Editorial: Prohibit patio smoking
Dec. 7, 2004. 01:00 AM
The intent of the city anti-smoking bylaw is twofold — to provide a smoke-free environment in enclosed public places for everyone's benefit, and to discourage smoking by eliminating places where people can smoke.
While it may be true that few non-smokers would choose to frequent an enclosed outdoor patio in winter, there may be some hearty souls who would enjoy a coffee in the frosty air.
And that should be reason enough for the city to enforce the smoking ban in enclosed outdoor patios attached to restaurants and bars, as it intends to do.
But there is another reason. Any bar or restaurant owner who would be willing to enclose an outdoor patio would do it for one reason only: to create a more hospitable environment for smokers, who now have to brave the cold and mean street. In other words, to make it easier for their customers to smoke.
But that would defeat the secondary rationale of the bylaw, which is to make it more difficult for people to smoke. If society wants to discourage smoking, as all the medical evidence suggests it should, it cannot make an exception just because winter is here.
Applying and enforcing the bylaw in enclosed outdoor bar and restaurant patios makes just as much sense as banning smoking indoors.
Puffing in prison,Cons roll their own 'tobacco'
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1102373417772&call_page=TS_
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By FRANK LANDRY, LEGISLATURE REPORTER Wed, December 8, 2004
Forget about du Maurier and Players -- convicts are now smoking Earl Grey and orange pekoe. The Winnipeg Sun has learned inmates in Manitoba's provincial jails are getting around a year-old smoking ban by making "tobacco" from nicotine chewing pieces and used tea leaves.
'ALL VERY COMMON'
"It's all very common," said Pat Joyce, a spokesman for the Manitoba Government Employees Union, which represents more than 900 corrections officers. "We expected that would be part of the regimen when the smoking ban was brought in."
Smoking and cigarettes were banned last November from provincial jails, which include Headingley Correctional Centre and the Remand Centre in Winnipeg. The ban does not apply to federal prisons, such as Stony Mountain Institution.
Speaking on the condition of anonymity, a corrections worker confirmed some inmates are making their own smokes.
The creative puffers are taking nicotine chewing pieces purchased in jail canteens and placing them in hot water to remove the nicotine. The liquid is mixed with tea leaves.
Rolling papers are fashioned from pages ripped out of Bibles.
Lighters are made using two AA batteries, some tin foil and staples, the source said, noting the recipe was outlined in a recent e-mail circulated among staff. Puffers are going virtually undetected by blowing smoke into vents inside jail cells, he said.
"The boys are fairly creative once they set their minds to it," said the source. "It's almost phenomenal to see what they've done."
Paul Peterson, director of operations in the corrections division of Manitoba Justice, said he hasn't come across any evidence inmates are making cigarettes but confirmed an alert was sent to staff that this could be going on.
"I don't know if it's true or not," Peterson said. "It may be one of these modern urban myths."
Tory justice critic Gerald Hawranik said the NDP government is cracking down on puffers who light up in restaurants but is letting inmates get away with smoking indoors.
"The province is coming down harder on restaurants than it is on prisoners," he said.
Justice Minister Gord Mackintosh said smoking scofflaws will not be tolerated in jails. "The department has been directed to ensure there are enforcement mechanisms in place and follow up on any allegations that are made about breaches," he said.
Peterson said inmates caught with contraband -- including smokes -- can be given written warnings and lose privileges.
http://www.canoe.ca/NewsStand/WinnipegSun/News/2004/12/08/772626.html
How inmates are making cigarettes -MB
By FRANK LANDRY, LEGISLATURE REPORTER Wed, December 8, 2004
- Three nicotine chewing pieces are placed in hot water. The nicotine eventually rises to the top, appearing as a yellow-brown layer. - The liquid nicotine is mixed with tea leaves, which have already been boiled to remove flavour.
- The "tobacco" is dried for between eight and 10 hours.
- Pages from Bibles are formed into rolling papers. Glue from envelopes is used to hold the "cigarettes" in place. Bibles are ideal because the pages are thin and burn evenly.
- "Lighters" are made using two AA-batteries, tin foil and staples.
http://www.canoe.ca/NewsStand/WinnipegSun/News/2004/12/08/772627.html
Southwestern Ontario
The Southwestern Ontario region was also found to differ significantly from the province as a whole on some key health indicators:
- Less folic acid supplementation prior to pregnancy – only 40% of women took folic acid before their last pregnancy (essential for the healthy development of a baby’s spine, brain and skull during the early weeks of pregnancy) compared to 52% in Ontario.
- Greater exposure to second-hand smoke – 28% reported being exposed to environmental tobacco smoke most days as compared to 25% in Ontario.
- More unmet health care needs – 14% had an unmet health care need compared to 12% in Ontario.
Dr. Iris Gutmanis, Director, of the Southwest Region Health Information Partnership, says, “Although similar to recently released national reports, this report is unique in that it provides us with a picture of health and lifestyle behaviours of the residents of Southwestern Ontario. Information in this report will be of great assistance in future program planning and evaluation.”
The Executive Summary and full report (.pdf version) can be found at: www.srhip.on.ca
*smoking ban in effect for 3 years now
http://www.publichealthgreybruce.on.ca/HOME/NewsEvents/2004/2004Aug31-HealthBehavioursReport.htm
Researchers eye good bacteria -ON
Friday, May 3, 2002
A London centre for probiotics probes a tie to infections causing premature births.
By DAVID DAUPHINEE, Free Press Health Reporter - London Free Press
The bad boy of Western culture may hold a key to one of the more intractable problems in medicine -- a high rate of premature births and the illness and death that often follow.
Enter one bacterium with a 3.5-billion-year-old family tree. And wearing a white hat.
"What we have tended to do as a society is say all bacteria are bad and that's not the case," Dr. Gregor Reid, director of London's new Canadian Research and Development Centre for Probiotics, said yesterday.
"All of us have more bacteria in us than human cells and if it wasn't for these bacteria, we wouldn't be alive."
London doctors and scientists are eager to explore whether so-called good bacteria can prevent infections responsible for up to 70 per cent of premature births in some groups of women.
The Canadian rate of premature birth is about seven per cent, a level that for 30 years has withstood nearly everything science has thrown at it.
Financially, pre-term labour comes at a health-care cost of $400 million a year. More important is the human toll -- it is among the leading causes of newborn death and illness.
By contrast, care and survival of preemies has improved dramatically in recent years, says Dr. Alan Bocking, chair of the University of Western Ontario's department of obstetrics and gynecology.
What's known is a vaginal infection can trigger hormones responsible for the onset of labour.
Scientists hope to show that by restoring a healthy environment of bacteria in the vagina, many infections can be averted or stopped.
The potential benefit is enormous -- vaginosis alone plagues a million Canadian women a year, many of whom never know they have the infection and that it may affect a pregnancy.
London's proposed study into premature births emerged yesterday as the city's new centre was unveiled before 200 international scientists, with an outpouring of optimism for their unorthodox field of study.
An invitation-only gathering of 70 world scientists in coming days will form a new international probiotics group.
Seminar participants yesterday painted a broad spectrum of potential benefits from probiotics, with the new London centre among world leaders.
London-North-Centre MPP Dianne Cunningham, Ontario minister of training colleges and universities, arrived yesterday with a cheque for $1.8 million -- the first recognition of probiotics by any level of Canadian government.
http://www.crdc-probiotics.ca/
*how many times have we heard that smoking causes pre mature babies?
Cigs $600 a pack in jails-AB
LORI COOLICAN, EDMONTON SUN
The value of contraband tobacco and cigarettes inside provincial jails and remand centres has skyrocketed to as much as $600 a pack since smoking was banned in the institutions about two months ago. "The experience has shown in other jurisdictions basically the same things that we're starting to hear here in terms of a black market being created for cigarettes and prices going up," said Brad Odsen of the John Howard Society of Alberta.
"We know they went up tenfold and more in other jurisdictions and there's no reason to believe that wouldn't be the case here."
Guards' union rep Mike Rennich said a pack of cigarettes was already worth about $60 in the underground barter system at Edmonton's remand centre and provincial jail before the ban took effect.
If the price rose in keeping with jails in other provinces, that's $600 for a pack of smokes that would cost about $11 on the outside.
"I can believe that," Rennich said, adding a cigarette is now worth more than a marijuana joint to some inmates.
Guards are still finding cigarettes and they've noticed some of the men are improvising by smoking dried tea leaves, he said. Wires and paper clips are inserted into electrical outlets to get a spark, since lighters are banned.
While they aren't traded for big wads of cash, a "deck" of factory-made smokes or a pouch of loose tobacco is the most valuable form of currency behind the walls these days, Rennich said.
"They're used for payment on debts. They have poker games, so if a guy loses $2,000 and he's got 10 packs of smokes, he can probably write off the $2,000 by giving them up."
Along with any barter system "you've got a whole other realm of suppliers and consumers and debt and debt collection," Odsen said. "There are going to be some fairly serious concerns arising out of this."
One of those concerns is inmate safety, Rennich said.
"Anybody that has tobacco, you'd better be capable of keeping it. It's a violent place and the big dog rules. If he don't get them, he'll take them from you."
The good news is that violence has not increased substantially in the two months since the ban took effect, Rennich said.
"It's been really successful, and I give credit to the (Solicitor General's) department for implementing it over a six-month period and getting everyone prepared."
The Correctional Service of Canada is also considering a smoking ban in federal pens.
http://www.canoe.ca/NewsStand/EdmontonSun/News/2004/12/08/772703.html
Selling cigs gets more dangerous STORE ROBBERIES JUMP 25%
By JONATHAN JENKINS, TORONTO SUN
Wed, December 8, 2004
PITY THE poor convenience store owner addicted to the cigarette trade -- every sale brings his customer closer to death, while rising taxes choke off the trade and drive criminals to rob him. A new study sponsored by the Ontario Convenience Stores Association has found break-ins and robberies have risen in lock-step with cigarette taxes, wrecking businesses and putting lives at risk.
"If this was happening at government liquor stores, they'd be putting armed guards in," said Dave Bryans, the association's executive director.
Break-ins at convenience stores have soared 127% since 2001-2002, the association has found. Robberies are up in the same period by more than 25%.
TAX HIKE BLAMED
While the study also found just over half of all robberies and break-ins involved cigarettes, the association is certain the rising tax-take on smokes is behind most of the increase.
Bryans said the association is calling for a freeze on further tax hikes and an end to a proposal that cigarettes be hidden from view, which would pose a security risk.
STORES 'LESS SECURE'
"Even a few seconds distraction can provide an opening for criminals to strike," association president Howard McIntyre said.
"The government's proposal would simultaneously make convenience stores less secure and more profitable for criminals."
Cigarette sales account for 40% to 60% of all sales in convenience stores, and without them, a difficult business would become all but impossible, Bryans said.
"We're as addicted to selling cigarettes as the smokers are to buying them, and as the governments are to taxing them," Bryans said.
http://www.canoe.ca/NewsStand/TorontoSun/News/2004/12/08/772854.html
Pollution jumps in Canada: report
Last Updated Wed, 08 Dec 2004 14:18:26 EST
OTTAWA - Canada has more pollution than it had 10 years ago and neither industry nor government is doing much to reverse the trend, says a report released on Wednesday.
About 4.19 billion kilograms of pollutants – including some that can cause cancer, asthma and other health problems – were released into the country's air, land or water in 2002, says Shattering the Myth of Pollution Progress in Canada: A National Report.
Overall emissions of chemicals that were tracked continuously from 1995 to 2002 jumped by 49 per cent to 296 million kilograms, the report says.
In the Toronto area, emissions rose by 167 per cent.
The report, co-authored by Environmental Defence Canada and the Canadian Environmental Law Association, condemns both government and industry for not doing enough to reduce pollution.
It says Canada lags behind other industrialized countries in tackling the problem.
"The increase shows that there's a lot more work to be done here in Canada in terms of really reducing pollution," Jennifer Foulds, a spokesperson for Environmental Defence, told CBC News Online.
"We haven't really seen real progress."
Most of the 2002 pollution – 3.87 billion kilograms of chemicals, including some that make people sick and contribute to smog and acid rain – went into the air.
Ontario had the most overall pollution of all the provinces in 2002 and includes the country's dirtiest industry, Inco's nickel smelter in Copper Cliff, near Sudbury.
Although the average emissions per source decreased slightly in 2002, the national total went up because there were thousands more sources of pollution than eight years earlier.
The report is based on information from 1995 to 2002 submitted by industry to the National Pollutant Release Inventory, a federal database that tracks emissions across Canada.
In 2002, the most recent year for which numbers are available, the database monitored emissions of 274 chemicals, including carbon monoxide and sulphur dioxide from 4,652 facilities.
http://www.cbc.ca/story/canada/national/2004/12/08/pollution_report_041208.html
December 8, 2004
Industry's 'Dirty Air' Secret Exposed
New air pollution data analyzed for the first time; national trends show pollution getting worse
Ottawa, Ontario - Canadian industries spewed out close to 4 billion kilograms (3,868,307,111) of harmful air pollutants that damage human health and cause smog and acid rain, says a new national report released today by Environmental Defence and the Canadian Environmental Law Association.
For the first time, the report reveals the companies that are sending up unacceptably large amounts of air pollutants, known as criteria air contaminants, such as particulate matter (linked to asthma, bronchitis and heart disease) and sulphur dioxide (a leading cause of acid rain).
The national report, Shattering the Myth of Pollution Progress in Canada, found that 96% of reported air pollution in 2002 was made up of pollutants associated with respiratory illnesses. The analysis, completed using the newly-updated www.PollutionWatch.org, is based on pollution data submitted by industry to Environment Canada for its national pollution reporting program - the National Pollutant Release Inventory (NPRI). The 2002 data are the most recently available for Canada. PollutionWatch.org is an interactive web site that tracks pollution across Canada.
"These numbers leave me breathless," said Paul Muldoon, Executive Director, Canadian Environmental Law Association. "We have enough studies linking poor air to asthmatic conditions and other respiratory illnesses that Canadians should see these numbers as warning signals telling us that the efforts to date do not go far enough to curb pollution. An aggressive plan to plug the source of pollution will benefit Canadians' health, environment and economy."
Shattering the Myth of Pollution Progress in Canada lists the Top 10 facilities emitting PM 2.5, the size of particulate matter of most concern for human health. This is the first time that Canadians can see the top facilities that are producing these harmful pollutants.
Top 10 Facilities in Canada Releasing PM 2.5 to the Air in 2002 (as reported to NPRI)
| Rank |
Facility |
Company |
Total Amount (kg) |
Province |
| 1 |
Boundary Dam Power Station |
SaskPower |
2,717,723 |
SK |
| 2 |
Copper Cliff Smelter Complex |
Inco Limited |
2,545,840 |
ON |
| 3 |
Nanticoke Generating Station |
Ontario Power Generation |
2,224,400 |
ON |
| 4 |
Kimberly-Clark, Inc. |
Kimberly-Clark Corporation |
1,256,636 |
ON |
| 5 |
Holyrood Thermal Generating Station |
Newfoundland and Labrador Hydro |
1,194,000 |
NL |
| 6 |
Kamloops Pulp Division |
Weyerhaeuser Canada Limited |
1,188,415 |
BC |
| 7 |
Sundance Thermal Generating Plant |
TransAlta Corporation |
1,124,930 |
AB |
| 8 |
IMC Canada Ltd. (IMC Potash Belle Plaine) |
IMC Global Inc. |
1,067,400 |
SK |
| 9 |
IMC Potash - K2 Plant |
IMC Esterhazy Canada Limited Partnership |
873,600 |
SK |
| 10 |
Stelco Hamilton |
Stelco Inc. |
866,554 |
ON |
The report also ranks those facilities releasing pollutants declared toxic under the Canadian Environmental Protection Act, pollutants linked with cancer, and pollutants known to cause reproductive or developmental harm.
Using www.PollutionWatch.org, Shattering the Myth of Pollution Progress in Canada also found that pollution generally increased 49% between 1995 and 2002. Releases of pollutants to the air rose by 21%, while releases to water increased by 137%. The analysis is based on a core set of chemicals that industry reported to NPRI consistently over eight years.
"Despite an equally dramatic rise in anti-pollution rhetoric from governments and industry touting various pollution reduction measures, our air, land and water is being subjected to increasing amounts of contamination," said Dr. Rick Smith, Executive Director, Environmental Defence. "For the past several years, we've been inundated with so-called good news from industry and governments about lowering pollution. Our report clearly shows that the only thing getting better is industry and governments' ability to sugar-coat the truth on pollution reduction."
A recent report by the Paris-based Organization for Economic Cooperation and Development (OECD) called on Canada to do more to improve its environmental performance, including introducing 'polluter pays' laws and strengthening compliance and enforcement of environmental regulations. Similarly, the federal Environment Commissioner's latest annual report said Canada's reputation as an environmental leader is slipping.
Shattering the Myth of Pollution Progress in Canada recommends immediate action, led by the federal government, to significantly reduce pollution across Canada:
- virtual elimination of releases of carcinogens to the air and water by 2008;
- interim target of 50% reduction in releases of CEPA toxics to the air and water by 2008;
- interim target of 50% reduction in releases of respiratory toxins to the air by 2008;
- interim target of 50% reduction in releases of pollutants known to cause developmental and reproductive harm to the air and water by 2008.
"This report arrives just in time for the holiday season. Instead of a brighter, cleaner future, Canada's children didn't even get a lump of coal - they got the emissions," Smith said.
Shattering the Myth of Pollution Progress in Canada is available to download for free from the PollutionWatch web site - www.PollutionWatch.org.
About PollutionWatch (www.PollutionWatch.org) is a collaborative project of Environmental Defence and the Canadian Environmental Law Association. The web site tracks pollution across Canada based on data collected by Environment Canada through the National Pollutant Release Inventory (NPRI). NPRI does not include pollution data from all chemicals or sources. Visitors to the PollutionWatch web site can identify polluters in their home towns by searching by postal code, access "quick lists" of the largest polluters in the country, get pollution trends from 1995-2002, or create their own ranked lists of polluters by province, industrial sector, or corporation.
-30-
For more information, or to arrange an interview, please contact:
Jennifer Foulds, Environmental Defence, (416) 323-9521 ext. 232; (647) 280-9521 (cell)
Fe de Leon, Canadian Environmental Law Association, (416) 998-0997 (cell)
http://www.environmentaldefence.ca/pressroom/releases/20041208.htm
Respiratory symptoms in relation to residential coal burning and environmental
tobacco smoke among early adolescents in Wuhan, China: a cross-sectional study
Päivi M. Salo 1, Jiang Xia 2, C. Anderson Johnson 3,Yan Li 4, Grace E. Kissling 5, Edward L.
Avol 6, Chunhong Liu 2, Stephanie J. London * 1
1 Epidemiology Branch, National Institute of Environmental Health Sciences, National Institutes
of Health, MD A3-05, PO Box 12233, Research Triangle Park, NC 27709, USA
2 Wuhan Public Health and Anti-Epidemic Station, No. 24 N. Jianghan Road, Wuhan,
Hubei 430022, China
3 Institute for Health Promotion & Disease Prevention Research, USC Keck School of Medicine,
1000 South Fremont Ave., Unit 8, Alhambra, CA 91803, USA
4 Wuhan Health Bureau, 2 YiYuan Road,Wuhan, Hubei 430014, China
5 Biostatistics Branch, National Institute of Environmental Health Sciences, National Institutes
of Health, MD A3-03, PO Box 12233, Research Triangle Park, NC 27709, USA
6 Department of Occupational & Environmental Health, USC Keck School of Medicine, CHP
236, 1540 Alcazar St., Los Angeles, CA 90089, USA
* Corresponding author
E-mail: Päivi M. Salo salo1@niehs.nih.gov, Jiang Xia xiajiang@public.wh.hb.cn, C. Anderson Johnson carljohn@hsc.usc.ed
Yan Li yanli@public.wh.hb.cn, Grace E. Kissling kissling@niehs.nih.gov, Edward L. Avol avol@hsc.usc.edu
Chunhong Liu liups@public.wh.hb.cn, Stephanie J. London london2@niehs.nih.gov
2 Abstract
Background: Cigarette smoking and coal burning are the primary sources of indoor air pollution
in Chinese households. However, effects of these exposures on Chinese children’s respiratory
health are not well characterized.
Methods: Seventh grade students (N=5051) from 22 randomly selected schools in the greater
metropolitan area of Wuhan, China, completed an in-class self-administered questionnaire on
their respiratory health and home environment.
Results: Coal burning for cooking and/or heating increased odds of wheezing with colds [odds
ratio (OR) =1.57, 95% confidence interval (CI): 1.07-2.29] and without colds (OR=1.44, 95%
CI: 1.05-1.97). For smoking in the home, the strongest associations were seen for cough
(OR=1.74, 95% CI: 1.17-2.60) and phlegm production (OR=2.25, 95% CI: 1.36-3.72) without
colds among children who lived with two or more smokers.
Conclusions: Chinese children living with smokers or in coal-burning homes are at increased
risk for respiratory impairment. While economic development in China may decrease coal
burning by providing cleaner fuels for household energy use, the increasing prevalence of
cigarette smoking is a growing public health concern due to its effects on children. Adverse
effects of tobacco smoke exposure were seen despite the low rates of maternal smoking (3.6%)
in this population.
http://www.ehjournal.net/content/pdf/1476-069X-3-14.pdf
Reexamining the effects of gestational age, fetal growth, and maternal smoking on neonatal mortality
Cande V. Ananth and Robert W. Platt
BMC Pregnancy and Childbirth 2004, 4:22 doi:10.1186/1471-2393-4-22
Published 1 December 2004
Abstract (provisional)
Background
Low birthweight (<2,500g) is a strong predictor of infant mortality. Yet low birthweight, in isolation, is uninformative since it is comprised of two intertwined components: preterm delivery and reduced fetal growth. Through nonparametric logistic regression models, we examine the effects of gestational age, fetal growth, and maternal smoking on neonatal mortality.
Methods
We derived data on over ten million singleton live births delivered at [greater than or equal to]24 weeks from the 1998-2000 U.S. natality data files. Nonparametric multivariable logistic regression based on generalized additive models was used to examine neonatal mortality (deaths within the first 28 days) in relation to fetal growth (gestational age-specific standardized birthweight), gestational age, and number of cigarettes smoked per day. All analyses were further adjusted for the confounding effects due to maternal age and gravidity.
Results
The relationship between standardized birthweight and neonatal mortality is nonlinear; mortality is high at low z-score birthweights, drops precipitously with increasing z-score birthweights, and begins to flatten for heavier infants. Gestational age is also strongly associated with mortality, with patterns similar to those of z-score birthweight. Although the direct effect of smoking on neonatal mortality is weak, its effects (on mortality) appear to be largely mediated through reduced fetal growth and, to a lesser extent, through shortened gestation. In fact, the association between smoking and reduced fetal growth gets stronger as pregnancies approach term.
Conclusions
Our study provides important insights regarding the combined effects of fetal growth, gestational age, and smoking on neonatal mortality. The findings suggest that the effect of smoking on neonatal mortality is largely mediated through reduced fetal growth.
http://www.biomedcentral.com/1471-2393/4/22/abstract
Smoking is "bad for the brain"
Wed Dec 8, 2004 07:14 PM GMT
LONDON (Reuters) - Smoking not only damages health, it is bad for the brain too, according to a Scottish study spanning nearly 60 years.
Professor Lawrence Whalley and his team looked at how the cognitive abilities of 465 people, half of them smokers, changed over their lifetime.
They were first tested in 1947, at 11 years old and examined again between 2000 and 2002 when they were 64.
Smokers performed significantly worse in five different cognitive tests than did both former smokers and those who had never smoked.
When social and health behaviour was taken into account -- factors like education, occupation and alcohol consumption -- smoking still appeared to contribute to a drop in cognitive function of just less than 1 percent.
The link between cognitive ageing and impaired lung functions could be that smoking subjects the vital organs, including the brain, to oxidative stress, suggests Whalley, of the Department of Mental Health at the University of Aberdeen.
The study he and colleagues at the University of Edinburgh produced appears in New Scientist magazine.
http://www.reuters.co.uk/newsArticle.jhtml?type=topNews&storyID=635494
Top court considers beef ad campaign case
By GINA HOLLAND, ASSOCIATED PRESS WRITER
Dec 8, 2004 8:24 PM
WASHINGTON (AP) - A food fight broke out at the Supreme Court on Wednesday, with justices considering whether the government can force farmers to pay for ad campaigns with catchy phrases like "Beef: It's what's for dinner" and billboards featuring milk mustaches on celebrities.
Farmers are challenging the multimillion-dollar beef promotion program, saying they shouldn't have to pay for ads they disagree with.
The eventual ruling could jeopardize more than 100 federal and state campaigns for other products - eggs, mangoes, popcorn and even alligators.
The programs are billed as a way to help farmers of all sizes with generic ads, but they have faired poorly in courts. Lower courts have already struck down the "Got Milk?" dairy promotion, advertisements calling pork "the other white meat," and the beef program.
Attorney Gregory Garre, representing cattlemen who support the beef campaign, told justices the whole industry has benefited from increased exports to other countries and consumer education.
"The part that's good can't save the whole thing," Justice Antonin Scalia said.
And Justice Anthony M. Kennedy said, "There is something offensive" about forcing farmers to pay for ads they do not support.
Still, the court seemed divided on how to settle the case.
"Every time we pay general taxes we're supporting government speech we may not agree with," Scalia said.
Some justices also seemed concerned that a ruling against the government would hurt efforts to force cigarette makers to pay for ads warning about the dangers of smoking.
"The ultimate beneficiary of the advertising is the consumer," Bush administration lawyer Edwin Kneedler said, defending the beef campaign.
He said the government believes beef should be part of Americans' diets, and formed the program to help small farmers who could not mount a national campaign on their own.
Justice Ruth Bader Ginsburg and several other court members appeared skeptical of claims the beef program was government speech, giving the cattle farmers no right to challenge it. She said government public health experts would not encourage people to eat lots of red meat.
Beef producers are required to pay a $1 per-head fee on cattle sold in the United States, which generates more than $80 million a year for ads, research and educational programs on mad cow disease. Federal officials oversee how the money is spent.
Producers get back $5.67 for every dollar they contribute in increased prices because of the program, supporters contend.
However, Harvard Law School professor Laurence Tribe, representing farmers who oppose the program, said the money never makes it to the 850,000 individual cattle producers. Instead, he said, restaurants, grocery stores and slaughterhouses get the benefits.
Tribe said the ad campaign is intended to help, but "the road to hell is often paved with good intentions."
Among the complaints are that the ads do not specifically promote American beef, helping beef importers who do not have to contribute, and that generic promotions do little good for specialized farmers.
The government was sued by ranchers who sell cattle in South Dakota and Montana. They won an appeals court ruling that found the 20-year-old program violated the First Amendment.
The federal government and Nebraska cattlemen appealed to the high court, which has dealt before with questions about government authority to force farmers into joint programs.
In 1997, the court upheld advertising programs for California fruit. But in 2001, justices struck down a mandatory campaign for the mushroom industry.
The court has never decided, however, if such programs are government speech.
Many groups and 34 states are supporting the government. Justices were told that in California alone, 48 mandatory programs are used to promote produce like grapes and lettuce.
The cases are Veneman v. Livestock Marketing Association, 03-1164, and Nebraska Cattlemen v. Livestock Marketing Association, 03-1165.
http://newsobserver.com/24hour/business/story/1907223p-9851505c.html
Cigarette discounts cited in US racketeering trial
Source: Reuters 08 Dec 2004 23:50:59 GMT
WASHINGTON, Dec 8 (Reuters) - Cigarette makers have revved up price promotions in recent years, a strategy they know will lead to more underage smoking, an economist testifying in the U.S. government's racketeering trial against the industry said on Wednesday.
Frank Chaloupka, an economist at the University of Illinois, told a federal judge that spending on cigarette price promotions had soared in recent years, and that the industry has long known discounts are especially attractive to teenagers.
"Once defendants gained this knowledge, defendants have increasingly concentrated more and more of their growing marketing budgets on price-related marketing strategies," Chaloupka said in written testimony submitted to the court.
His testimony on behalf of the government is aimed at bolstering the government's charge that tobacco companies have continued marketing cigarettes to underage teens, even though they deny doing so.
During the testimony, a lawyer for the Justice Department showed U.S. District Judge Gladys Kessler examples of cigarette coupons, price displays, giveaways and other special offers.
"These types of promotions will in fact increase youth smoking," Chaloupka said.
Chaloupka cited statistics compiled by the Federal Trade Commission that show the six largest cigarette manufacturers spent more than $7.8 billion on price discounts to retailers and wholesalers in 2002.
Spending on the discounts and other promotional allowances now makes up the biggest portion of the industry's advertising and promotion budgets. Between 2001 and 2002 it more than doubled to $9.66 billion, according to figures compiled by the FTC.
Chaloupka will be questioned by tobacco industry lawyers on Thursday.
Cigarette makers have denied targeting underage teens and say price discounts reflect sharp competition in the industry. That competition has become especially fierce of late as the major tobacco companies have tried to defend their market from increasing number of discount cigarette makers.
Filed in 1999, the government suit targets Altria Group Inc. <MO.N> and its Philip Morris USA unit; Loews Corp.'s <LTR.N> Lorillard Tobacco unit, which has a tracking stock, Carolina Group <CG.N>; Vector Group Ltd.'s <VGR.N> Liggett Group; Reynolds American Inc.'s <RAI.N> R.J. Reynolds Tobacco unit and British American Tobacco Plc <BATS.L> unit British American Tobacco Investments Ltd.
The tobacco companies deny they conspired to promote smoking and say the government has no grounds to pursue them after they drastically changed marketing practices as part of the 1998 settlement with state attorneys general.
http://www.alertnet.org/thenews/newsdesk/N08379326.htm
Efforts are Underway to Increase the Cigarette Tax
December 8, 2004
If you're a smoker, this might be a reason to quit. One organization will try to increase the tax on cigarettes in Mississippi again this year.
Last year, "The Communities for a Clean Bill of Health" called for a 50-cent tax on every pack of cigarettes. This year they're asking for a dollar. The current tax is 18 cents.
Coalition members say raising that amount would discourage people from smoking and generate funds to offset the cost of treating people for smoke-related illnesses. One coalition member says Medicaid has paid millions of dollars to treat smoke-related illnesses.
If it passes, this will be the first time Mississippi has raised its tax on cigarettes since 1985.
http://www.wdam.com/Global/story.asp?S=2667621&nav=1Pw1TzAB
Skycity Queenstown Casino to Become Smokefree -AU
8 December 2004
AUSTRALIA – (PRESS RELEASE) -- Skycity Queenstown Casino said today that it is prepared for the introduction of smoke free legislation on 10 December 2004 and that a smooth transition is expected as the days count down to the enactment of the new law.
Under the Smokefree Environments Amendment Act 2003, from 10 December 2004, no smoking is permitted inside any workplace. Smoking will be restricted to open-air venues. Existing outdoor balconies located around the complex will become the complex's designated smoking areas under the new law.
Skycity Queenstown Casino General Manager, Paul Wilson, said that smokefree legislation has been inevitable for some time and that the venue was designed with this eventuality in mind.
"Skycity Queenstown Casino opened in December 2000 with a number of outdoor balconies," he said.
"This week, we will simply continue to phase out our internal smoking areas. When we open at midday on Thursday 9 December, we will already be smokefree so that come midnight, our staff and customers will be accustomed to any changes," he said.
Mr Wilson adds that staff have been trained and will be instrumental in assisting customers to understand the new legislation and how it affects them.
"Quite simply, under the new legislation, staff and customers will still be able to smoke if they choose to – they will just be limited to the designated outdoor smoking areas."
Although there are obvious benefits with the new smoke free legislation (including a healthier working environment for staff, cleaning and ventilation cost reductions) Mr Wilson says that Skycity is aware that there is likely to be a downside for the business, but adds that it is likely to be short lived.
The Skycity Group has estimated an approximate $10 million impact across its operations this financial year as a direct result of the new smoke free legislation. However as evidenced by overseas experience, this is expected to abate within 12 months.
As well as the designated smoking balconies, other changes at Skycity Queenstown Casino from 10 December will include the removal of cigarette vending machines as the new law requires stricter rules around the sale and promotion of cigarettes. From 10 December, cigarettes will be sold at Skycity behind the counter at Wild Thyme Bar.
Skycity has also progressively installed signage throughout the complex to direct customers to the nearest smoking area.
For staff, Skycity Queenstown Casino will continue to offer external locations in which to smoke, located within the building precinct. For those keen to give up the habit, Skycity has promoted the national smoking Quitline, offering advice and support as well as heavily discounted vouchers for the purchase of nicotine gum and patches for its staff.
Mr Wilson says Skycity saw the introduction of smoke free as an opportunity to contribute to the welfare of its staff by getting alongside the nation's leading treatment provider and putting in place a cost effective process for those willing to give up their smoking habit.
"Staff simply phone up the Quitline with proof of their employee details to receive two months supply of nicotine replacement for just $15, which would normally cost around $200," he said.
At Skycity Hamilton, existing outdoor smoking balconies will also be utilised under the new legislation and at Skycity Auckland, eight new outdoor smoking balconies have been constructed to become the new designated smoking areas.
http://www.casinocitytimes.com/news/article.cfm?contentID=147085
Fitch Outlook: US Tobacco Industry Entering a Pivotal Year
December 08, 2004 1
CHICAGO--(BUSINESS WIRE)--Dec. 8, 2004--The U.S. tobacco industry faces an uncertain future and at a minimum will likely encounter additional regulation in the near-to-intermediate timeframe, according to Fitch Ratings' 2005 industry outlook. The outlook is based on continued uncertainty regarding the resolution of pending litigation, including the Department of Justice (DoJ) case and the Engle and Price cases in Florida and Illinois, respectively. The best case scenario is that favorable rulings will occur in mid-2005, although appeals and settlement proceedings could delay ultimate resolution.
After surviving a tumultuous year in 2003, U.S. tobacco companies did not see any ratings changes in 2004. The competitive environment, while remaining intense, has allowed the major firms to return to some predictability not seen since 2002. Fitch's tobacco company and industry ratings already incorporate a moderate level of litigation, although material adverse monetary verdicts could result in Negative Rating Watches or downgrades. Conversely, favorable resolution of Engle, Price, and the DoJ case could result in upward rating revisions. If penalties are not monetary but restrict marketing and manufacturing of tobacco products, ratings would likely be affirmed.
Further complicating the industry's outlook, smoking bans continue to be implemented at state and local levels, making it challenging for consumers to find legal smoking venues. Nonetheless, overall cigarette consumption declines continue at low, single-digit levels, which are manageable.
Full discussion on each of the major tobacco lawsuits, as well as discussion on the potential break-up of Altria Group and the tobacco quota buyout can also be found in the report.
The full report 'US Tobacco Industry Report: All Eyes on Mid-2005,' is available on the Fitch Ratings web site at www.fitchratings.com.
prospects for tobacco
Franklin council rejects call to ban smoking in restaurants -WI
Business owners rejoice, but supporters of ban pledge to keep fighting
By ANNYSA JOHNSON Posted: Dec. 7, 2004
Franklin - The Franklin Common Council on Tuesday rejected a call by a citizens group for a ban on smoking in restaurants, saying it would infringe on the rights of property owners and hinder the city's ability to attract new businesses.
"The right to breathe clean air ends when you enter another's private property," Ald. Steve Olson told the standing-room-only crowd in the Franklin Public Library before moving to reject the ban.
The measure failed on a 4-2 vote with Aldermen Tim Solomon and James Bergmann opposed.
Restaurateurs applauded the decision. But members of the group Fresh Air for Franklin said they will re-group and may consider direct legislation to override the council's decision.
"Obviously, we are disappointed," said Regis Brost, a spokesman for the group that drafted the proposed ordinance.
"We will go back, re-educate, reach out and come back," he said. "At some point, there will be new faces on the Common Council."
Debbi Schaefer, who owns the Hideaway at 9643 S. 76th St., echoed the sentiments of the restaurant contingent.
"I'm happy beyond belief," said Schaefer, who estimates about 70% of her regular customers smoke. If that went through, I'd have probably gone under."
Tuesday's vote followed nearly three hours of debate between anti-smoking activists and restaurant owners, smokers and non-smokers.
It turned on issues of public health and free enterprise, individual rights and personal responsibility.
"Everyone has a right to breathe clean air," said Franklin Health Officer Bill Wucherer, who supported the measure. Wucherer cited a local survey that found that 63% of Franklin residents support a restaurant smoking ban.
Proponents cited numerous studies and statistics on the effects of second-hand smoke, pointing out that both the both the Environmental Protection Agency and U.S. Centers for Disease Control and Prevention have declared it a Class A carcinogen.
And they said government has an obligation to protect citizens from public health risks.
About "53,000 people a year die from second-hand smoke," said Lauren Schauer. "Even with ventilation, the carcinogens are still there."
But restaurant owners, particularly those along the city's borders, said they would lose business to neighboring communities if a ban passed.
Some questioned the validity of the research and findings on second-hand smoke, pointing to others that appear to refute those findings. They argued that smoking is legal.
Communities across the country are banning smoking in public places, from workplaces to entire cities.
Fresh Air for Franklin had asked the council to adopt an ordinance that would have banned smoking in establishments that derive 30% or more of their gross sales from food.
The group has collected 2,500 signatures in support of the ban, said Lori Hislop-Kaczmarek a cardiac nurse who is spearheading the effort.
Under Wisconsin law, if the petition is deemed sufficient - some ordinances don't quality - the common council must either adopt it or send it to a referendum. If a majority of the electorate supports the measure it becomes law.
Had it passed, Franklin would have become the second community in Milwaukee County to impose such a ban. Wauwatosa passed one last year that takes effect in 2006.
Franklin Mayor Fred Klimetz had tried to persuade the council to draft a resolution asking Milwaukee County and the Intergovernmental Cooperation Council to consider a countywide ban, saying it would make a larger dent in second-hand smoke exposure and avoid putting any one community's restaurants at a disadvantage. Solomon moved to advance that measure, but it died for lack of a second.
http://www.jsonline.com/news/metro/dec04/282158.asp
