News Archive 2007
News Archive 2007
These articles provide public health advocates and policymakers concise, up-to-date summaries of key legal developments affecting tobacco control in your communities.
December 21, 2007
Jurisdictional Issues for Alberta Smoke-Free Law
On January 1, 2008, Canada’s Alberta Province will go smoke-free. In the meantime, two of the province’s First Nation tribes have passed by-laws that will continue to allow smoking in their casinos. First Nations fall under federal law, while the smoke-free law is provincial. Read more about this Canadian jurisdictional issue.
December 20, 2007
Local Missouri Smoke-Free Law Ruled "Unenforceable"
On Monday, December 17, 2007, a Missouri circuit court judge dismissed a club owner’s citation for violating an Independence, Missouri smoke-free ordinance, and ruled the ordinance unenforceable. The owner’s attorney argued the ordinance was overbroad. Read more about this smoke-free ruling.
December 19, 2007
Administrative Agency to Interpret Illinois Smoke-Free Act
On January 1, 2008, Illinois will go smoke-free. Eight days later, the Illinois General Assembly’s Joint Committee on Administrative Rules (“JCAR”) will vote on proposed rules for the statewide law, including details on enforcement and other provisions. Read more about the Illinois smoke-free law and this rule-making process.
December 18, 2007
Loews Planning to Spin-Off Lorillard Tobacco
On Monday, December 17, 2007, Loews Corp. announced that it will spin off its Lorillard tobacco subsidiary. As Americans smoke fewer cigarettes, tobacco companies are promoting other products, such as cigars, chewing tobacco and snus. This spinoff action frees the tobacco company to take on debt and market alternative products, while reducing the parent company’s legal risk due to tobacco litigation. Read more about this tobacco business decision.
December 17, 2007
FDA Tobacco Regulation Legislation on Hold
A bill giving the Food and Drug Administration authority to regulate cigarettes has been put on temporary hold. Supporters believe the bill will be revived early in 2008. Read more about this proposed FDA legislation.
December 14, 2007
Japan Tobacco International Agrees to Combat Cigarette Smuggling
On Friday, December 14, 2007, Japan International Tobacco will sign an agreement with the European Commission to combat cigarette smuggling and counterfeiting. The agreement comes after two years of negotiations and includes a $400 million contribution from JTI. Read more about this international agreement.
December 13, 2007
Senate Republicans Block Michigan Smoke-Free Bill
On Tuesday, December 11, a Michigan bill that would prohibit smoking in places of employment, including bars and restaurants, was effectively shelved. The bill passed the House by a slim majority the previous week, and moved to the Senate. The bill was then sent to a committee chaired by Senate Majority Leader Mike Bishop, who said that this bill is simply not a priority for Senate Republicans. Read more about this Michigan legislative action.
December 12, 2007
Ontario Considers Prohibiting Smoking in Cars with Children
On Thursday, December 6, an Ontario member of the provincial parliament introduced a bill in the legislature that would amend the Smoke-Free Ontario Act to protect minors under the age of sixteen. If this law is passed, people smoking in cars with minors could be fined $200 to $1,000. Read more about this proposed Canadian law.
December 11, 2007
New Zealand Considers Prohibiting Cigarette Displays
The New Zealand Health Ministry is considering a total prohibition on cigarette displays in stores. Current law allows a maximum of 100 cigarettes and 40 cartons on display. The ministry asserts this move will help smokers who are trying to quit and may also help young people resist starting to smoke. Read more about this New Zealand health push.
December 10, 2007
Illinois Communities Consider Smoking Shelters for Bars and Restaurants
Illinois communities are wrestling with questions about the scope of the newstatewide smoke-free law scheduled to take effect January 1, 2008.Several Illinois restaurant and bar owners are interested in building outdoor shelters for smokers.Even if smoking shelters don’t violate the text of the law,some lawmakers contend theyviolate the spirit of the law. Read more about this smoke-free legal issue.
December 7, 2007
Alaska Supreme Court Supports State’s Authority to Regulate Tobacco Sales
On November 23, the Alaska Supreme Court issued a decision upholding the state’s authority to protect its citizens from harm, in this case holding a business owner accountable for an employee's sale of tobacco to a minor, regardless of negligence on the part of the owner or employee. Read more about this Alaska case.
December 6, 2007
R.J. Reynolds Temporarily Halts Camel Advertisements
On Wednesday, December 5, R.J. Reynolds agreed to temporarily halt a controversial Camel brand cigarettes advertising campaign in the hopes of settling a lawsuit brought by the California Attorney General. Similar agreements are being negotiated with the Attorneys General of other states suing the tobacco manufacturer for its Camel Farm campaign. Read more about this tobacco litigation.
December 5, 2007
Minnesota Court of Appeals Rules Light Cigarette Litigation is Not Preempted
On Tuesday, December 4, the Minnesota Court of Appeals ruled that Dahl, et al. v. R.J. Reynolds Tobacco Co., et al., a ‘light cigarette’ lawsuit, is not preempted by federal law and should be allowed to proceed in district court. This ruling is consistent with the U.S. Supreme Court’s decision in Cipollone v. Liggett Group, Inc., which held that claims, like those raised by the plaintiffs, that tobacco manufacturers breached a broad duty not to deceive are not expressly preempted by the Federal Cigarette Labeling and Advertising Act. The Minnesota court also held that the claims were not implicitly preempted by the Federal Trade Commission’s oversight of tar and nicotine claims in cigarette advertising. This ruling has broad implications for plaintiffs in light cigarette lawsuits in Minnesota and other states. Read the court’s decision.
December 4, 2007
Eight States Sue R.J. Reynolds for Violation of Master Settlement Agreement
On Tuesday, December 4, Pennsylvania, California, Illinois, New York, Ohio and Washington State began filing lawsuits alleging R.J. Reynolds violated the 1998 Master Settlement Agreement prohibiting the use of cartoons in cigarette advertising. Maryland and Connecticut also stated they will take part in the lawsuit. Read more about this tobacco litigation.
December 3, 2007
European Union to Require More “Fire-Safe” Cigarettes
On Thursday, November 29, European Union officials endorsed a plan to require all cigarettes sold in Europe to be made with fire-retardant paper that slows burning and extinguishes if the cigarette is left unattended. The new slower burning cigarettes could help reduce the number of home and wild fires each year. Read more about this cigarette safety law.
November 30, 2007
Alberta Passes Tobacco Reduction Act
On November 14, Alberta’s Tobacco Reduction Act (Bill 45) found overwhelming support in the Alberta Legislative Assembly. The bill, which will take effect on January 1, 2008, prohibits smoking in all public places and places of employment, with the exception of hotel rooms and designated smoking rooms in group living facilities. The bill will also prohibit tobacco advertising at the retail level. Read more about this smoke-free bill.
November 29, 2007
R.J. Reynolds to Stop Print Cigarette Ads in 2008
On Tuesday, November 26, the R.J. Reynolds Tobacco Co. said it would stop advertising its brands in newspapers or consumer magazines starting in 2008. R.J. Reynolds has been under intense criticism for its print ads – most recently for Camel 9, which advocates said were cynically aimed at young women, and also for a spread in the November issue of Rolling Stone that bookended a cartoon music advertisement. Read more about this tobacco advertising decision.
November 28, 2007
Supreme Court Hears Arguments in Maine Tobacco Delivery Case
On Wednesday, November 28, the Supreme Court will hear oral arguments in New Hampshire Motor Transport Assoc. v. Rowe, a Maine case that involves a state’s power to regulate tobacco delivery to minors in light of a preemptive provision of the Federal Aviation Administration Authorization Act. Read more about this tobacco litigation.
November 27, 2007
Rolling Stone Cigarette Advertisement May Violate Master Settlement Agreement
The November 15, 40th anniversary issue of Rolling Stone magazine contains what tobacco control advocates assert is a nine-page cartoon ad for Camel cigarettes. Some advocates claim that the ad may violate the 1998 Master Settlement agreement between cigarette manufacturers and state attorneys general that prohibits marketing cigarettes to children through the use of cartoon characters, such as Joe Camel. Read more about this tobacco advertisement.
November 26, 2007
Tobacco Manufacturers Win Flight Attendant Case
On Friday, November 16, a six-person Miami jury found tobacco manufacturers not liable for the death of Gloria Menchini, a flight attendant who died of lung cancer in 1996. Menchini v. R.J. Reynolds Tobacco Co., et al., is the ninth flight attendant case to go to trial since 2001 and stems from the Broin class action lawsuit, which was settled in 1997. Read more about this secondhand smoke exposure lawsuit.
November 20, 2007
New York Addiction Recovery Programs to go Smoke-Free
In July 2008, New York will become the first state to ban smoking at all its chemical dependence and treatment facilities. For years treatment centers and groups have focused on illegal drugs and alcohol and neglected the problems caused by smoking addiction. Since 92% of recovering addicts smoke, this is a dramatic change for the recovery and treatment field. Read more about this New York policy.
November 19, 2007
Colorado Bar Owners Challenge Smoke-Free Law
On Thursday, November 15, the 10th Circuit Court of Appeals heard oral arguments regarding a group of Colorado bar owners' challenge to the Colorado Clean Air Act. The bar owners are appealing a lower court's decision that upheld the smoke-free law. The bar owners assert the law violates the Equal Protection Clause of the Constitution by allowing exemptions for casinos, cigar bars, and airport smoking lounges. The State notes casinos will be smoke-free Jan. 1, 2007, and that the exemptions are rational. Read more about this Colorado smoke-free challenge.
November 14, 2007
Defeat of Measure 50 in Oregon has National Effect
On November 13, President Bush cited the defeat of Measure 50 in Oregon in support of his belief that Americans are not in favor of a tax hike on cigarettes to pay for health care for children. Oregon Representative David Wu argued that Measure 50's defeat was a result of the $12 million campaign by tobacco manufacturers and that Americans overwhelmingly support health care for children. Read more about the national effect of this Oregon defeat.
November 13, 2007
Israel Strengthens Smoke-free Law
On Wednesday, November 7, Israel enacted a tough smoke-free law in public places designed to encourage the owners of establishments, such as bars, to enforce smoking prohibitions. The new law increases the fine on proprietors who fail to enforce the law and requires the proprietor to tell the smoker to stop, refuse service if the smoker continues, and alert municipal inspectors. Read more about this new Israeli law.
November 12, 2007
Minnesota’s Next Smoke-Free Campaign Gearing Up
Now that Minnesota’s statewide smoke-free workplace law is in effect, the state’s smoke-free advocates are moving in new directions, zeroing in on the dangers posed by secondhand smoke exposure in apartments and condominiums. Read more about Minnesota’s latest smoke-free focus.
November 8, 2007
Nigerian Federal Government Sues Tobacco Manufacturers
On Tuesday, November 6, the Nigerian Federal Government filed suit against British-American Tobacco, Phillip Morris International and International Tobacco Limited for the health damage caused to Nigerian children from smoking cigarettes. The government is asking for N5.3 trillion (approximately $450 billion U.S.). Read more about this Nigerian lawsuit.
November 7, 2007
Measure 50 Defeated in Oregon Election
On Tuesday, November 6, two out of three Oregon voters rejected Measure 50, a proposed tax increase for cigarettes that would pay for children’s health insurance. This was the most expensive campaign in Oregon history, with tobacco manufacturers outspending supporters of Measure 50 by a 4-1 ratio. Read more about this Oregon defeat.
November 6, 2007
Italy’s Highest Court Upholds $290,000 Award Against Tobacco Manufacturers
On Monday, November 5, Italy’s highest court publicly released its ruling in the case of Stalteri v. Monopoli di Stato. The Court upheld a $290,000 products liability award against tobacco manufacturers to the estate of Mario Stalteri, who died of lung cancer in 1991 after smoking a pack of cigarettes a day since 1950. Read more about this landmark European ruling.
November 5, 2007
Illinois Prisons to Prohibit all Tobacco Starting January 1, 2008
The Illinois state prison system is set to go tobacco-free on January 1, 2008, the same day the statewide smoke-free law takes effect. Cigarettes, cigars and all forms of smokeless tobacco will be considered contraband on prison grounds, with no exception for outdoor recreation areas. Read more about this Illinois tobacco-free law.
November 2, 2007
Cigarette Manufacturer Not Liable for Fire
On October 22, a New Jersey Appellate court dismissed the case Mercer Mutual Insurance Co. v. Proudman for failure to state a claim. Dolores Graziano, who was injured in a fire started by a cigarette, argued that the cigarette was defective because it was not a self-extinguishing cigarette, otherwise known as a “fire safe” cigarette. The court dismissed the claim, holding that burning is an inherent requirement of a cigarette and that “fire safe” cigarettes reduce, but don’t extinguish fire risk. Read more about this products liability lawsuit.
October 31, 2007
Israeli Restaurant Failed to Enforce Smoking Prohibition, Loses Class Action Case
The first-ever class action lawsuit in Israel against a restaurant for failing to enforce no-smoking laws has resulted in a NIS 2.5 million (approx. US $630,000), plus expenses, settlement. The Foccachetta restaurant in Jerusalem must pay NIS 600 (US $150) to any of the restaurant’s customers who declare in front of a lawyer that they patronized Foccachetta in May or June of 2007, and were involuntarily exposed to tobacco smoke. Read more about this landmark Israeli lawsuit.
October 30, 2007
Tobacco Control Legal Consortium Hosts Symposium on Limits of Smoking Regulation
The Tobacco Control Legal Consortium, headquartered at William Mitchell College of Law, invited prominent national and international tobacco control experts, lawyers, and scholars who hold opposing views about the impact of expansive new smoke-free policies on autonomy, privacy, confidentiality, personal liberty, and public health to a half-day symposium on the law school’s St. Paul campus. Read about the symposium.
Thousands of Floridians Heading Back to Court against Tobacco Manufacturers
In the wake of the dismantled class action in Engel v. R.J. Reynolds, et al., thousands of Floridians are heading back to court with individual product liability lawsuits. The cases are expected to jam court dockets and may force Palm Beach County to create a separate division solely to handle tobacco cases. Tobacco companies have already removed hundreds of cases to federal court, where tobacco generally fares better. Read more about these ongoing Florida legal battles.
October 29, 2007
National Smoke-Free Conference Attendees Rally in Support of Clean Air
On October 25, hundreds of attendees of the National Conference on Tobacco or Health rallied outside the Minneapolis Convention Center to raise awareness about the benefits of smoke-free laws and celebrate nationwide progress in smoke-free initiatives. The conference, attended by more than 3,000 smoke-free advocates, also highlighted Minnesota’s recently enacted statewide comprehensive Freedom to Breath Act. Read more about this smoke-free rally and conference.
October 22, 2007
Minnesota's Smoke-free Law Confronts Tribal Jurisdictional Issues
The reach of Minnesota's new statewide smoke-free law is unclear in a liquor store/bar in Callaway, a city of 200 located on the White Earth Indian Reservation. The City of Callaway is a subdivision of the State of Minnesota, which allows small cities to operate liquor establishments. The city, however, is located wholly within the reservation, and the store allows gambling. Read more about this jurisdictional dilemma.
October 19, 2007
SCHIP Veto to Stand
On Thursday, October 18, the House failed, by 13 votes, to override President Bush’s veto of the State Children’s Health Insurance Program, or SCHIP. The program would have raised cigarette taxes in order to provide health care to children. Read more about this veto challenge.
October 17, 2007
European Conference Compares Tobacco Control Policy in 30 European Countries
On Thursday, October 11, a study entitled “The Tobacco Control Scale: Ranking and Comparison of the Tobacco Control Policies of 30 European countries (2005-2007)” was presented at the 4th European “Tobacco or Health” conference. Read more about this tobacco control study.
October 16, 2007
DOJ Documents Added to Legacy Tobacco Documents Library
In October 2007, the United States Department of Justice collection was added to the Legacy Tobacco Documents Library. The collection is made up of documents that defendants in United States v. Philip Morris, et al., initially withheld from the plaintiffs on grounds of privilege and other protection. Read more about this collection, or search the Legacy Tobacco Documents Library.
October 15, 2007
Governor Signs Bill Prohibiting Smoking in a Car with a Minor
On Wednesday, October 10, Governor Schwarzenegger signed a bill prohibiting drivers and passengers from smoking in the car with anyone under the age of 18. A person caught smoking with a minor in the car could be fined $100.00. A person cannot be pulled over for smoking in the car, but may be fined as part of a valid traffic stop for another reason. The bill goes into effect January 1, 2008. Read more about this California law.
October 12, 2007
Governor Signs Bill Restricting Tobacco Freebies
On October 11, Governor Schwarzenegger signed Assembly Bill 1585. The bill prohibits the use of coupons, gift certificates, gift-cards and similar offers by including them in the definition of “non-sale distribution of tobacco.” The new law will take effect on January 1, 2008. Read more about this California law.
October 11, 2007
Court Upholds $500,000 Award against Liggett Group
On Wednesday, October 10, the District Court of Appeal of Florida, Fourth District, upheld a jury verdict of $500,000 against the Liggett Group in Liggett Group, Inc. v. Davis. The court held that the district court erred by allowing the jury to consider a negligence claim, but upheld the jury’s verdict on Davis’ strict liability design defect claim. Read this Florida court opinion.
October 10, 2007
Belmont's Smoke-Free Law is Official
On Tuesday, October 9, 2007, the Belmont, California City Council approved the city's much-discussed smoke-free law. The Belmont ordinance is the first citywide law to prohibit smoking inside apartments, condos and townhouses that share common floors or ceilings with another unit. The law will take effect in 30 days, while property owners will have 14 months to enforce the law via lease provisions. Read more about Belmont's smoke-free ordinance.
October 9, 2007
Iowa Ads Push for Local Control of Smoking Regulations
On Monday, October 8, 2007, Iowa airwaves began broadcasting radio ads urging the state legislature to allow cities and counties to have local control over clean air policies. Read more about this Iowa campaign.
October 8, 2007
China Seeks to Reduce Smoking on TV and in Films
China’s broadcasting watchdog wants to lessen the amount of smoking in the entertainment industry as part of China’s plan for a smoke-free Olympics in 2008. Because China has no national smoke-free law, the State Administration of Radio, Film and Television cannot simply prohibit all smoking on film and television. Read more about China’s push for smoke-free entertainment.
October 5, 2007
Tobacco Spends Big Money to Sway Oregon Voters
Tobacco companies as a group have contributed approximately $4.5 million to fight a cigarette-tax increase in Oregon, which is intended to provide funding for health insurance to over 100,000 Oregon children. Although early polling showed the measure passing easily, the amount of money and ads being funneled to the state has advocates of the proposal worried. Read more about this Oregon battle.
October 4, 2007
President Bush Vetoes Children’s Health Care Bill
On Wednesday, October 3, 2007, President Bush delivered his fourth veto since taking office, this one striking down the newly passed State Children’s Health Insurance Program bill. The bill, which has bipartisan support, would increase cigarette taxes to provide health care to uninsured children. Approximately 15 additional votes in the House are needed to override the veto. Read more about Bush’s veto.
October 3, 2007
Beverly Hills Outdoor Eating Areas Smoke-Free
On Sunday, September 30, 2007, Beverly Hills, California enacted a new smoke-free ordinance which prohibits smoking in almost all outdoor eateries. Fines of $100.00 for a first offence and $500.00 for repeat offenders are intended to help provide cleaner environments for diners and pedestrians. Read more about this Beverly Hills ordinance.
October 2, 2007
Supreme Court Denies Tobacco Companies’ Appeal
On Monday, October 1, 2007, the US Supreme Court denied certiori to Engle v. R.J. Reynolds, et. al., the historic class action tobacco case. Previously in Engle, the Florida Supreme Court overturned a lower court’s verdict and dismantled the class, holding the plaintiffs were too diverse. The Supreme Court decision opens the way for hundreds of individual lawsuits to be brought on behalf of Florida smokers. Read more about the effects of this decision.
October 1, 2007
Minnesota Goes Smoke-Free Today
On Monday, October 1, 2007, Minnesota’s statewide smoke-free law went into effect. Minnesota’s Freedom to Breathe Act of 2007 prohibits smoking in public places, places of employment, public transportation, and at public meetings. Read Minnesota’s smoke-free law.
September 28, 2007
Smoker Loses Appeal Alleging Cigarette Price-Fixing
On Wednesday September 26, 2007, the Ninth Circuit Court of Appeals rejected arguments that the multi-state 1998 Master Settlement Agreement created an anti-competitive cigarette market. Similar cases are still pending in other federal appellate courts. Read more about this price-fixing allegation.
September 27, 2007
Belmont Smoke-free Ordinance Finalized
On Tuesday, September 25, 2007, the Belmont City Council officially passed its landmark smoke-free ordinance. The council clarified aspects of the ordinance and set a timeline for implementation. Read more about Belmont, California’s comprehensive smoke-free ordinance.
September 26, 2007
Oregon Tobacco Tax Increase Question to Remain on Ballot
On Monday, September 24, 2007, Oregon district court Judge Paul Lipscomb rejected arguments that placing a tax increase before voters on the November ballot is a violation of the Oregon constitution. The proposed tobacco tax would go toward health insurance for Oregon children. Read more about the Oregon ballot challenge.
September 25, 2007
China Enacts Smoking Prohibitions in Anticipation of Olympics
On Monday, September 23, 2007, Beijing began posting “No Smoking” signs inside taxi-cabs. These signs are to prepare commuters for the smoke-free law going into effect on October 1, 2007, as part of an effort to create a smoke-free Olympics in 2008. Read more about this Chinese smoke-free law.
September 24, 2007
Second Public Hearing for Belmont Smoke-free Law
On Tuesday, September 25, 2007, the Belmont City Council will hold another public meeting for the historic comprehensive smoke-free law, which passed by a 3-2 vote on September 11, 2007. Changes in the wording of the law, including a 14-month grace period for people who own or rent apartments and condominiums, require another public hearing. Read more about this Belmont, California legislation.
September 21, 2007
South Africa Passes New Smoke-free Legislation
On Thursday, September 20, 2007, South African lawmakers approved legislation which prohibits smoking in a private residence which is used for commercial childcare, tutoring or schooling, and in any car transporting a child under 12. The law also includes protection for non-smokers in the workplace, and prohibits misleading labeling of cigarettes through words such as “light” and “mild.” Read more about this South African legislation.
September 20, 2007
U.S. Surgeon General’s Report on Health Effects of Secondhand Smoke on Children
On Tuesday, September 18, 2007, the U.S. Attorney General released a report on the health effects of secondhand smoke on children. The report was released in conjunction with efforts by smoking cessation groups to publicize these health risks. Read the Surgeon General’s Report.
September 19, 2007
Advocates Urge Legislators not to Exempt Casinos from Smoking Prohibition
On September 14, Kathy Drea of the American Lung Association explained that advocates plan to use monitoring data collected last month to help show that even state-of-the-art filtration systems cannot remove toxins and carcinogens resulting from secondhand smoke from the air. Casinos in Illinois are pushing for an exemption from the State’s new smoking prohibition which will take effect on January 1, 2008. Read more about this Illinois controversy.
September 18, 2007
Agreement on New Cigarette Tax to Pay for Children’s Health Care
On Sunday, September 16, 2007, House and Senate representatives said they agreed on the framework of a compromise bill that would give coverage to nearly half the nation’s uninsured children. The bill calls for a .65 cent per pack increase in cigarette taxes. There is a strong possibility President Bush will veto the bill if it passes. Read more about this proposed legislation.
September 17, 2007
New Hampshire Restaurants and Bars Smoke-free Today
On Monday, September 17, 2007, New Hampshire’s smoke-free law takes effect. The new law prohibits smoking in restaurants, bars and otherwise private clubs holding public events. Enforcement will rely upon customer complaints. Read more about New Hampshire’s new smoke-free law.
September 14, 2007
“No Smoking in Cars with Children” Bill Goes to Governor Schwarzenegger
On September 11, the California Senate passed a bill that would prohibit smoking in cars with children. The bill now heads to the Governor’s desk and it is unknown whether he will sign it. Read more about this California Senate bill.
September 13, 2007
Oregon Supreme Court Reviews Historic Punitive Damages Tobacco Case
On September 12, the Oregon Supreme Court heard arguments again in the massive punitive damages Williams v. Philip Morris case. The court will consider whether to order a new trial, reduce its award of $79.5 million to the estate of Mayola Williams, or reinstate its 1999 decision. The U.S. Supreme Court sent the case back to the Oregon Supreme Court last February. Read more about this Oregon case.
September 12, 2007
Belmont Passes Toughest Anti-Smoking Law in California
On September 11, the Belmont City Council voted 3-2 to prohibit smoking in indoor and outdoor workplaces, public spaces, and condominiums, townhouses and apartments. Experts say the Belmont ordinance is the most restrictive smoke-free law in the U.S. Read more about this new California law.
September 11, 2007
Indian Law to Require Graphic Warning Labels on Tobacco Products
On September 6th, the Indian Parliament in New Delhi passed a law that will requiregraphic healthwarnings on all tobacco products,including the option of displaying a skull and cross bones. Government officials were concerned that depicting the skull might offend some religious sects, but public health concerns may have overridden these objections. Read more about the Indian law.
September 10, 2007
Oregon Supreme Court Hears Tobacco Class Action Case
On September 5, the Oregon Supreme Court heard arguments in a class action lawsuit that seeks to force tobacco companies to pay for medical tests to detect smoking-related illnesses, including emphysema and lung cancer. Tobacco industry lawyers argue that plaintiffs lack a present injury, and a ruling in their favor will open the door for negligence cases based on a person’s increased risk of, rather than actual, harm. Read more about this Oregon lawsuit.
September 7, 2007
Oregonians Sue to Halt Ballot Measure Proposing Cigarette Tax
A state representative of Oregon and other tobacco users and retailers have brought a lawsuit to prevent a measure on the ballot this November allowing voters to weigh in on a tax hike on cigarettes. The group is arguing that one vote would decide tax increases for different types of tobacco products. The tobacco industry is taking an interest in this suit to challenge the cigarette tax increase of more than 80 cents included in the ballot measure. Read more about this lawsuit in Oregon.
September 5, 2007
First Circuit Court of Appeals Vacates Ruling Dismissing “Lights” Case
On August 31, the 1st Circuit Court of Appeals vacated a district court ruling favoring Altria, the parent company of Philip Morris, in a case brought by three smokers from Maine who alleged harm as a result of deceptive and unfair practices. This ruling gives the smokers a second chance to have their case heard in district court. Read more about this decision.
August 31, 2007
Altria to Spin-off Philip Morris International
Altria, the parent company of Philip Morris, is expected to announce a spin-off of the subsidiary on Wednesday after a meeting with board members. Altria believes the spin-off would result in less scrutiny of international activities and financial protection from lawsuits brought by smokers domestically. Read more about this business move.
August 30, 2007
Stanford School of Medicine Campus to go Smoke-free
As of September 1, the campus of Stanford School of Medicine will be smoke-free. The school, located in Palo Alto, California, is hoping to promote healthier lifestyles among faculty, employees and students. Read more about this campus policy.
August 29, 2007
China Sets Timeline for Prohibition of Tobacco Advertising
As part of its implementation of the Framework Convention on Tobacco Control, the Chinese Association on Tobacco Control has announced that China will prohibit all tobacco advertising by January 2011. This is a major step for the world’s largest tobacco producing and consuming country. Read more about this.
August 28, 2007
Judge Upholds Smoke-free Law in Houston
On August 27, 2007, a federal judge in Houston upheld the city’s smoke-free law, set to go into effect on September 1, 2007. The lawsuit was brought earlier this month (see News Archive from August 9th) challenging the City of Houston’s smoke-free law as preempted by a state law regulating alcohol sales. Read more about this decision in Houston.
August 27, 2007
Bars in Alberta, Canada to Go Smoke-free on January 1
The health department in Alberta, Canada has announced that on January 1, 2008, Alberta’s smoke-free law covering taverns, bingo halls and casinos will go into effect. Alberta is one of the last provinces in Canada to implement smoking restrictions indoors. Read more about the Canadian law.
August 23, 2007
Supreme Court of Illinois Voids $10.1 Billion Class Action Against Philip Morris
On August 22, the Illinois Supreme Court overturned a lower court’s award of $10.1 billion in damages for a class action suit involving smokers of Marlboro Lights brand cigarettes. The damageswere dismissed by the same court on a prior occasion, and the circuit court issued yet another ruling leading to this appeal. Read more about this decision.
August 22, 2007
Tobacco Farmers Awarded $24 Million Under Tobacco Growers Trust Agreement
Recent decisions in Pennsylvania and Maryland resulted in awards of $11 million and $13 million, respectively, for the states’ tobacco farmers. This decision comes as a result of Tobacco Growers Trust Agreement, signed in 1999, that provides for payments to tobacco farmers from the major tobacco companies for decreased demand in their crops. Read more about this ruling.
August 21, 2007
Denmark and Slovenia Go Smoke-free
Mid-August marks yet another victory for the tobacco control as two more countries go smoke-free. Denmark’s law went into effect on August 15, and Slovenia’s law took effect on August 5. These laws prohibit smoking in many public places including restaurants and hotels. In Denmark, smoking is allowed only in certain small bars. Read more about Denmark’s law. Read more about Slovenia’s law.
August 17, 2007
Colorado Judge Rules Adams County Smoke-free Law is Constitutional
On August 15, District Judge Melonakis ruled that officials in Adams County, Colorado were acting in the legitimate public interest of protecting the health of its citizens in enacting the county’s smoke-free law. Judge Melonakis held that Plaintiffs did not meet their burden in showing that the law was unconstitutional beyond a reasonable doubt. Read more about this ruling.
August 16, 2007
Nation’s Leading Women’s and Public Health Organizations Seek Halt to Camel No. 9
Dozens of the nation’s leading women’s and public health organizations have spearheaded an effort to get the Camel No. 9 brand of cigarettes off the market. These organizations allege a directed effort by tobacco companies to attract young, trendy women to the brand. Read more about this movement.
August 15, 2007
Mississippi Bar Owners Take Issue with Outdoor Restrictions on Smoking
The smoke-free law that went into effect July 19th in Ridgeland, Mississippi has bar owners up in arms about any mention of “outdoor smoking.” The Ridgeland Restaurant Association has filed an injunction against the city and awaits a ruling from a U.S. District Judge in Jackson, MS. Read more about this lawsuit.
August 9, 2007
Houston Bar and Restaurant Owners File Lawsuit Challenging the Smoke-free Law
A coalition of bar and restaurant owners in Houston filed a lawsuit in federal court last week to challenge the recently enacted smoke-free law set to go into effect in September. The Plaintiffs claim the exemptions in the law are arbitrary and the city does not have the authority to pass such a law. Read more about this lawsuit in Houston.
August 8, 2007
New York Supreme Court Justice Allows Design Defect Defense to Proceed
Justice Ramos in the Manhattan Supreme Court ruled that the family of a deceased smoker can proceed with their design defect claim and pursue punitive damages (Fabiano v. Philip Morris). This ruling comes despite a recent contradictory ruling from a New York federal court (Mulholland v. Philip Morris). Read more about this ruling.
August 7, 2007
Los Angeles, California Passes Ordinance Prohibiting Smoking in Parks
On August 1, the Los Angeles City Council passed an ordinance prohibiting smoking in public parks throughout the city. The city council cites the dry season and potential fire threat as motivation for passage of the law. Read more about the Los Angeles law.
August 6, 2007
California Supreme Court Dismisses Advertising Suits Against Big Tobacco
On August 2, the California Supreme Court ruled that federal law trumps state law regarding tobacco companies marketing to minors. This decision affirms the Court of Appeals’ dismissal of the case againstbig tobacco. The court relied on a prior ruling in Lorillard Tobacco Co. v. Reilly. Read more about this ruling.
August 3, 2007
Judge Rules that Master Settlement Participation Precludes Punitive Damage Claim
A federal judge in New York ruled in Mulholland v. Philip Morris that the state’s participation in the $200 billion Master Settlement bars subsequent punitive damage claims from individual smokers. Attorneys for the Plaintiff will appeal the ruling. Read more about this ruling.
August 1, 2007
Missouri Supreme Court to Review $20 Million Lawsuit
The Missouri Court of Appeals sent its 2-1 decision in favor of Brown & Williamson Tobacco Corporation to the state’s highest court for review. The appellate court overturned the trial court’s award of $20 million in punitive damages to the estate of long-time smoker Barbara Smith, who died in 2000. Read more about the Missouri litigation.
July 31, 2007
Texas Cigarette Tax Hike Leads to Decreased Sales
Six months after Texas enacted a cigarette tax hike of one dollar, state officials estimate that tobacco product sales are down 22 percent. Sales reports might be skewed as a result of stockpiling before the increase, but health officials are hopeful that cigarette sales will decline over time. Read more about the Texas tax.
July 30, 2007
Senators Call for More Substantial Warning Labels
In the U.S. Senate debate over the proposed bill on FDA tobacco regulation, Senators argued over the contents of warnings that should accompany packs of cigarettes. Read more about the Senate debate.
July 25, 2007
Kim Jong-Il Bans Smoking in Pyongyang
North Korean Dictator Kim Jong-Il has declared the capital city of Pyongyang to be smoke-free in public places. North Korea is said to have one of the highest smoking rates in the world. Read more about the North Korean law.
July 24, 2007
Illinois Smoke-Free Law Passed
On July 23, the Governor of Illinois signed into law a bill making public places, including restaurants, bars and casinos, smoke-free effective January 1, 2008. Read more about the Illinois law.
July 18, 2007
Chandigarh, India Goes Smoke-free
On July 15, Chandigarh became the first city in India to go smoke-free in most public places, including restaurants and bars. Under the new law, advertising for tobacco products is expressly prohibited in Chandigarh. Read more about the measures in India.
July 17, 2007
U.S. Senate Begins Debate on FDA Tobacco Regulation Bill
On July 18, the Senate Health, Education, Labor and Pensions (HELP) Committee will markup and vote on pending federal legislation that would grant the U.S. Food and Drug Administration authority to regulate tobacco products − the Family Smoking Prevention and Tobacco Control Act (S. 625). Read more about the Senate bill.
July 16, 2007
Revelations of Political Pressure on the Surgeon General Heat Up Confirmation Hearings
As the Senate faces confirmation hearings for the next U.S. Surgeon General, former Surgeon Generals are speaking out about important health issues they were told to keep under wraps. Surgeon General under the Bush administration, Dr. Carmona, cites tobacco as a major health issue that was downplayed by the most recent administration. Read more about the SG confirmation hearings.
July 13, 2007
Kentucky Appeals Court Rejects Business Owner’s Request for Injunction
On July 10, 2007, a Kentucky Court of Appeals judge denied an emergency request for an injunction from business owners challenging exemptions in the Louisville, Kentucky smoke-free law. Read more about the litigation in Kentucky.
July 12, 2007
Mombasa, Kenya Bans Smoking in Public Places
The municipal council of Mombasa has passed a measure prohibiting smoking in public places to promote public health and prevent littering. The capital, Nairobi, has followed suit with a similar regulation. Read more about the measure in Mombasa. Read more about the measure in Nairobi.
July 11, 2007
California Judge Rules Against Big Tobacco
A Los Angeles Superior Court judge ruled in favor of a 15-year-old boy in an ongoing wrongful death case against Philip Morris. In 2001, decedent Richard Boeken won a $55 million settlement against the company before his death. Read more about this California litigation.
July 10, 2007
U.S. Appellate Court to Hear Arguments in “Light” Cigarettes Case
The U.S. Court of Appeals for the Second Circuit will hear arguments this weekto determine whethera case brought by smokers of “light” cigarettes should proceed as a class action. The plaintiffs have claimed damages amounting to $200 billion. Read more about the “lights” class action.
July 9, 2007
No Tobacco Billboards in Philippines
A regulation prohibiting billboards with tobacco ads in Philippines went into effect on July 1st. This regulation was coupled with a cigarette tax, which the government hopes will decrease rates of smoking within the country and dissuade new smokers. Read more about the regulation in the Philippines.
July 6, 2007
Canadian Supreme Court Rules Against Big Tobacco
The Canadian Supreme Court recently upheld the federal government’s strict restrictions against tobacco ads aimed at young people and ads that suggest that smoking is glamorous. Read more about the Canadian litigation.
July 5, 2007
Big Tobacco Suits in Nigeria Heat Up in Court
Four states in Nigeria, including the states of Lagos and Kano, have sued British American Tobacco and Philip Morris, alleging several tort claims and claims about the companies’ practices of marketing to children. The states are seeking billions in damages. Read more about the Nigerian litigation.
July 3, 2007
England Goes Smoke-free
On July 1, England enacted a law making all indoor public places smoke-free. Scotland, Wales and Northern Ireland already have similar laws in place. Read more about England’s law.
July 2 , 2007
Kentucky Judge Denies Injunction to Louisville Restaurant and Bar Owners
Many bar and restaurant owners were disappointed last week when a Jefferson County judge denied their motion for a preliminary injunction that would have prevented the Louisville smoke-free law from going into effect on July 1st. The judge wrote that even if some businesses suffered economically as a result of the law, it would not constitute “irreparable harm.” Read more about the Kentucky case.
June 29, 2007
Contentious Smoke-free Law in West Lafayette, Indiana Upheld
This week a judge upheld a West Lafayette law that prohibits smoking in workplaces, including bars and restaurants. The law provides an exception for tobacco bars. West Lafayette’s law will take effect this Sunday. Read more about the West Lafayette law.
June 28, 2007
Uganda Joins Countries Ratifying the Global Tobacco Control Agreement
Uganda’s government has ratified the World Health Organization’s Framework Convention on Tobacco Control. This action will require the government to take steps in instituting tobacco control and anti-smoking measures. Read more about this news from Uganda.
June 27, 2007
Kansas Supreme Court Upholds Smoke-free Law
Last week’s Kansas Supreme Court decision upholding Lawrence’s smoke-free ordinance is likely to have greater implications in Kansas than just the city of Lawrence. The ruling set a precedent that helped establish how far Kansas cities can go in enacting smoke-free laws. Read more about the Kansas lawsuit.
June 26, 2007
U.S. Supreme Court to Review Internet Cigarette Sales Case
The U.S. Supreme Court has granted review of a case about whether Maine’s state law regulating and restricting online cigarette sales is preempted by the Federal Aviation Administration Authorization Act. The case is Rowe v. New Hampshire Motor Transport, 06-457. Read more about this case.
June 22, 2007
Oregon Expands Indoor Smoke-Free Law
The Oregon legislature has voted to expand the state’s smoke-free law to include bars, restaurants, bingo halls and bowling lanes. Oregon is the last state on the West Coast to prohibit this type of indoor smoking, and the law is not set to go into effect until January 2009. Read more about the Oregon law.
June 19, 2007
Debate Over Casino Exemption Heats Up in the Pennsylvania Senate
This week, the Pennsylvania legislature is debating exemptions to a proposed state smoke-free law. The law has gained support, and is likely to pass if certain exemptions are included. The most debated issue is over exempting casinos from the law. Read more about the Pennsylvania law.
June 18, 2007
Michigan Court of Appeals Upholds Smoke-free Regulation in Four Counties
A Michigan appellate court upheld the smoke-free regulation in the four counties of Charlevoix, Emmet, Antrim and Otsego. Challengers had argued that the state preempts the authority of local health departments to adopt a smoke-free regulation. Read more about the Michigan decision.
June 15, 2007
Washington Bar and Restaurant Sales Increase after Statewide Smoke-free Law
Since Washington State’s smoke-free law went into effect December 2005, the state’s Department of Revenue has observed a 3.6% increase in the sale of food and alcohol at bars and restaurants. Opponents of the law predicted a decline in sales as a result of the law. Read more about the Washington law.
June 14, 2007
New Hampshire About to Go Smoke-free
New Hampshire’s smoke-free bill, which the legislature approved in early June, is now on the Governor’s desk. The governor’s spokesperson has said he will sign it. Some restaurants have already gone smoke-free in anticipation of the law’s enactment ninety days after the governor signs it. Read more about the New Hampshire law.
June 13, 2007
Smoke-free Car Bill Before New Jersey Senate
A proposed bill in the New Jersey Senate would make it illegal for an adultto smoke ina car when children under the age of 16 are present. The bill's penalties have been softened through various committees to a $100 fine for the perpetrator and would make the infraction a primary offense, giving police cause to pull over a vehicle. Several other states and countries are considering similar bills. Read more about the New Jersey law.
June 12, 2007
U.S. Supreme Court Remands “Light” Cigarette Case to State Court
On June 11, the U.S. Supreme Court unanimously reversed an Eighth Circuit Court of Appeals 2005 ruling that the deceptive “light” cigarette marketing case, Watson v. Philip Morris, can be brought in federal court. Monday’s high court ruling, which remands the case to state court, could affect similar lawsuits in several states, including Missouri and Minnesota. Read more about the Supreme Court ruling.
June 11, 2007
New Mexico Workplaces Set to Go Smoke-Free June 15th
New Mexico’s statewide smoke-free law, which passed this spring, is scheduled to go into effect June 15. This law prohibits smoking in indoor establishments, including bars, as well as smoking outdoors near entrances, windows and ventilation systems. The state legislature’s attempt to pass this same law last year failed. Read more about the New Mexico law.
June 8, 2007
Eighth Circuit Upholds Smoke-free Law in Beltrami County
On June 7, a per curiam opinion from the Eighth Circuit Court of Appeals upheld the smoke-free law in Beltrami County, Minnesota. Federal District Court Judge Joan Ericksen granted the county summary judgment and denied Plaintiff’s request for a temporary restraining order. Minnesota’s statewide smoke-free law goes into effect on October 1st. Read more about the Eighth Circuit Decision.
June 7, 2007
Bar and Restaurant Owners Seek Injunction to Delay Enforcement of Louisville’s Smoke-free Law
Bar and restaurant owners from the Louisville Hospitality Coalition went to court on June 5th to ask the judge to delay the city’s smoke-free law from going into effect until their pending case is determined. The Louisville, Kentucky law is set to go into effect on July 1st. Read more about the Kentucky lawsuit.
June 6, 2007
Individual Engle Plaintiffs Line Up to File Suit Against Big Tobacco
A suit filed in Florida’s Miami-Dade Circuit Court in the wake of the Engle class action suit attacks Big Tobacco’s marketing tactics as racist. The suit advances several tort theories and alleges that Big Tobacco targeted minorities, specifically African Americans, with deceptive marketing practices. The attorney who filed the suit reportedly said, “If I could, I’d try to have them charged with genocide.” Read more about this Florida lawsuit.
June 5, 2007
Tennessee Legislature Approves 42 Cent Cigarette Tax Increase, Passes Bill to Governor
The Tennessee General Assembly approved a bill to increase cigarette taxes from 20 cents to 62 cents. Tennessee’s cigarette tax is currently the fourth lowest in the nation. The additional revenues are slated to fund an education overhaul, with a small portion going to trauma centers. This bill follows on the heels of a bill to ban smoking in most public workplaces, which the legislature sent to the governor last week. Read more about the Tennessee tax bill.
June 4, 2007
Indiana Smoke-Free Ordinance Takes Effect, After City Removes Challenge to Federal Court
Fort Wayne’s new smoke-free ordinance went into effect last Friday, after the city removed the lawsuit challenging the ordinance to federal court on May 31st. The removal, which was based on federal constitutional issues raised by challengers of the ordinance, cancelled a state court hearing scheduled for Thursday that challengers had hoped would result in a temporary suspension of the ordinance. Read more about the Indiana case.
June 1, 2007
Wisconsinites Flock to the Capital to Support/Oppose Smoke-free Legislation
On May 31st, hundreds joined to testify at a public hearing in Madison regarding the bipartisan smoke-free bill recently introduced by Sen. Fred Risser (D-Madison) and Rep. Steven Wieckert (R-Appleton). The bill is supported by the Wisconsin Restaurant Association, though many of those opposing the bill were bar and restaurant owners, who would not be subject to an exemption in the proposed bill. Read more about the Wisonsin legislation.
May 31, 2007
Flurry of Violation Complaints Follow Enactment of Arizona Smoke-free Law
The smoke-free law in Arizona went into effect on May 1st. Since that date, the state health department has received over a hundred complaints regarding infringements of the law, and the state has filed a lawsuit against one of the offending bars. Read more about the Arizona law. Read more about the Arizona lawsuit.
May 30, 2007
Finland Latest EU Nation to go Smoke-free in Bars and Restaurants
On Friday, Finland’s new smoke-free law goes into effect, which prohibits smoking in all bars and restaurants. Finnish workplaces have been smoke-free since 1995, with the exception of bars and restaurants. A measure outlawing smoking in bars and restaurants failed in 1999. Read more about the Finnish law.
May 29, 2007
Ohio to Appeal Lower Court Ruling Against Private Club Exemptions
On May 25th, Ohio Governor Ted Strickland asked Attorney General Marc Dann to appeal a recent common pleas court ruling that exemptions for private clubs in the state's smoke-free law were outside the state's authority. Last year, voters in Ohio approved this law with the understanding that it would include exemptions for private clubs like the VFW. Read more about the Ohio case.
May 25, 2007
Tennessee Senate Passes Smoke-free Bill
On May 24th, the Tennessee Senate passed a bill that would prohibit smoking in most enclosed public places. The companion bill will be heard in House committees next week. Read more about the Tennessee bill.
May 23, 2007
Pennsylvania Appeals Court Rules Against Allegheny County Smoke-free Ordinance
On May 22, a Pennsylvania appeals court ruled that Allegheny County's smoke-free ordinance is preempted by the state's Clean Indoor Air Act, which exempts bars and restaurants. The judge determined that only the Pennsylvania legislature has the authority to regulate indoor air. Read more about the Allegheny decision.
May 22, 2007
Philip Morris “Light” Case Back in Court?
A judge in Madison County, Illinois is seeking to resurrect a case against Philip Morris regarding the selling and marketing of "light" cigarettes. The Illinois Supreme Court struck down Madison County's $10.1 billion judgment seventeen months ago. Read about the Madison County case.
May 21, 2007
Champaign, Illinois Repeals Smoke-Free Ordinance
On May 14, the Champaign, Illinois City Council voted 5-4 to repeal its smoke-free ordinance. The repeal could be short-lived since the Illinois House recently passed state-wide smokefree legislation. Read more about changes to Champaign's smoke-free law.
May 17, 2007
Maryland's Statewide Smoke-Free Bill Becomes Law
On May 17, Maryland Governor Martin O'Malley signed a statewide smoke-free bill into law. The law will prohibit smoking in public places, including bars, restaurants, and social clubs. Read more about Maryland's smoke-free law here.
May 16, 2007
County in New York State Prohibits Smoking in Cars with Children
On May 15, the Rockland County Legislature voted unanimously to prohibit cigarette smoking in cars when children under age 18 are present. Rockland County is the first county in New York state to pass such legislation. Read more about the Rockland County measure.
May 15, 2007
Arizona Sues Bar Owner for Violating Smoke-free Law
On Monday, Arizona state officials filed their first complaint against a bar owner who allegedly violated the state's smoke-free law by allowing patrons to smoke on numerous occasions. Officials are seeking $100,000 in fines and an injunction to stop smoking. Read more about this Arizona smoke-free case.
May 11, 2007
Indiana Governor Signs Tobacco Tax into Law
On May 10, Indiana Governor Mitch Daniels signed a bill into law that will raise the Indiana cigarette tax by 44 cents per pack. The increased tax revenue will be used to fund a new health insurance program intended to help thousands of Indiana residents. Read about the Indiana cigarette tax.
May 10, 2007
A Tobacco-Free University
Minnesota State University, Moorhead, is the first four-year university in Minnesota to prohibit the use of all tobacco products on any campus property. The new rule will go into effect on January 1, and includes all campus residence halls, parking lots, offices and research centers. Read about Minnesota State University's new smoke-free policy.
May 9, 2007
New Regulations for London's Tobacco Spitters
Citing health concerns and cleanliness standards, police in north London will begin fining people up to 80 pounds for spitting in public. The measure is aimed at people who chew paan, a tobacco leaf-based mixture. Read more about the spit-free policy.
May 8, 2007
Dubai Will Go Smoke-Free on May 31
On May 31, Dubai will implement the first stage of its smoke-free law. Government buildings and public establishments will go smoke-free and children under the age of 21 will not be allowed in designated smoking areas. Read more about the Dubai law.
May 7, 2007
Chicago Theaters Will Remain Smoke-Free
On May 4, Chicago's City Council’s Buildings Committee voted four to two to uphold a smoke-free policy for theater productions, even when smoking is an "integral part of the theatrical performance." The Committee’s concern was compliance with statewide smoke-free legislation recently passed by the Illinois House of Representatives. Read more about Chicago's smoke-free ordinance.
May 3, 2007
Allegheny County Smoke-Free Ordinance on Hold
On May 1, a Pennsylvania Appeals Court granted an injunction preventing the implementation of Allegheny County's smoke-free ordinance in bars and restaurants. The ruling came one day after a lower court judge ruled that bars and restaurants must comply with the implementation schedule in the Allegheny ordinance. Read more about the Allegheny smoke-free ordinance.
May 2, 2007
Illinois Statewide Smoke-free Bill Goes to Governor for Signature
On May 1, the Illinois House overwhelmingly passed a 100% statewide smoke-free bill, the Smoke-free Illinois Act (Senate Bill 500), which prohibits smoking in all bars, restaurants and casinos as of July 1, 2007. The bill now goes to the Governor for his signature. To read the bill, click here.
May 1, 2007
Arizona Goes Smoke-free
On May 1, Arizona's comprehensive statewide smoke-free law goes into effect. The law prohibits smoking in workplaces, including bars and restaurants. Read about general compliance requirements under Arizona's statewide law.
April 30, 2007
Northern Ireland's Smoke-Free Law Goes Into Effect
On April 30, Northern Ireland's smoke-free law takes effect. The law prohibits smoking in most indoor spaces, including businesses, bars and cafes. Government officials say that support for the law is high and they anticipate this will translate into a high compliance rate. Read more about implementation of Northern Ireland's smoke-free law here
April 26, 2007
New Jersey Town Protects Children From Smoke In Cars
Keyport, New Jersey, is the first city in the state to pass legislation that limits smoking in cars when children are present. "This ordinance is really intended to be a positive public policy statement about the need to take care of our kids," said Mayor Robert Bergen. Read more about Keyport's smoke-free cars ordinance here.
April 25, 2007
India's Health Ministry to Create a National Tobacco Regulatory Body
On April 25, The Times of India reported that the country's Health Ministry is creating a National Tobacco Regulatory Body under its tobacco control plan. The new government body will enforce the country's anti-tobacco act, which prohibits smoking in public places such as hotels, restaurants and theaters. Read Health Minister Anbumani Ramadoss’ comments on the new National Tobacco Regulatory Body.
April 24, 2007
Judge Denies Class Action Status to Kansas Law Suit
A federal judge recently denied class certification to Tammy Brown and other potential plaintiffs in a smoker’s suit against Philip Morris USA. U.S. Magistrate Judge James P. O'Hara ruled that the Kansas Consumer Protection Act requires proof that each would-be class member was injured because of reliance on Philip Morris' alleged misrepresentations about the tar and nicotine levels in "light" cigarettes. Read more about the class certification ruling in Benedict v. Altria Group, Inc.
April 23, 2007
Tourism Industry Supports Wisconsin's Proposed Smoke-Free Law
Several tourism groups have joined together to support Wisconsin’s proposed statewide smoke-free bill. Tourism is a big business in Wisconsin, bringing in nearly $13 billion last year, and a growing number of travelers who live in smoke-free communities expect smoke-free options when they travel. Read more about the hospitality industry's support of Wisconsin's statewide smoke-free legislation.
April 19, 2007
11-1 Vote Makes Another Kentucky County Smoke-Free
On April 11, the Board of Health in Madison County, Kentucky, quickly passed a regulation prohibiting smoking in all public places and places of employment. In its second public hearing on the measure, the County Board took less than ten minutes to discuss and vote 11 - 1 for the regulation. Read more about the Madison County clean indoor air regulation.
April 18, 2007
Traders Refuse to Sell Cigarettes in Indian State of Kerala
Traders in the southern Indian state of Kerala stopped selling cigarettes on April 16. They will discontinue sales until tobacco manufacturers are able to pay the 12.5 percent value-added tax imposed by the government on April 1. Read more about Kerala's decision to stop selling cigarettes.
April 16, 2007
NASCAR Fans Receive Smoking Cessation Counseling
Over 160,000 NASCAR fans have received smoking cessation counseling and support services at NASCAR races over the last few years. As a result of class action lawsuits limiting tobacco product advertising, NASCAR has replaced its Big Tobacco sponsors with those that sell smoking cessation products, such as Nicorette. Read more about NASCAR's smoke-free sponsors.
April 12, 2007
Hawaii Judge Dismisses Challenge to Smoke-Free Legislation
On April 11, Hawaii Circuit Court Judge Sabrina McKenna dismissed a lawsuit challenging the Department of Health’s authority to enforce a state-wide indoor smoke-free law that applies to public places including bars, nightclubs and restaurants. Read more about the Hawaii Bar Owners Association unsuccessful challenge to Hawaii's smoke-free legislation.
April 11, 2007
Maryland Legislators Approve Statewide Smoking Law
On April 7, Maryland legislators approved a statewide smoke-free bill that prohibits smoking in all indoor public areas, including private clubs. Read more about Maryland’s smoke-free bill.
April 10, 2007
Two Major Cities in China Go Smoke-Free
Two of China’s largest cities, Guangzhou and Jiangmen, are enforcing smoke-free laws in public places in response to an initiative by China's National Center for Disease Control and Prevention. Read more here about the "No-Smoking China" initiative and smoke-free measures in Guangdong Province.
April 5, 2007
Research Shows California's Tobacco Control Program is Beneficial
Three research papers published in the April issue of Tobacco Control found that California smokers reduced their cigarette consumption and increased smoking cessation attempts during the first twelve years of the California Tobacco Control Program. Read more about the smoking cessation research conducted at Moore's Cancer Center at the University of California
April 4, 2007
Anchorage Voters Uphold Smoke-Free Law
On Tuesday, April 3, over two-thirds of Anchorage voters chose to uphold a law creating smoke-free bars, bingo halls and other public places. Read more about Anchorage's smoke-free law, which goes into effect July 1, here.
April 3, 2007
Wales Goes Smoke-Free
Wales joined the ranks of Scotland, Ireland, and England by passing a smoke-free law that makes all indoor public places smoke-free. Read more about Wales' smoke-free law, which went into effect on April 2, here.
April 2, 2007
Cayman Islands Considering One of the World's Most Comprehensive Smoke-Free Laws
The Cayman Islands is considering adopting one of the world's most comprehensive smoke-free laws. The proposed legislation is based on World Health Organization standards and makes almost all public places, including beaches, smoke-free. Read more about the proposed Cayman Islands laws.
March 29, 2007
Minnesota Senate Passes Statewide Smoke-free Bill
On Monday, March 26, the Minnesota Senate passed the first statewide smoke-free workplace bill. The legislation, designed to protect all Minnesota workers from secondhand smoke, prohibits smoking in all public workplaces, including bars and restaurants. Read more about Minnesota's new smoke-free workplace legislation.
March 28, 2007
New Delhi First to Prohibit Smoking at the Wheel
On March 26, New Delhi's High Court declared it illegal to smoke while driving. The measure is thought to be the first of its kind in the world and is intended to reduce the risk of driving in the city. Read more about the ruling.
March 27, 2007
Kentucky Approves Fire Safe Cigarettes
On March 27, Kentucky lawmakers gathered at the state capitol to celebrate the signing of a bill that requires all cigarettes sold in Kentucky to be self-extinguishing. The law, which is intended to reduce the number of people injured or killed when unattended cigarettes start fires, will go into effect next year. Read more about the law.
March 26, 2007
Lead DOJ Prosecutor Alleges Improper Interference from Bush Administration
Sharon Eubanks, lead prosecutor in the massive federal racketeering case against big tobacco (U.S. v. Philip Morris), claims she received significant pressure from the Bush administration to go easy on the tobacco companies, once it became clear that the Department of Justice had the evidence necessary to prevail in the lawsuit. In particular, she claims that top officials at the DOJ demanded that she lower the government’s request for tobacco-industry funding for a national cessation program from $130 billion to $10 billion . Read the transcript of her comments.
March 22, 2007
Washington Bar Owner Sues Over Smoking Law
A sportsbar owner in Olympia, WA filed a $1.5 million claim against Thurston County officials who sought an injunction against him for failure to comply with the state-wide smoking law. He claims that his civil-rights were violated by the injunction. Read more about the Washington bar owner's case.
March 21, 2007
Tobacco State Considers Going Smoke-Free
The North Carolina legislature is considering a smoke-free bill that will make almost all public indoor spaces smoke-free beginning January 1, 2008. A House committee passed the bill with a nine to four vote and now the full House will hear it. To read the draft legislation, click here.
March 20, 2007
Iowa's Cigarette Tax Effective Immediately
On March 16, Iowa Governor Chet Culver signed a $1 per pack cigarette tax increase into law, raising the state’s cigarette tax to $1.36. The increase went into effect immediately. To read more, click here.
March 16, 2007
U.S. DOJ Ruling Applies to Tobacco Industry Deceit Internationally
On March 16, U.S. District Judge Gladys Kessler ruled that the remedies in her August 17, 2006 Order in the massive federal racketeering case (U.S. v. Philip Morris) apply to misleading and deceptive tobacco industry practices outside, as well as within, the United States. To read the decision, click here.
March 15, 2007
New Mexico Governor Signs Clean Indoor Air Act
On Tuesday, March 14, New Mexico Governor Bill Richardson signed into law the Dee Johnson Indoor Air Act, which prohibits smoking in almost all indoor workplaces and entrances in New Mexico. To read more about the law, click here.
March 13, 2007
Delaware Court Dismisses Foreign Government Tobacco Suit
On February 23, the Delaware Supreme Court upheld the dismissal of a lawsuit brought by the country of Panama and the Brazilian state of Sao Paulo, which were seeking to recover the costs of medical treatments for injured smokers. The Court held that the tobacco companies did not owe a direct legal duty to foreign governments when citizens of those governments who bought tobacco products later became injured as a result of using those products. To read the Court's decision, click here.
March 7, 2007
Connecticut Considers Raising the Legal Smoking Age
The Connecticut Legislature is considering a bill to raise the legal age to purchase tobacco from 18 to 21, giving Connecticut the oldest minimum age requirement for tobacco purchases in the nation.For more information, click here.
March 6, 2007
Eugene, Oregon Tightens Outdoor Smoking Law
On January 1, a Eugene City Council ordinance went into effect that restricts outdoor smoking areas by requiring that 75 percent or more of smoking enclosures be open to outdoor air, and prohibiting outdoor smoking within 10 feet of doorways. To read more, click here.
March 5, 2007
Puerto Rico's Smoking Ordinance Goes Into Effect
On March 1, Puerto Rico enacted the Caribbean's most comprehensive smoking ordinance, which prohibits smoking in enclosed public spaces and private cars where children under 13 years of age are passengers. To read more, click here.
February 21, 2007
U.S. Supreme Court Strikes Down Damages Award
The U.S. Supreme Court reversed a lower court’s award of almost $80 million to the estate of a man who smoked Philip Morris’s Marlboro brand cigarettes for decades. The Court held that the award improperly punished the tobacco company not only for the harm it caused the sole plaintiff, but also for the harm it caused the general public. To read the opinion, click here.
February 14, 2007
Canadian Supreme Court to Hear Tobacco Advertising Case
The Canadian Supreme Court will hear arguments February 19th on the legitimacy of a 1997 federal law to regulate tobacco advertising and prohibit all tobacco sponsorships. To read more about the legislation, click here.
February 13, 2007
Business Grows After Lexington Smoke-Free Ordinance is Implemented
A University of Kentucky study of bar and restaurant employment trends around Lexington, Kentucky, shows a three percent increase in hiring in the 14 months following the implementation of a smoke-free law. To read more about the study, click here.
February 7, 2007
Lorillard “Cigarette Giveaway” Case to Proceed
A Massachusetts judge rejected Lorillard Tobacco Company’s motion to dismiss a lawsuit that charges the company with inducing minority children to smoke by illegally giving them free sample packs of Newport cigarettes. To read more about the case, click here.
February 5, 2007
Equal Protection for the People of Connecticut
On February 5, 2007, the Connecticut Supreme Court upheld the state's 2003 smoke-free law against a claim that the law violated the equal protection rights of a group of bar and restaurant owners because it exempted private clubs and casinos. To read the decision click here.
February 1, 2007
Colorado Judge Exempts “Cigar Bar” That Sells No Cigars
A Colorado District Court judge ruled Tuesday that patrons can continue to smoke in a Durango bar that does not have cigars or humidors, but still qualifies for a “tobacco-cigar bar” exemption under the state’s Clean Indoor Air Act. For more information click here.
January 30, 2007
Charleston, South Carolina Goes Smoke-free in the Workplace
Tuesday, January 23rd, the Charleston, South Carolina City Council and Mayor voted to ban smoking in all workplaces and public places, including restaurants and bars. For the local business community's reaction click here.
January 25, 2007
Bangor, Maine Drivers Go Smoke-Free
This week Bangor, Maine enacted an ordinance that prohibits smoking in vehicles when anyone under the age of 18 is present. For more information, click here.
January 4, 2007
Pennsylvania’s Allegheny County Smoke-free Ordinance Upheld but Delayed
Allegheny County Court of Common Pleas Judge Michael Della Vecchia issued an order upholding Allegheny County’s smoke-free ordinance, but delayed implementation for restaurants and bars until April 30, 2007 to give the state legislature time to enact new legislation clarifying whether or not local governments are preempted from regulating indoor tobacco smoking. For more information on this ruling, click here.