn more about this case, click here
September 18, 2006
Tobacco Control Legal Consortium Files Amicus Curiae Brief in Pending Supreme Court Case Philip Morris v. Williams
On September 15, the Tobacco Control Legal Consortium filed an amicus curiae brief in the pending Supreme Court case of Philip Morris v. Williams, arguing that higher punitive damages should be allowed against companies that use "scorched earth" litigation to prevent victims from achieving justice. For a copy of the brief, click here.
September 14, 2006
Both Comprehensive and Sham Proposals Fail To Make The Ohio Ballot
"Smoke Less Ohio," an exception-laden proposal to ban smoking, failed to procure enough signatures to be included on the Ohio ballot in November. However, an Ohio appellate court also recently removed the comprehensive proposal “SmokeFree-Ohio” from the ballot due to a technical error in the petition. To learn more about the dueling proposals, click here. Click here to read the appellate court decision In re Protest of Evans.
September 13, 2006
Western Pacific Regional Organization Sees 100% Ratification of the FCTC
The Western Pacific Regional Organization, with its 27 nation members, is the first WHO region to gain 100% ratification of the Framework Convention on Tobacco Control. To see a map detailing FCTC regional overviews, click here.
September 12, 2006
Legal Smoking Age In Scotland Could Raise To 18
Andy Kerr, Health Minister of Scotland, has called for the Scottish Parliament to raise the legal age for buying tobacco from 16 to 18, after supermarket chain Asda decided it would only allow people over 18 to buy cigarettes from its stores. To learn more, click here.
September 7, 2006
Big Tobacco Web sites Taken Down
In light of Judge Kessler's ruling in U.S.A. v. Philip Morris, U.S.A., Inc. that tobacco companies change how they communicate about smoking, R.J. Reynolds Tobacco Co. and Lorillard Tobacco Co. have shut down their Web sites. To learn more, click here.
September 6, 2006
Judge Rules Apartment Made Uninhabitable Due To Secondhand Smoke Pollution
A New York judge dismissed a landlord's claim against former tenants for unpaid rent, because the tenants' apartment had become uninhabitable due to secondhand smoke, which the landlord failed to alleviate. To learn more about the decision, click here.
September 5 , 2006
2006 Statistics On Smoking in England Released
New statistics on smoking in England have been released by the Information Centre, revealing one in six deaths of adults in England and Wales were caused by smoking. Click here to read "Statistics on Smoking, England 2006".
August 31, 2006
Tobacco Companies Are Not Exempt From Duty To Warn
A Missouri appellate court has ruled that tobacco companies are not absolved of their duties to warn about the dangers of cigarette smoking, because reasonable minds could differ as to whether it was widely known that nicotine was addictive and that smoking could cause laryngeal cancer. To read Thompson v. Brown & Williamson Tobacco Corporation and Philip Morris USA Inc., click here.
August 30, 2006
Smoking Outside Office Buildings In Morrow, Georgia Could Lead To Fines
The Morrow City Council passed a new ordinance that would make the area five feet around office buildings smoke-free. Violation of the ordinance could result in a fine. To learn more, click here.
August 29, 2006
Federal Judge Rules Washington's Ban on Free Tobacco Samples Is Preempted By Federal Law
In direct contrast to a decision of the California Supreme Court last year, a federal judge in Washington State has ruled that state laws prohibiting distribution of free cigarettes are preempted by the Federal Cigarette Labeling and Advertising Act. To learn more about the Washington decision, click here. To read our amicus brief in the California Supreme Court case, click here.
August 28, 2006
Dublin, California Is One Step Closer To Declaring Secondhand Smoke A Public Nuisance
The Dublin City Council gave preliminary approval to an ordinance declaring secondhand smoke a public nuisance, which would allow neighbors subjected to secondhand smoke to seek relief in small claims court. To learn more, click here.
August 24, 2006
Canadian Judge Rules Aboriginal Reserves Should Be Subject To Manitoba's Smoke-Free Public Places Law
A Canadian judge has ruled that Manitoba's smoke-free public places law, which currently exempts First Nations, must apply equally to all public places on and off aboriginal reserves. To learn more about this ruling, click here.
August 22, 2006
Philip Morris Faces Further Legal Battles
The legal woes for Philip Morris are not over yet. The tobacco company still must face the United States Supreme Court in Williams, and a possible class-action trial in Schwab. To read more about these cases, click here.
August 18, 2006
Judge Kessler Issues Decision In U.S.A. v. Philip Morris
The verdict is in. After the biggest trial of all time, a federal court has ruled that the tobacco industry has been lying to America for half a century, and that the fraud is still going on. To read U.S.A. v. Philip Morris, U.S.A., Inc., click here.
August 17, 2006
Chile Enacts New Smoke-Free Legislation Aimed At Deterring Passive Smoking
In order to prevent children from becoming smokers, Chile enacted new smoke-free regulations giving some bars and restaurants a choice: become smoke-free and remain accessible to all, or allow smoking but ban entry to minors. To learn more about the regulation, click here.
August 16, 2006
Quebec Landlords Association Believes Smoke-Free Clauses In Apartment Leases May Be Unenforceable
While some apartment complexes in Quebec, Canada have begun including smoke-free clauses in their leases, the Quebec Landlords Association says such regulations may be unenforceable under Quebec law and may be a violation of the Charter of Human Rights. For more information, click here.
August 14, 2006
Enforcement of Frankfort, Kentucky, Smoke-Free Ordinance Temporarily Halted
A judge temporarily halted enforcement of Frankfort, Kentucky's new smoke-free ordinance only days after it took effect, after "Cathy's Bait & Beer" and several other businesses filed suit, claiming the ordinance would cause them immediate, irreparable harm. To learn more about the temporary restraining order, click here.
August 11, 2006
Former DOJ Attorney Eubanks Offers Advice For Lawyers Challenging The Tobacco Industry
Sharon Eubanks, former lead DOJ lawyer in USA v. Philip Morris, made an unscheduled appearance at the recent World Conference on Tobacco or Health, where she described the DOJ effort in Philip Morris as "The little engine that could," and offered advice for lawyers challenging the tobacco industry. To read excerpts from Ms. Eubanks' presentation, click here.
August 10, 2006
European Commission Does Not Endorse Some Employers' Refusal to Hire Smokers
The European Commission has recently determined that EU anti-discrimination laws do not prohibit employers from hiring only nonsmokers, but has now issued a clarifying statement that this does not mean the Commission endorses these hiring policies. The Commission says people should be employed strictly on the basis of their skills or qualifications. To learn more, click here.
August 9, 2006
Arizona Voters Sift Through Competing Initiatives, And Some Shams, In Choosing A Comprehensive Smoking Ban To Appear On November's Ballot
A statewide initiative to ban smoking in bars and restaurants, called "Smoke Free Arizona," has garnered enough signatures to be placed on the Arizona ballot in November, despite facing opposition by a tobacco-industry-sponsored sham proposal entitled "The Non-Smoker Protection Act," which masquerades as a smoke-free initiative, but would allow smoking nearly anywhere liquor is sold. For more information on how to tell the comprehensive smoke-free proposals from industry-sponsored proposals, click here. To learn more about "Smoke Free Arizona," click here.
August 8, 2006
Maryland Family's Lawsuit Is Not Barred By Statute Of Limitations
Maryland's highest court has ruled that a family's wrongful death lawsuit against tobacco giant Philip Morris, USA is not barred by a three-year statute of limitations, due to the pendency of a separate class action in which the decedent was a class member. Click here to read the decision.
August 7, 2006
Legal Consortium Unveils Database of Tobacco-Related Law Journal Articles
The Consortium recently launched a new tool for effective tobacco control: a free, searchable, online bibliographic database of every North American law review and journal article that could be found on tobacco control. To access the Tobacco Law and Policy Database, click here.
August 4, 2006
Smokers in Vermont Are Not Deterred By Cigarette Tax Increase
The State of Vermont has seen a minimal increase in the number of calls to its smoking cessation phone line since that state's cigarette tax was increased from $1.19 to $1.79 per pack a month ago. In July 2007, Vermont's tax will increase another twenty cents. To read more, click here.
August 1, 2006
Sales of Candy Cigarettes and Smoking in Pubs and Clubs Effectively Halted in Western Australia
On July 31, 2006, the Tobacco Products Control Act of 2006 went into effect in Western Australia, abolishing smoking in all public places, including pubs and clubs. This act also outlaws the sale of candy and toy cigarettes, and the sale of herbal cigarettes in Western Australia. For more information, click here. To read the law, click here.
June 27, 2006
Surgeon General Releases Report
The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. To view the report, click here. PDF, 20 Mb