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Friday, December 31, 2004
Apple Valley, Rosemount legislators discuss upcoming session -MN
By Erica Christoffer Sun Newspapers (Created 12/30/2004 3:48:11 PM)
A projected $700 million deficit, K-12 funding, a bonding bill and transportation are only a few of the issues the legislators from Apple Valley and Rosemount will address during the upcoming 2005 state legislative session.
The representation has changed slightly, however, since last year. Sen. Chris Gerlach, R, will begin his first session in the Senate representing District 37, which serves Apple Valley and Burnsville. Gerlach won a special election this past summer to fill the remaining two years of the term vacated by Dave Knutson.
Rep. Lloyd Cybart, R, now represents House District 37A, defeating Shelly Madore, DFL, to win his first term in office. The seat formerly belonged to Gerlach.
And long-time legislator Rep. Dennis Ozment, R, will begin his 11th term representing residents in Rosemount and Apple Valley House District 37B.
As the session gets underway Jan. 4, local legislators are also expected to discuss a statewide smoking ban, health care and environmental issues.
Sen. Chris Gerlach
Passing the Cedar Avenue Bus Rapid Transit is Gerlach’s top priority for his district. Last year, $10 million was dedicated for the project in the bonding bill that passed in the House but failed in the Senate.
“We’re getting short changed from MnDOT and the Met Council in the Dakota County area,” Gerlach said. “We’re only getting 34 cents on the dollar from our gas tax contributions as well.”
As far as light rail, Gerlach said it is too expensive and requires too many subsidies.
“It seems to be more about local economic development than it does moving people from point A to point B,” Gerlach said. “Bus lines seem to be about a fourth of the cost and they’re flexible in that you can change routes and you can change them to meet changing demographic patterns.”
Gerlach opposes a gas tax increase under the current distribution formula, which puts Dakota County as one of 11 counties that pays more than it receives.
“We need to equalize that out a little bit,” Gerlach said. “The money is not going to where it’s needed.”
Gerlach said he would not support a state-enacted smoking ban because he said the issue will take care of itself though the free market.
“More and more restaurants and establishments are going smoke free because they find that in the marketplace, their customers demand it,” Gerlach said. “We don’t have to have the government jump in on everything and dictate it. Let’s let it follow its natural course and you’ll find more and more smoke-free places over time.”
On health care, Gerlach said he expects legislation regarding federal conformity with the health savings accounts.
“We have to start here and that’s going to help kick-start the health savings account market,” he said.
Gerlach also foresees a proposal to reduce tax assessments on small businesses for health care by raising the cigarette tax. It will mean lower premium costs for employers and employees. However, Gerlach said he is undecided on the issue.
In terms of funding for K-12 education, Gerlach said he would support an increase.
“I don’t intend on raising taxes. I think there’s enough wiggle room left in the budget. It’s just a question of the decisions we have to make,’’ he said. “The goal is to achieve that inflationary increase.”
Gerlach said the budget for Health and Human Services is projected to increase by 20 percent. He said he hopes for less of an increase to cover costs in education as well as the projected deficit.
“You can’t take the compassion out of it,” Gerlach said. Health and Human Services needs to serve those who truly need the safety net, he said, as well as connecting people with their health care decisions and the costs and bring competition into the health care marketplace.
Gerlach called the projected deficit of $700 million “manageable.”
As for the bonding bill and the Minnesota Zoo’s request for exhibit expansion funds, Gerlach said he supports reviving the state institution.
“It’s time now for the Legislature to step up and fulfill their obligation and make sure that the zoo has what it needs to be successful,” Gerlach said. “I don’t know what the exact dollar amount will be, but I’ll be supportive of whatever the governor comes forth with.”
Last year the zoo requested $68 million from the state and Gov. Tim Pawlenty proposed a dedication of $34 million. However, because the bonding bill never passed, the zoo didn’t see any appropriation.
The thread that runs through all the various topics this year is “we have to get the job done,” Gerlach said. “I’m excited about it. I’m coming at this stuff from a whole different angle now.”
Sen. Chris Gerlach can be reached at 651-296-4120 or 952-432-4100 or by e-mail at sen.chris.gerlach@senate.mn.
Rep. Lloyd Cybart
While door knocking during his campaign this fall, Cybart said one of the most common comments he heard regarded the gridlock last year in the Legislature.
The freshman representative hopes to move issues forward in the House while representing his district during the 2005 session.
One issue he hopes to address is the bonding bill. Cybart said he supports the $34 million the governor had earmarked for the Minnesota Zoo’s exhibit expansion.
“I’m sure it will be along the same lines,” Cybart said.
As far as a smoking ban, Cybart said he supports local control rather than the state taking on the issue.
Health care is also going to be a huge issue this session, Cybart said, “with the runaway costs, something has to be done.”
Ideas he foresees being discussed are health savings accounts, tort reform and curbing state expenses, specifically in Health and Human Services and its anticipated 20 percent budget increase, he said. That increase will need to be dealt with to keep deficit spending down, Cybart said.
On the issue of a gas tax increase, Cybart said he would not support it under the current distribution formula.
“It’s a lop-sided formula, the rural areas get more than the suburban areas,” Cybart said. “If we raise the gas tax it’s still a disproportionate amount of the taxes coming back to Dakota County to fix our problems.”
Cybart’s top priority in transportation is the Bus Rapid Transit (BRT) line along Cedar Avenue as well as similar transit options along the Interstate 35W corridor in Burnsville to alleviate congestion and bottlenecks into the cities. Last year, $10 million was dedicated to BRT in the House’s bonding bill, funds Cybart hopes to secure this year.
In terms of K-12 education funding, Cybart said he supports increasing appropriations.
“I don’t think that can be held flat for another two years,” he said.
To deal with the projected $700 million deficit, Cybart said he supports a combination of using reserve funds and finding alternative ways of expanding the state’s tax base.
“For this coming budget, I don’t see us raising taxes to fix that,” Cybart said. “I don’t think it’s as dire a situation as some people make it out to be.”
“I’m excited to get started,” Cybart said. “The reason I wanted to do this is materializing before my eyes, and that’s to make a difference and to serve my fellow man.”
Rep. Lloyd Cybart can be reached at 651-296-5506 or 952-454-3175 or by e-mail at rep.lloyd.cybart@house.mn.
Rep. Dennis Ozment
As the chair of the Environment and Natural Resources Finance Committee last session, Ozment said he plans to continue his work on the state’s priorities in terms of funding in those areas this year.
Ozment will also work on the Impaired Waters Program, a federal mandate in which states have to identify pollutants within its bodies of water.
“We now have to start putting together a plan of action on how we’re going to deal with those impairments and clean up our water,” Ozment said. “And, if we do not do that, the federal government threatens to put sanctions on the state of Minnesota.”
Ozment said the entire state has an obligation to deal with the water quality issues. The program will need funding from the Legislature this year and Ozment said his committee is drafting a bill for the state to eliminate those pollution problems as cost efficiently as possible.
“As long as we’re making adequate progress, we’re doing OK,” Ozment said, however, the state does not have long-term funding sources for the program. “We know that if we don’t deal with it aggressively, the time is kind of running out. I think that it can be done.”
Rather then a smoking ban, Ozment supports improving indoor air quality levels through establishing standards for the air rather then going after specific causes.
“Then the owner of the property can decide as to how they’re going to improve the air in order to meet the standard,” he said. “I don’t think we should be picking out one pollutant and think that it somehow will resolve the air quality problem. Let’s measure the air quality and improvement regardless of what’s contaminating it.”
Ozment said that health care will be a major issue in 2005 and he will be eager to hear what proposals come out of the Health and Human Services Committee.
“I do know we have to get the cost of health care under control,” Ozment said. “It’s the biggest driver right now of what’s happening with our state budget. It’s eating up the money faster than the economy is actually growing.”
Ozment said he would support a gas tax increase only if there was a change in the distribution formula.
“Right now a gas tax increase would enrich the dollars that are going to rural Minnesota inappropriately and it would not help us in the metropolitan area at all,” he said. “The system is broken in my opinion.”
His transportation priorities focus on securing funds for the Cedar Avenue Bus Rapid Transit. The dedicated roads would improve mass transit and assist transportation needs in the south suburban area, he said.
By achieving rapid busing to the Mall of America, Ozment said that riders then could take advantage of the light rail system.
Ozment said he does support an increase in funding to K-12 education and would seek funds within the existing state dollars first.
“Education should be funded by the state of Minnesota and local [operating] levies should not be necessary,” Ozment said. “Our constitution says the state of Minnesota is supposed to be setting up a public education system that has equal opportunities all across the state.”
Ozment is championing the Minnesota Zoo’s request in the bonding bill, for the full amount of $68 million.
“I’m hopeful that we can get full funding for their needs so that we can get that state agency really living up to its full potential,” Ozment said. “It needs a significant upgrade to remain competitive.”
Rep. Dennis Ozment can be reached at 651-296-4306 or 651-423-1331 or by e-mail at rep.dennis.ozment@house.mn.
http://www.mnsun.com/story.asp?city=Apple_Valley&story=149839
* 4 MORE ARTICLES FOUND ON CANDIDATES USING "SMOKING" BY SUN PAPERS
http://www.mnsun.com/story.asp?city=Plymouth&story=150032
http://www.mnsun.com/story.asp?city=Burnsville&story=149878
http://www.mnsun.com/story.asp?city=Long_Lake&story=150079
http://www.mnsun.com/story.asp?city=Minnetonka&story=150008
Report on CPS to call for big changes-TX
12/30/2004 12:34 PM
By: Associated Press
SAN ANTONIO -- A legislative report soon to be released reportedly will call for "sweeping and systemic" changes in how the Texas Department of Family and Protective Services operates.
As chairman of the state House Human Services Committee, state Rep. Carlos Uresti, D-San Antonio, ordered the comprehensive investigation after a series of deaths of children under the supervision of Child Protective Services.
Uresti told WOAI Radio in San Antonio that among the sweeping changes will be in how caseworkers are trained. It also calls for dramatic funding increases for the Department of Family and Protective Services, higher pay for caseworkers and reduced caseloads for individual caseworkers.
The report could be released as soon as Thursday, Uresti said. Last month, he filed legislation calling for a $1-a-pack increase in the state cigarette tax to pay for CPS improvements, but even that won't be enough to meet the changes needed, Uresti said.
http://www.news8austin.com/content/headlines/?ArID=128035&SecID=2
Pub nights out will go up in smoke
PATRICK BROWN
FOR most of us, the festive season means one thing - a lot of parties. Be it the office annual bash or meeting up with friends for that once-a-year reunion, the evening usually ends up in the local pub where over a pint we solve the problems of the world and mark the passing of another year.
But this year may be the penultimate festive season when the evening down the local goes in the time-honoured Scottish fashion, because from spring 2006 the Scottish Executive has something else in mind - it wants to ban smoking in enclosed public spaces.
For better or worse, this will change the way we socialise in the 1000 pubs and clubs across Edinburgh. Indeed, earlier this month the Scottish Executive published its plans in the Smoking Bill which the Scottish Parliament is now consulting on.
In April of this year, a smoking ban came into effect in Ireland and already we have seen a major change in the way our Irish cousins have a night out. If you want to have a smoke then you can’t do that in the pub so you will head for the door and spend some time outside with a cigarette in one hand and a pint in the other, watching the world go by all from the comfort of the pavement.
If you are lucky then your local has a beer garden and you can nip outside to sit on a bench and hopefully have a patio heater to keep the cold at bay - who knows, you might even end up with singed eyebrows if your landlord has misjudged the heat level. There’s a new gag in Ireland that so many smokers now clutter up the pavements outside of the city’s pubs that if you want to have a breath of fresh air you have to go inside.
So does it really matter whether a smoking ban is introduced in Scotland? Well, for your local landlord it does. In the months that a smoking ban in Ireland has been in force a few worrying trends have emerged. The Irish Vintners Federation, which represents 6000 pubs across Ireland, has estimated that 4000 jobs have already been lost, with other studies showing that beer sales up until August have fallen by ten per cent across Ireland and by 14 per cent in Dublin.
SO what, I hear the average pub regular ask? Well the point is that for most pubs even a small drop in turnover can account for a big part of your profits - especially for those in cities where there is a lot of competition for trade - and a drop in those profits could be the difference between opening your doors or shutting up shop for good.
The pub regulars could find themselves without their local, never mind on the pavement, if the Scottish Executive gets its way and introduces a smoking ban in just 15 months.
The licensed trade in Scotland supports the Scottish Executive’s aim of introducing more smoke-free areas in Scotland but we don’t support a total smoking ban in 15 months. Neither, it seems, does the Scottish public, with just 13 per cent supporting a total smoking ban in pubs and clubs.
In our submission to the Scottish Executive’s Consultation on Smoking in Public Places, we put forward proposals which in three years would have resulted in 50 per cent of the total floor space in Scotland’s pub and clubs being non-smoking, would have banned smoking at the bar in all licensed premises and would have banned smoking in all areas where hot food was being served.
The industry didn’t underestimate the challenge it would face to implement these measures in licensed premises in Scotland. We proposed them as a means of taking forward the Scottish Executive’s objective of reducing smoking in licensed premises, giving our customers a choice of a non-smoking environment, whilst managing the economic and social impact of any change in licensed premises.
Unfortunately, the Scottish Executive has so far rejected our plan and look set to proceed with its proposal for a smoking ban in enclosed public places. If the situation in Ireland is repeated, we estimate that a smoking ban in Scotland will cost the beer and pub industry tens of millions of pounds and cost thousands of jobs, hitting traditional pubs in Scotland’s cities and rural areas hardest and tearing the heart out of communities across Scotland.
THE pubs and clubs along Edinburgh’s best-known streets in the city centre, like George Street, will be better positioned than most to meet the challenge, but Edinburgh also boasts unique community pubs based only a bus ride away from the city centre, and it is in those outlying areas where businesses will suffer most.
Since the Scottish Executive’s announcement in November of its smoking ban plans, the UK Secretary of State for Health, John Reid - ironically a Scottish MP - announced proposals for tackling smoking in pubs and clubs in England and Wales which stopped short of a total smoking ban. He got it right, the Scottish Executive hasn’t. The Scottish Beer and Pub Association supports the objective of introducing smoke-free areas, but we believe the Scottish Executive’s proposals are flawed, and have the potential to fundamentally damage Scotland’s hospitality industry, costing thousands of jobs and tens of millions of pounds.
We urge the Scottish Executive and the Scottish Parliament to think again before proceeding with the current proposals and to instead work with the industry to introduce the change we all want to see in a considered way.
If we fail in getting that extra time to take our customers with us towards smoke-free areas in pubs then next festive season will be the last Christmas without some member of the party having to nip outside at some point for a smoke.
Spending some time outside on the pavement will certainly add a new dimension to the traditional Edinburgh festive experience. Savour the traditional festive pub spirit this year, it could be one of your last.
• Patrick Browne is chief executive of the Scottish Beer and Pub Association
http://news.scotsman.com/opinion.cfm?id=1475432004
Pub cigs ban ends as profits dive -UK
A pub landlord who banned smoking in his hostelry because its effects were damaging his eyesight has relented - after his profits took a dive.
Dave Diamond, of the Blue Bell Inn at Old Ellerby in East Yorkshire lifted the ban after only six weeks.
Mr Diamond had been warned by doctors at Hull's eye hospital that cigarette smoke was exacerbating a medical problem with his left eye.
"My eye's no worse than before", he told BBC News.
Regulars
"The staff at the hospital said cigarette smoke wasn't helping with my problem."
Regulars at the pub were told they would have to go outside for a cigarette, but after a few weeks the pub's takings had dropped by a third.
Although most of his customers accepted the ban a couple of 'passing trade' clients had balked at the move.
"Ours is a pub where people come for pint. It would be different if we were a foody pub."
"It wasn't easy to start with, although those who wanted to smoke went outside.
"We did have a problem with one or two who were passing customers."
Although the publican started out with the best of intentions, the financial realities of a self-imposed ban forced a rethink.
"After six weeks we realised...our takings were down by a third", said Mr Diamond.
http://news.bbc.co.uk/2/hi/uk_news/england/humber/4134377.stm
New Web Site Pinpoints Harmful Chemicals in Communities
December 3, 2004
National Library of Medicine
Robert Mehnert
Kathy Cravedi
(301) 496-6308 publicinfo@nlm.nih.gov
(Bethesda, Md.)--The National Library of Medicine (NLM), a part of the National Institutes of Health, announces an interactive Web site that shows--on maps--the amount and location of certain toxic chemicals released into the environment in the United States. The site, called TOXMAP, is free and no registration is required. The Web address is (http://toxmap.nlm.nih.gov).
TOXMAP focuses on the geographic distribution of chemical releases, their relative amounts, and their trends over time. This release data comes from industrial facilities around the United States, as reported annually to the Environmental Protection Agency (EPA). TOXMAP also links to NLM's extensive collection of toxicology and environmental health references, as well as to a rich resource of data on hazardous chemical substances in its TOXNET databases (http://toxnet.nlm.nih.gov/). There are also fact sheets and summaries about the various chemicals, written by the Agency for Toxic Substances and Disease Registry.
For example, a family moving to a new city can locate facilities releasing toxic chemicals by entering the city's name and state, generating a map of facilities in that area. For each facility, information, including location and chemicals released, is provided. Information about the health effects of the specific chemicals identified is also provided.
Dr. Jack Snyder, NLM Associate Director for Specialized Information Services, said, "The National Library of Medicine has a special mission to address toxicology and environmental health needs. TOXMAP is part of this mission, and allows us to serve the public and professionals in a unique way. This Web site allows users to explore maps of what and where chemicals are released and by whom."
"In the last several years, the Library has created a number of Web sites with the consumer in mind," said NLM Director Dr. Donald A.B. Lindberg. "TOXMAP is a prime example. It joins Web resources for consumer health information broadly (MedlinePlus.gov), research studies (ClinicalTrials.gov), and older Americans (NIHSeniorHealth.gov)."
Located in Bethesda, Maryland, the National Library of Medicine, the world's largest library of the health sciences, is a component of the National Institutes of Health, Department of Health and Human Services.
http://www.nlm.nih.gov/news/press_releases/toxmap_pr04.html
Posted at 4:55 pm by looped_ca
Smokers' Helpline ready to kick butt
By DAHLIA LIWSZE, Sun MediaThu, December 30, 2004
Sometimes we need a kick in the butt -- literally. A recent study found nearly a third of Ontario smokers plan to make quitting their New Year's resolution. It's difficult, but not impossible.
"Just a few minutes of counselling ... or a little bit of support and assistance over the phone can improve someone's chances of quitting," said Paul McDonald, a professor of health studies at the University of Waterloo who helped start the Smokers' Helpline in 2000.
The helpline receives 8,000-9,000 calls a year from smokers and concerned family and friends in Ontario.
While half quit smoking on their first or second attempt, McDonald said those who fail should not be discouraged.
The Smokers' Helpline provides information, advice and support to help smokers quit and handle their cravings.
While she still has cravings, Debbie Chiniforoush, 43, plans to stay smoke-free. A smoker for 20 years, she hasn't lit up in 15 months.
"I noticed I was getting smoker's mouth, and that really bothered me a lot because I didn't want to look like a crocodile," she said from her Toronto home.
'NAGGED' BY SON
Another reason Chiniforoush quit was her 10-year-old son, who "nagged (her) to death," reminding her that smoking could kill her.
Realizing she needed support, Chiniforoush called the helpline. It and medication helped to make her third attempt at quitting successful.
McDonald said avoiding certain social situations can help to prevent a relapse.
He's optimistic about Ontario's new anti-smoking legislation. Research suggests restrictions increase motivation and the success rate for would-be quitters.
DRUGS, PATCH
While 18,900 Canadians died of lung cancer this year, the picture is not entirely grim. In 2003, 21% of Canadians aged 15 and up smoked, down from 2001.
There are many aids to help smokers quit -- pharmaceutical drugs, the patch, nicotine gum or natural herbal products like Butt Out (www.buttitout.com). * smoking rate still the same (quit rate of more the 6 months considered), with no "cessation aids".
"It basically comes from within," said Chiniforoush. "You have to want to do it. If you don't, then there's really no point."
http://www.canoe.ca/NewsStand/OttawaSun/News/2004/12/30/801457-sun.html
Washington, D.C. The MTF survey reported a 7 percent decline in past month use of any illicit drug among 8th-, 10th- and 12-graders combined. However, among 8th-graders, lifetime use of inhalants, such as glue, shoe polish or gasoline, jumped from 15.8 percent in 2003 to 17.3 percent in 2004. Experts called for greater education about the risks of inhalants.
“We are concerned about the increasing number of 8th-graders using inhalants. Research has found that even a single session of repeated inhalant abuse can disrupt heart rhythms and cause death from cardiac arrest or lower oxygen levels enough to cause suffocation,” said NIDA Director Dr. Nora D. Volkow.
Inhalant use has been consistently highest among 8th-graders because it is inexpensive and easy to access, but it declined in use among students in all grades after an anti-inhalant media campaign was launched in 1995. The new upward trend led researchers to suggest that not enough teens understand the potentially fatal effects of inhalant use.
“The proportion of young people who believe it is dangerous to use inhalants has declined among both 8th- and 10th-graders over the past three years, which quite possibly explains the rebound in use,” said Dr. Lloyd Johnson, principal investigator of the study at the University of Michigan. “This turnaround in their use continues to suggest the need for greater attention to the dangers of inhalant use in our media messages and in-school prevention programs.”
The MTF survey also showed that teens continue to use alcohol at disturbing rates. For example, 29.2 percent of 12th-graders reported binge drinking in the last two weeks. Binge drinking is defined as having five or more drinks in a row. Lifetime use of alcohol was 43.9 percent for 8th-graders, 64.2 percent for 10th-graders and 76.8 percent of 12th-graders. High numbers of teens also continue to report using flavored alcoholic beverages, with an annual prevalence rate of 55.8 percent in 2004 and 55.2 percent in 2003. This was the second year that the MTF tracked the use of flavored alcoholic beverages.
Confirming the results of other studies, the MTF survey also showed continued abuse of prescription painkillers, such as Vicodin. In the past year, Vicodin was used by 9.3 percent of 12th-graders, 6.2 percent of 10th-graders and 2.5 percent of 8th-graders. While this was not a significant difference from 2003, officials say it is cause for concern.
Among the drugs reportedly declining in use is marijuana. According to the MTF survey, since the recent peak of marijuana use in 1996, there has been at least a 36 percent decline in the annual prevalence of marijuana use among 8th-graders, from 18.3 percent to 11.8 percent in 2004. Among 10th- and 12th-graders, there was a modest decline in marijuana use. There were also significant increases in the perception of harm from cigarette smoking among 8th- and 10th-graders.
NIDA will discuss the recent findings of the Monitoring the Future survey during a workshop held at CADCA’s National Leadership Forum on January 13. For more on the 2004 Monitoring the Future survey, visit http://monitoringthefuture.org.
http://cadca.org/CoalitionsOnline/article.asp?id=622
Run on tobacco reported in final days before tax -ID
Associated Press
MISSOULA -- Smokers are stocking up in the final days before a state tobacco tax takes effect, with dealers saying they're surprised by an apparent preference for the loose tobacco used in roll-your-own smokes.
"People are throwing the meat out of the freezer and throwing in tobacco," said Robert Lane, manager of Cigarettes Express in Missoula.
Lane said he recently sold one customer a 50-pound bag of tobacco. Bell Pipe and Tobacco Shoppe, also in Missoula, sold a man 24 cans of tobacco, said Betty Anderson, who runs the store with partner Mark Burgad.
Customers appear to be switching to loose tobacco to save money, said Anderson. A box of 200 filtered cigarette tubes, a bag of tobacco and a machine to make the cigarettes runs about $20 -- almost half the price of a carton of 200 manufactured cigarettes. And that carton's price will rise to almost $50 at the beginning of next year.
Other tobacco merchants such as Dorothy Clinkenbeard, who owns Joe's Smoke Ring in Evaro, said she expects customers to shop in neighboring states such as Idaho. Anderson and Burgad said they also expect a decrease in sales, but didn't think it would last.
"It's like gasoline," Burgad said. "How many times have you heard someone say, 'If gasoline goes above $2 a gallon I'm selling my car?"'
The voter-approved tobacco tax increase raises the tax on a pack of cigarettes to $1.70, the tax on an ounce of snuff to 85 cents and the tax on other tobacco products to 50 percent of wholesale. Money generated by the higher tax will be designated for health insurance programs, Medicaid services, veterans homes and the state's general fund.
http://www.billingsgazette.com/index.php?tl=1&display=rednews/2004/12/28/build/state/31-tobaccotax.inc
Smokers stock up on cigarettes to avoid tax hike -AK
Juneau braces for bar-restaurant ban to take effect Jan. 2
THE ASSOCIATED PRESS and JUNEAU EMPIRE December 30, 2004
Customers at Lucky Raven Tobacco in Soldotna are stocking up on cigarettes to avoid a state tax rate increase.
Smokers in Juneau are starting to migrate from restaurants with bars to plain old bars, to avoid a city ban on smoking in the former type of establishment, bartenders said.
Those two laws, one state and one local, will affect smokers in 2005. The state tax starts on New Year's Day. The smoking ban begins Jan. 2.
The tax hike is expected to generate an additional $20 million for the state. Gov. Frank Murkowski sponsored the legislation.
Jack Dean, cashier at Lucky Raven Tobacco, said customers are purchasing up to four times the amount of cigarettes they usually buy.
Mike Patterson, owner of Lucky Raven, said usually when tobacco taxes increase, it hurts businesses. He believes customers will find ways to avoid it, such as buying them online. He also expects a sales increase in cigarette rolling products and cigars, which are not affected by the tax.
Patterson said he thinks this could lead to a decrease in tax revenue, which would be counterproductive.
A pack of cigarettes has been taxed by the state at $1 since October 1997. Lawmakers voted to gradually double the tax. A 60-cent tax hike on each pack of cigarettes will go into effect in January. The tax will go up 20 cents more in 2006 and another 20 cents in 2007.
Not everyone has heard of the tax hike. Mark Rackley, smoking outside Merchants Wharf in Juneau on Wednesday evening, said he didn't know about the increase but it wouldn't affect his use of cigarettes. Rackley said he smokes only occasionally.
Todd Maclay, a bartender at Hangar on the Wharf in Juneau, said he hasn't heard customers talking about the tax increase. But he has heard from customers who are looking for a place to drink and smoke.
A new Juneau ordinance bans smoking in restaurant bars, such as the Hangar. Eventually, in 2008, smoking will be prohibited in all of the city's bars.
"My regulars are starting to gravitate to places they can smoke," Maclay said Wednesday. "Nobody's quit smoking because of the smoking ban."
The Hangar's bartenders estimate that 40 percent to 50 percent of their regular customers smoke. Smokers aren't going to want to step outside and smoke in bad weather, he said.
Right now, the state takes in about $46 million each year from the tax, said Johanna Bales, program manager for tobacco tax for the state of Alaska. Seventy-six percent of the tax is earmarked for the school fund, which is dedicated to school construction. The rest goes to the state's general fund.
Department of Revenue officials said the last time the tobacco tax was raised in 1997, they lost about $7 million the first year due to stockpiling.
The entire amount of revenue generated from the increase will be for the state's general fund, she said. Almost 9 percent of that money will go toward the Tobacco Use Education and Cessation fund, which is designed to help smokers stop.
Bales said the state pays out about $125 million each year for smoking-related illnesses.
• Juneau Empire reporter Eric Fry contributed to this story.
http://www.juneauempire.com/stories/123004/loc_20041230003.shtml
Tobacco products fly off store shelves -ID
By JOHN FITZGERALD Of The Gazette Staff
Tobacco products are leaving store shelves in a hurry in anticipation of an increase in the state sales tax that begins with the new year.
"It's been a little crazy in here," said Tobacco Country manager Elizabeth Hall, saying customers who used to buy one or two cartons are now buying six at a time.
The voter-approved increase boosts the tax on a pack of cigarettes from 70 cents a pack to $1.70. That will put a pack of Marlboros, the most popular brand, at around $4.65 a pack, or around $45.75 for a 10-pack carton. The tax on an ounce of snuff is also going up to 85 cents.
Money generated by the higher tax will be designated for health insurance programs, Medicaid services, veterans homes and the state's general fund.
Bob Pribyl, co-owner of Tobacco Row, said there is some confusion about when the tax increase will take effect. While the tobacco stamps will switch over on Jan. 1, he is unsure whether 2004 tobacco stamps will be available at 2004 prices or at new 2005 prices. To solve the problem, he plans to sell his inventory down to the bare minimum, then switch to new prices as he restocks.
"I expect my shelves to be empty by the end of the week," he said.
Hall, manager of the two Tobacco Country stores at 895 Main St. and 1500 Broadwater Ave., said cigarettes have made special stocking stuffers this year.
"We're never open on Christmas Eve, but this year we were open and both stores raked it in. People were asking me if we gift wrapped," she said.
Pribyl, co-owner of Tobacco Row stores at 635 Wicks Lane and 2450 King Ave. W., senses something more sinister as a result of the tax increase.
"I know we're going to see a lot of black market activity," he said. "This is a concern of mine - people finding other means of getting their cigarettes."
In Missoula, dealers are surprised by an apparent preference for the loose tobacco used in roll-your-own smokes.
"People are throwing the meat out of the freezer and throwing in tobacco," said Robert Lane, manager of Cigarettes Express in Missoula.
Lane said he recently sold one customer a 50-pound bag of tobacco. Bell Pipe and Tobacco Shoppe, also in Missoula, sold a man 24 cans of tobacco, said Betty Anderson, who runs the store with partner Mark Burgad.
Customers appear to be switching to loose tobacco to save money, said Anderson. A box of 200 filtered cigarette tubes, a bag of tobacco and a machine to make the cigarettes runs about $20 - almost half the price of a carton of 200 manufactured cigarettes. And that carton's price will rise to almost $50 at the beginning of next year
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/12/30/build/local/20-tax.inc
KCKPD arrest man on suspicion of theft -KS
By Melissa Shuman
Kansan Staff Writer
Christopher M. Rhodes, 20, was arrested on Kansas City, Kan. charges by the Kansas City, Kan. police Tuesday, said Capt. Ron Copeland of the Shawnee Police. No information on the KCK charges were made available from the KCKPD.
The Kansas City, Kan. man was also arrested on charges of stealing cartons of cigarettes in the Shawnee area.
Capt. Copeland said Rhodes is also charged with three thefts in Shawnee, three in Overland Park and one in Roland Park.
"This individual lives in Kansas City, Kan. and very likely has committed similar thefts over there," Copeland said. "I would suspect he was re-selling them or even trading them for drugs."
Copeland said Rhodes would enter a convenience store, walk behind the counter and pick up a few cartons of cigarettes and leave the store. Police believe the crimes were committed without the use of a weapon. Copeland also said although store clerks were usually present during the crimes, stores didn't stop the man - possibly for safety reasons. Cigarette carton thefts are not unusual, Copeland said, because some convenience stores do not lock up cigarettes, and because cartons are small and have a high value.
"The most recent theft was at Quick Trip in Shawnee," Copeland said. "There were two cartons stolen that were valued at $58 - usually in these thefts, they won't grab more than a few cartons."
Copeland said the best way convenience stores can stop the theft of cigarette cartons is to lock them in a case.
"It's a common crime," he said. "If they could just lock up the area where the cigarettes are, it would probably solve the whole problem."
http://www.kansascitykansan.com/articles/2004/12/30/news/local/news2.txt
Man Takes Smoke Break, Is Attacked -AL
The man tells police he was standing in a parking lot, smoking a cigarette when he was attacked. He says 2 guys came up to him and asked for a smoke. It happened outside A - Z Pawn Shop on Pratt Avenue in Huntsville on November 22nd. The man claims one of the guys hit him in the head and the other one pulled a knife on him and tried to take his car keys. Lucky for the man, his friend saw what was going on and chased the two guys away. He then took his friend to the hospital to get treated.
Dial 53-CRIME if you can help lead police to the two men who did this. You'll remain anonymous, and if your tip leads to an arrest, you could get up to $1,000.
http://www.waff.com/Global/story.asp?S=2730472&nav=0hBEUh7c
N.C. ruling could mean $100 million budget hole for Kentucky KY
The Associated Press
FRANKFORT, Ky. -- A North Carolina court ruling could make Kentucky responsible for paying more than $100 million in the current budget period to tobacco farmers, but the impact won't be clear for weeks, Gov. Ernie Fletcher's chief of staff said.
The possibility has created an obstacle for the governor's budget work, chief of staff Stan Cave said Wednesday.
"That ruling has been a setback to us in pulling this together, our ideas for the next budget," Cave said. "We're still analyzing the effect of it and how much money we may have to come up with."
The North Carolina judge released tobacco companies from making payments to farmers in Kentucky and 13 other states.
"The issue is that there is a state law that says the state has to make up the shortfall - if they are not made by the tobacco companies," Cave said.
The ruling has been appealed, however, by Kentucky and six other states. Because of that and because of other legal and policy questions raised by the order, Cave said it would be weeks before the issue is cleared up.
But he said an early analysis of the ruling showed the impact could be well over $100 million for the current budget period - which runs through June 30, 2006 - if the state must cover the loss.
The issue comes on top of other problems - including a $526 million shortfall in the Medicaid program - the governor and the legislature will face in balancing and passing a budget during the legislative session that will convene Tuesday.
The tobacco-related budget problem stems from a series of events that began in 1998 with the Master Settlement Agreement. Under that plan, tobacco companies agreed to make continuing payments - known as Phase I payments - to nearly all states to settle litigation over state costs to treat the health effects of smoking.
That was followed by another agreement by the companies to compensate tobacco farmers for losses they were expected to suffer under higher cigarette prices resulting from the Master Settlement Agreement. Those are known as Phase II payments.
After Congress approved a $10.1 billion buyout of tobacco quota holders last fall, the cigarette companies argued they were no longer obliged to make a final $189 million Phase II payment this month to farmers in 14 tobacco-growing states. The buyout ends these payments.
The North Carolina judge agreed and ruled last week that the companies should get a refund of payments made earlier this year.
The Kentucky law specifies that if the annual payments from tobacco companies to farmers fall short of $114 million, then the state will pay the difference out of half of the proceeds it gets each year under the Master Settlement Agreement. Those proceeds are placed in the Agricultural Development Fund for grants to help farmers diversify their crops.
The immediate problem, if the court ruling stands, is that there is not enough money in the development fund to cover an obligation of $114 million. The fund gets from $50 million to $55 million a year and the money it has is committed, said Michael Plumley, an assistant attorney general in Kentucky.
Keith Rogers, executive director of the Gov.'s Office of Agricultural Policy that oversees Kentucky's share of Master Settlement money, said he believes the law was intended to cover a small Phase II shortfall and not a situation in which an annual payment was not made at all.
"The General Assembly knew there would never be $114 million in the development fund in any given year," Rogers said. "There would not ever be that kind of money coming into that fund. So therefore you have to assume that they did not intend for the state to make that full Phase II payment should one ever be made.
http://newsobserver.com/news/ncwire_news/story/1972514p-8346897c.html
Michel expects quick action from legislators -MN
By James Zwilling Sun Newspapers (Created 12/30/2004
With a projected state budget deficit of $700 million that tops $1 billion with inflation built in, Edina’s legislators said they can’t afford not to fix the problem during 2005 legislative session.
The city’s three elected Republicans recently shared their goals for the upcoming session with the Sun-Current.
Rep. Ron Erhardt
Rep. Ron Erhardt, R-41A, said legislators have no other option than making the state’s budget deficit their top priority.
“Everyone’s top goal has to be to satisfy the budget,” he said. “We won’t know until February exactly what we’re working on, but right now the figure is over $1 billion with inflation.”
Erhardt said the state’s legislators disappointed the public in 2004.
“People were definitely upset,” he said. “We’re going to have to see a little more horse trading this year if we expect to get things done.”
Erhardt said he believes the state Senate has more incentive to negotiate this year and that Gov. Tim Pawlenty is anxious to see some results from the state’s legislators.
One area he hopes to see dramatic changes is in transportation funding, he said.
Erhardt, who serves as the chairman of the House Transportation Policy Committee, said he expects a major transportation plan to include bonding but also other increases working along with it such as a gas tax increase, which he said he would support.
“It looks like all of the plans that are coming forward are calling for some type of increase,” he said. “The problem is that the position that the governor and others have taken about no new taxes is a wall that doesn’t seem to be bending.”
Erhardt did not sign the “No New Taxes Pledge” in 2004.
Erhardt said there is too much that needs to be done for transportation in the state including additional lanes and some reconstruction in the metro area, rebuilding of roads in the rural areas of the state and more transit options.
“We need to fix roads and bridges and add lanes,” he said. “But when it comes down to it, transit gets people off the roads.”
Erhardt said light rail has performed successfully and attracted riders, but he said that no such transit system in the United States pays for itself.
He said bus ridership from the suburbs continues its success, so he hopes to see more of that in any future transportation plans.
Erhardt said legislators can also no longer afford to ignore school districts’ financial burdens.
He said he would support lifting the freeze on per pupil spending and throwing local control to the districts to levy for more money, provided they turn to the voters first.
Erhardt said health care will also remain a top priority for the state’s legislators.
He would like to see the 2 percent provider tax, sometimes called the “Sick Tax” done away with.
The tax affects all health-care providers in the state, who in turn, charge their patients.
“The funding is misplaced,” Erhardt said. “It falls on the shoulders of the sick and limits the access of the low-income residents.”
He said the tax could be replaced by increasing the cigarette tax.
Also on the topic of smoking, Erhardt said he would support a statewide smoking ban.
“There needs to be something uniform,” he said. “But I think it will involve enforcement being left up to local authorities.”
Rep. Neil Peterson
Neil Peterson, R-41B, the newly minted state representative from Bloomington, calls himself the “new kid on the block” and declared his first priority of the 2005 session is to become familiar with the processes and ways of getting things done at the Capital.
“My top goal in this session is just to learn; learn what’s going on and who the players are,” said Peterson. “I want to pick a spot … where I can use my background and experience.
“Part of that is just keeping your eyes open and your mouth shut,” he added. “I think there’s a lot of people over there that do just the opposite.”
The legislators don’t know their committee assignments yet but Peterson hopes to land a seat “where the action is.”
He noted that the GOP majority will be smaller in 2005 – 68-66 over the DFL Party – and suggested bipartisan efforts will be a higher priority.
“It appears to me that because of the change in the majority in the house, all the committees have to be re-balanced,” said Peterson, who claimed the District 41B seat in November. The seat was vacant after the Republican incumbent, Alice Seagren, was named state education commissioner by Gov. Tim Pawlenty.
Peterson said he hopes to gain posts on committees that can use his experience, but since he has no seniority may not get all he hopes for.
“On my list I had Local Government and Higher Education Finance,” Peterson said. “These are both areas where I have had considerable of exposure.”
Transportation issues will be among those that dominate the session, Peterson said.
“The big issue that I heard of during the campaign is this transportation gridlock,” Peterson said.
Peterson also said the Legislature’s failure to pass a bonding bill in the last session was “unconscionable.”
He said the state’s finance system is too complex.
“I have over the last couple months studied the whole budget thing and I think I’m beginning to understand the substantive parts of it.
“The approach to this ought to be ‘SIBKIS – see it big, keep it simple.’
“That’s where I’m going to start in everything I do there,” Peterson said.
“Education finance is another huge issue,” Peterson said. “It’s an enormous issue.
“The whole system made an extremely bad decision when they changed the whole funding system during the [Jesse] Ventura administration.”
The effect has been to lessen the power of local school districts, Peterson said.
“The people who were there at the time may not want to admit it was a dumb decision. The people who are new don’t own it and don’t understand it.”
Peterson said he believes money for schools must be increased.
“Everybody agrees it ain’t enough,” he said. “They made a quantum leap change and it was a wonderful windfall to people on their residential real estate taxes.
“Everybody loved it.”
Yet now school districts are feeling pressure to raise money for schools in other ways, he noted.
Peterson said he could support a tax increase to boost school funding, “form and details to be determined.
“Philosophically I do not have an objection to a revenue increase. I don’t know where we’re going to get it – but that’s my job now.”
On a casino proposed for Bloomington, Peterson said: “No dice.” The state would have to abrogate previous agreements to establish a casino in Bloomington, he said.
Sen. Geoff Michel
State Sen. Geoff Michel said he is optimistic that legislators will come together on a bipartisan basis to address the state’s fiscal crisis during the upcoming legislative session.
“Balancing the budget and getting the job done on time must be our highest priority,” said the District 41 Republican senator who represents Edina and western Bloomington.
Michel said he expects legislators not to waste their time holding up confirmations and appointments so that they can focus more on the budget, transportation, education, healthcare and other issues.
Michel said he would approach the state’s now estimated $700 million shortfall by looking at the Health and Human Services budget.
“You can’t fix the budget without looking at Health and Human Services,” he said.
The state will spend 26 percent, second in spending only to education, of its 2004-2005 budget on Health and Human Services, according to a February forecast from the Minnesota Department of Finance.
Michel said reducing the $7 billion figure by 10 percent could alone erase the state’s deficit, but he said such a reduction wouldn’t be easy.
“We have to ask ourselves how we treat the less fortunate,” he said. “That will be the greatest challenge we must give the most attention to when looking at any reductions in this area.”
Likewise, Michel said health care would need the attention of state legislators this session.
“We can’t afford to think only about right now,” he said. “We need to start thinking years ahead of now.”
Health care is a personal, business and a jobs issue for Minnesotans, Michel said.
One way he expects future health-care costs to begin decreasing is with the passage of a statewide smoking ban.
“Some version of a smoking ban will pass,” Michel said. “We need something uniform for the entire state.”
He said he believes the passage of many municipal and county bans during the last year has prepared business owners and the public for such a ban.
Finding agreement on a transportation plan, however, may be more of a challenge, Michel said.
“Transportation in Edina and Bloomington is at the top of every resident’s agenda,” he said. “It’s the daily headache we all have to deal with.”
Michel said he would support an increase in the state’s gas tax to aid in road construction costs, but he wouldn’t expect it to be as much as 10 cents a gallon as some groups have suggested.
“I think that if we do see an increase in the gas tax, it would likely be more like 5 cents,” he said. “It would definitely create new revenue, but it still wouldn’t be enough for our needs.”
Michel said the state’s legislators must also look at new revenue options for the state’s schools.
He said he supports inflationary increases in per pupil funding for the state’s schools and allowing individual districts to turn to their own voters to approve levy increases.
“K-12 education must be at the top of our priorities,” Michel said. “It’s the biggest piece of spending.”
He said the state’s freezing of education funding has damaged districts throughout the state already and will continue to do so if something isn’t done.
“It’s time to give them more money,” Michel said.
http://www.mnsun.com/story.asp?city=Edina&story=149940
Local legislators preview 2005 session -MN
By Sue Webber, Teri Kelsh, Justin Piehowski and Marc Ingber
Sun Newspapers
(Created 12/30/2004 4:03:45 PM)
Education, health care and transportation are among the most compelling issues that will be facing the 85th session of the Minnesota Legislature when the gavel sounds Tuesday, Jan. 4.
A large number of freshmen legislators who were elected in November 2004 have spent the last two months attending orientation sessions and learning procedures to be followed.
They, along with lawmakers who have experienced the process in previous sessions, are awaiting Gov. Tim Pawlenty’s budget proposal.
Here is how local legislators see the upcoming issues:
Sen. Ann Rest
Sen. Ann Rest of New Hope, DFL-45, who represents all of Crystal, New Hope and Robbinsdale, and parts of Golden Valley and Plymouth, said adequate and appropriate school funding “always is the number one issue in our area.”
Rest, formerly a teacher in Robbinsdale District 281 schools, served in the Minnesota House from 1984 to 1999. She was elected to her first term in the Senate in 2000.
“Education is the Legislature’s top priority,” Rest said. “Our constituents are telling us over and over again that quality schools make the most difference in people’s lives.”
Rest said she “absolutely will vote to increase education funding.”
She also supports a gas tax increase to fund road construction, Rest said.
“Transportation and transit is key to the economic vitality of the northwest suburbs,” Rest said. “We still have to keep talking about compromises in transportation and transit planning. It’s going to be multi-modal, with light rail and buses. Light rail has been an overwhelming success. People are routinely using it; people really do commute on it. North Star will be another element.”
The state borrowed money in 2003, depending on funding from the federal government, Rest said.
“We’re hundreds of millions of dollars in the hole because they [the federal government] didn’t pass the bill,” Rest said. “We’re just standing still. In transportation, that’s really like going backwards, just like education.”
One of the proposals now on the table would allow single-occupant vehicles to pay to drive in underused high occupancy vehicle (HOV) lanes on Interstate 394, Rest said.
“We’re looking at using what we have and trying to be more efficient in keeping traffic moving,” she said.
Rest is hoping to work to advance a bill this session for an air cargo facility that would allow the Twin Cities metro area to become a major air freight center.
“Now much is trucked as far as Memphis before being sent overseas,” she said. “There are proposals in both the House and the Senate to do that here.”
Health care is another huge cost center for the state, Rest said.
“We need to make sure we continue care for the most vulnerable, and recognize that access to health care is a right, not something to be taken away,” she said. “It’s a very thorny issue. Being efficient doesn’t mean taking it away.”
Though proposals for dealing with the state’s deficit have yet to come, Rest said, “We have an obligation to find a solution. Voters in the 2004 election were very clear about that. They won’t put up with anything less. People who were successful in [the election in] 2004 said everything has to be on the table.”
Rep. Sandy Peterson
Rep.-elect Sandy Peterson of New Hope, DFL-45A, who represents all of New Hope and portions of Crystal and Plymouth, said K-12 education and higher education is her top priority for the upcoming session.
A former Robbinsdale District 281 school teacher who most recently was vice president of Education Minnesota, the state teacher’s union, Peterson said, “The schools have been starved for years here.”
As she campaigned door to door last fall, she said, “The public realizes that our future is in an educated society.”
Citizen groups have tried to raise funds to buy teachers and pay for supplies that should be the responsibility of the school system, she said.
“We’ve got to get real here about what we need to do,” Peterson said. “With the changing diversity, we need to realize people cannot teach effectively with 29 to 35 kids in a class.”
Transportation needs are especially important to the business community, Peterson said. “We can’t continue the way we’re going,” she said.
Regarding the budget, Peterson said voters are “so disgusted.”
“They see now that the cuts and the money we got back [in rebates from then-Gov. Ventura] were not advantageous in looking to the future,” Peterson said. “People are frustrated.”
The governor has said there will be no new taxes, and yet people are paying franchise fees, increased costs for higher education and taxes have skyrocketed, Peterson said.
“We’re paying, one way or the other,” she said.
She is adamant that no more taxes be shifted to local property owners, and that no more Local Government Aid (LGA) funds be taken away from local communities.
“We’ve really suffered from that loss,” Peterson said.
Peterson said she believes voters expect the Legislature to start working on Day l, rather than waiting until the end and then requesting a special session to complete their work.
“The voters are very, very tired of bipartisan issues,” Peterson said. “The people sent us a message. They want some partnerships, and spirited but respectful debate. Because of the 68-66 split [between Republicans and Democrats in the Legislature], I think it’s possible. I hope that will be our legacy as a new group – to come to some compromises and agreements that make sense.”
Rep. Ron Latz
Rep. Ron Latz, DFL-44B, who represents Golden Valley and St. Louis Park, said by the end of the 2005 legislative session he expects legislators to balance the budget in a “fair and reasonable manner and pass a capital bonding bill that meets the infrastructure needs across the state.”
Also high on his priority list for the session is garnering sufficient funding for K-12 education. Latz suggests the Legislature increase per pupil funding at the very least by the rate of inflation. He also supports raising the levy cap and giving local school districts the authority to levy to the rate of inflation without seeking a referendum from voters.
Latz said he will push for restoring funding for early childhood education, which he described as being at “bare bones.”
“It’s the most cost-effective approach we can take to educating our children,” said Latz. “It’s an incredible return on our investment.”
In the last legislative session, Latz authored a bill to ban smoking statewide. It didn’t pass. But this year he plans to re-submit the bill and is more confident of its approval.
He expects the smoking issue to be a major factor in the Legislature relating to the cost of health care.
“Smoking is a toxic health hazard. For two reasons I support a ban: One is improve the health of workers in bars and restaurants; two, to reduce healthcare costs. Smoking is a significant portion of what’s driving up healthcare costs in Minnesota,” said Latz.
He also supports Blue Cross/Blue Shield’s proposal to increase the cigarette tax by $1.
When it comes to transportation, Latz said he wants to see “balanced funding for a balanced system.” He supports raising the gas tax to at least 5 cents a gallon. These dedicated funds would go toward constructing roads and bridges. Specifically, he wants some of the money used in St. Louis Park to remove the bottleneck on Highway 100.
“I would like to see a source of funding for light rail, high speed bus lines and more bus lines. It all has to work together. We can’t just keep building more roads,” said Latz.
Rep. Lyndon Carlson
As Rep. Lyndon Carlson, DFL-Crystal, prepares to head into his 33rd legislative session in as many years, he sees the budget as “the overwhelming issue.”
Carlson, who represents Crystal, Robbinsdale, and a portion of Golden Valley, said he has several priorities within the budget, but atop his list is seeing that a good bonding bill is passed early in the session.
Another key piece to this year’s budget, according to Carlson, is to make sure that public education, both K-12 and higher education, are funded adequately all across the state.
He is particularly concerned about two issues relating to education: Early Childhood Education and All-Day Kindergarten. If the Legislature is not able to extend these opportunities to children all across the state, Carlson would at least like to see them expand this year.
Carlson is also concerned about the skyrocketing tuition costs at the University of Minnesota and at Minnesota’s State Colleges and Universities (MnSCU).
A lack of funding will lead to lower quality schools and will hinder ability for some students to access higher education at all, Carlson explained.
Carlson said that his first preference is for the state to fund all education across the state adequately, but if that doesn’t happen, he said school districts “may be a need some flexibility with their [tax] levy limits.”
Trying to pass legislation that will allow people to have access to prescription drugs at reasonable costs will be the “core issue” surrounding the health care debate at the Capitol this winter, Carlson said.
He added that he expects the legislature find ways to encourage residents to lead healthier lifestyles.
Carlson supports a statewide smoking ban in bars and restaurants as well as the right of local governments to ban smoking within their jurisdictions. He feels this issue should be covered by the broadest jurisdiction possible to ensure “a level playing field.”
The issue of a gas tax to increase transportation funding will need to be addressed this session, Carlson said. He pointed out that the business community is generally supportive of a gas tax.
However, legislators are still unsure of how Gov. Tim Pawlenty will act if a bill proposing a gas tax crosses his desk, Carlson explained.
As far as transportation projects are concerned, Carlson said he is very supportive of the Northstar Rail Line, as well as the Northwest Corridor Busway along Bottineau Boulevard (County Road 81).
Regarding the busway, Carlson said he’d like to see the neighborhoods involved with more of the planning, so residents know exactly where it is going to run.
Carlson said to realistically solve the budget deficit of at least $700 million, legislators are going to have to look at a way to bring in more revenue, which may mean tax increases.
“One of the reasons Minnesota has had such a strong economy is that we’ve invested adequately in K-12 and higher education,” Carlson explained. “Hopefully, Minnesota residents will look at how those investments have paid dividends over the years and be willing to continue investing in people.”
Carlson said he welcomes comments from constituents throughout the session. He can be reached by phone at 651-296-4255 or by email at rep.lyndon.carlson@house.mn.
Sen. Steve Kelley
Sen. Steve Kelley of Hopkins, DFL-44, represents all or part of Golden Valley, Hopkins and St. Louis Park.
Kelley said that his No. 1 goal for the upcoming legislative session was to adequately fund public schools in Minnesota. A lack of funding is not only a problem in Golden Valley, Hopkins and St. Louis Park, he said.
“All around the state, schools are hurting,” Kelley said. “We have to reverse that trend for Minnesota to remain a great education state.”
In addition to supplying more funding for schools, it’s important to develop a pay system for teachers that is in the hands of each district and local officials, he said. Seniority and experience can’t be the only factors in determining teachers’ pay, he said.
“We have to go to the governor and others and say, ‘The needs of our students have to come first,’” he said.
He expects the Legislature to pass a balanced budget in the upcoming session, he said, which would include funding for education and transportation.
He said there is a need to widen Highway 100 in St. Louis Park and he would support a gas tax to fund road construction.
“Even the Chamber of Commerce realizes we have to invest in our transportation infrastructure,” Kelley said.
He said borrowing money to pay for road construction doesn’t work. Other transportation issues Kelley would like to work on include the elimination of highway bottlenecks and investing in more transit options.
He said he would support a statewide smoking ban, provided he approves of all the conditions in the bill, because the public health benefits are numerous. Many communities have passed smoking bans, he said, recognizing the health benefits, and now it’s time to move to a statewide ban to create consistency among all the communities.
Other health issues that should be addressed include Medicaid and stem cell research, he said.
“We have to make sure our residents in nursing homes are taken care of,” Kelley said of rising Medicaid costs. He also said it is critical for the state to explore stem-cell research.
He is in favor of lifting school district levy limits, he said, but was unsure what would pan out in the upcoming legislative session.
“I support doing it and I hope we can get something done,” he said, “but I’m not sure it will happen. It’s a controversial issue.”
Another of Kelley’s goals for the upcoming session is to get moving on a bonding bill for St. Louis Park very early, he said.
A successful budget plan will help support Minnesota’s strengths, he said.
“The governor has the responsibility to propose a budget that doesn’t use gimmicks or tricks,” hesaid.
What’s next
A town hall meeting with Sen. Ann Rest, Rep. Lyndon Carlson and Rep. Sandy Peterson is scheduled for 10 to 11:30 a.m. Saturday, Jan. 8, at the Crystal City Hall, 4141 Douglas Drive.
Town hall meetings with local legislators Rep. Steve Simon, Rep. Ron Latz and Sen. Steve Kelley are scheduled for 7 to 8:30 p.m. Jan. 24 in Golden Valley; 7 to 8:30 p.m. Jan. 31, Hopkins; and 10 to 11:30 a.m. Feb. 5, St. Louis Park.
Specific locations have yet to be determined.
http://www.mnsun.com/story.asp?city=Golden_Valley&story=149989
Local legislators preview 2005 session -MN
By Mike Hanks, Troy Pieper and Sally Thompson
Sun Newspapers (Created 12/30/2004 4:04:35 PM)
Balancing the budget is without a doubt the No. 1 priority for most legislators this upcoming session.
Rep. Steve Smith
As chairman of the House Judiciary Policy and Finance Committee, Rep. Steve Smith, R-33A, helps oversee public safety issues.
“Our focus will include revision of the state’s sexual offender laws so as to get the ‘worst of the worst,’ the violent sexual predator off the streets for good and locked up for life,” he said.
Strengthening laws dealing with methamphetamine producers and putting them out of business is another focus, Smith said.
“And in general, our focus is to ensure that when your son or daughter leaves home in the morning, that at the end of the day, they will come home safe,” he said.
Before the end of the 2005 legislative session, Smith said he expected legislators to pass a biennial state budget setting priorities and doing the work of the state, without raising taxes.
Smith said he does not support a statewide smoking ban.
As far as health care, “Minnesota has the best health care available,” he said. “It is also a fact that Minnesota ranks No. 1 in the nation in percentage of residents covered by health insurance. It is a fact that only one-third of 1 percent of our population is uninsured.
“We will attack the cost of prescription drugs and health insurance with these keys: increase competition from sellers; expand consumer choices; reduce law suits and red tape and provide tax incentives to empower consumers to make wiser health choices.
While Smith stands firm with “no new taxes,” he said better roads leading to quicker commutes can be provided through dedication of the Motor Vehicle Excise Tax (MVET) to transportation. Also, using state government bonding for road construction is possible.
Saying he would support an increase in funding for K-12 education as well as lifting local school district levy limits, Smith said, “How money is allocated to school districts by the Legislature is as important as how much money is allocated.
“We need to simplify the system and put more money into the per-pupil formula, which treats every child the same and roll back the volume of state mandates the Legislature previously has placed on our local schools and boards.”
To deal with the deficit, the Legislature should continue the reform started when Gov. Tim Pawlenty was elected two years ago, and that means balancing the budget without raising taxes.
Spending must be prioritized, and state government must be reformed, he said.
Smith can be reached at Minnesota House of Representatives, 543 State Office Building, St. Paul, MN 55155, by calling 651-296-9188 or by e-mailing him at rep.steve.smith@house.mn.
Rep. Barb Sykora
Education finance, cost containment for health care and a long-range transportation plan to alleviate congestion in the metropolitan area are among the priorities of sixth-term state Rep. Barb Sykora, R-33B, this legislative session.
As chair of the Education Finance Committee, Sykora will lead a group of state legislators who will be looking at how the state funds its schools, and how to find more money for them. She supports allowing individual districts to seek higher operating levies from their voters. Districts with property wealth should be allowed to provide additional financing for education, if their voters choose to do so, noting that the state’s funding formula “is not as fair as it could be,” she said.
In addition to providing districts with more money, the committee will also “try and find a better way of paying teachers,” according to Sykora. She supports a concept that provides economic rewards for teachers based upon their classroom results and willingness to participate in the professional development of other educators. Performance initiatives provide greater incentive to teachers than a negotiated wage percentage increase, and will help attract new teachers, Sykora explained.
Solutions to containing health-care costs will not be easy to come by, according to Sykora, but “we’ve got to come up with some ways to control those increases.” Allowing small business owners and farmers the ability to pool their money across a greater population to obtain less expensive health care is one reform that is needed, Sykora said. She also expects discussion to resurface regarding a limit on financial claims in lawsuits pertaining to health care and further discussion on lowering costs for prescription drugs.
A long-range transportation plan is another of Sykora’s key issues. “Most of the rural areas don’t see transportation as a major problem,” she noted. “For the metro it’s a major issue,” she added. “We’ve got to do something to relieve congestion.”
To that end there is no single answer. Building new highways or extending light rail service won’t solely resolve transportation issues, she said.
Sykora supports the exploration of personal rapid transit, a concept developed at the University of Minnesota that has greater potential than light rail transit. It can be developed at a lower cost, and provides greater flexibility as users would travel along a rail system in smaller cars, and at their convenience rather than on a set schedule, she explained.
Sykora supports an increase in the state’s gasoline tax, acknowledging that there’s disagreement over how much is acceptable. If the tax is increased, she would like to see the allocation formula revisited, as the metropolitan counties, especially Hennepin County, do not receive enough in return for their contributions, according to Sykora.
While earmarking a higher percentage of automobile sales tax to transportation would be beneficial, to do so would leave a hole in the general fund budget, she noted.
Sykora does not see a need for the state to consider a smoking ban. That decision is best left with city and county units of government, she said.
The state has a variety of issues to address this session, and Sykora is optimistic many of those will be resolved. “I expect us to reach an agreement on our budget deficit,” she said, noting it is smaller than the deficit the state reached during the last biennium. Reaching a budget agreement will help the House, Senate and governor solve other state issues, she noted.
Sen. Gen Olson
“Our overall priority this session is a balanced budget, and I will be playing a part in that” said Sen. Gen Olson, R-33.
Olson said that an important issue for her in the upcoming session would also be the spread of zebra mussels. “We need to put more effort into controlling zebra mussels in this region and in areas where they haven’t spread yet,” she said.
She plans to meet with the Department of Natural Resources and the Lake Minnetonka Conservation District to find ways of combating the problem such as a labeling system for boats that have been in contaminated water.
One interesting goal of Olson’s is to raise the “personability and acceptability” of personal rapid transit, or PRT. PRT would be a new transit infrastructure comprised of an elevated rail and automated two- to three-person cars that run on electricity. A working system has never been built, but a local company is developing the technology with support from the private and public sectors, according to several Minneapolis newspapers. “It’s not likely to need subsidies, it’s as green as you can get, and it will relieve pressure on roads,” said Olson, who does not support a gas tax to pay for more roads.
However, the senator does want to see more roads built, and hopes to “keep the pace we’ve had in the last several years,” which included money for roads in last session’s bonding bill, she said.
Olson believes the whole system of funding for education in Minnesota needs to be revisited. She said she hopes to add to the formula for education funding, allowing for the decisions on referendum levies to be made locally. “If they want to spend additional money, I would like to see support for that, but I do not want to see the total removal of the cap on levies,” Olson said.
Another decision that should be made on a more local level, according to Olson, is on smoking bans. She said she does not support a statewide ban; local businesses and communities should make that determination. She would support it, she said, if the federal government “stopped subsidizing tobacco production and ended its addiction to the cigarette tax.”
Olson plans to push for changes in the state healthcare system that would encourage people to have what she called “health savings accounts.” The accounts, which would use pre-tax dollars, would ease the burden on employers, she said. “That’s part of the mix, but it’s a direction we ought to be making more attractive,” Olson said.
The senator said the Minnesota teachers union promotes a statewide pool for the acquisition of health insurance. “This would be a further drain from our districts, which are already at a disadvantage,” she said.
The 2005 legislative session begins Jan. 4.
http://www.mnsun.com/story.asp?city=Orono&story=150079
Apple Valley, Rosemount legislators discuss upcoming session -MN
By Erica Christoffer Sun Newspapers (Created 12/30/2004 3:48:11 PM)
A projected $700 million deficit, K-12 funding, a bonding bill and transportation are only a few of the issues the legislators from Apple Valley and Rosemount will address during the upcoming 2005 state legislative session.
The representation has changed slightly, however, since last year. Sen. Chris Gerlach, R, will begin his first session in the Senate representing District 37, which serves Apple Valley and Burnsville. Gerlach won a special election this past summer to fill the remaining two years of the term vacated by Dave Knutson.
Rep. Lloyd Cybart, R, now represents House District 37A, defeating Shelly Madore, DFL, to win his first term in office. The seat formerly belonged to Gerlach.
And long-time legislator Rep. Dennis Ozment, R, will begin his 11th term representing residents in Rosemount and Apple Valley House District 37B.
As the session gets underway Jan. 4, local legislators are also expected to discuss a statewide smoking ban, health care and environmental issues.
Sen. Chris Gerlach
Passing the Cedar Avenue Bus Rapid Transit is Gerlach’s top priority for his district. Last year, $10 million was dedicated for the project in the bonding bill that passed in the House but failed in the Senate.
“We’re getting short changed from MnDOT and the Met Council in the Dakota County area,” Gerlach said. “We’re only getting 34 cents on the dollar from our gas tax contributions as well.”
As far as light rail, Gerlach said it is too expensive and requires too many subsidies.
“It seems to be more about local economic development than it does moving people from point A to point B,” Gerlach said. “Bus lines seem to be about a fourth of the cost and they’re flexible in that you can change routes and you can change them to meet changing demographic patterns.”
Gerlach opposes a gas tax increase under the current distribution formula, which puts Dakota County as one of 11 counties that pays more than it receives.
“We need to equalize that out a little bit,” Gerlach said. “The money is not going to where it’s needed.”
Gerlach said he would not support a state-enacted smoking ban because he said the issue will take care of itself though the free market.
“More and more restaurants and establishments are going smoke free because they find that in the marketplace, their customers demand it,” Gerlach said. “We don’t have to have the government jump in on everything and dictate it. Let’s let it follow its natural course and you’ll find more and more smoke-free places over time.”
On health care, Gerlach said he expects legislation regarding federal conformity with the health savings accounts.
“We have to start here and that’s going to help kick-start the health savings account market,” he said.
Gerlach also foresees a proposal to reduce tax assessments on small businesses for health care by raising the cigarette tax. It will mean lower premium costs for employers and employees. However, Gerlach said he is undecided on the issue.
In terms of funding for K-12 education, Gerlach said he would support an increase.
“I don’t intend on raising taxes. I think there’s enough wiggle room left in the budget. It’s just a question of the decisions we have to make,’’ he said. “The goal is to achieve that inflationary increase.”
Gerlach said the budget for Health and Human Services is projected to increase by 20 percent. He said he hopes for less of an increase to cover costs in education as well as the projected deficit.
“You can’t take the compassion out of it,” Gerlach said. Health and Human Services needs to serve those who truly need the safety net, he said, as well as connecting people with their health care decisions and the costs and bring competition into the health care marketplace.
Gerlach called the projected deficit of $700 million “manageable.”
As for the bonding bill and the Minnesota Zoo’s request for exhibit expansion funds, Gerlach said he supports reviving the state institution.
“It’s time now for the Legislature to step up and fulfill their obligation and make sure that the zoo has what it needs to be successful,” Gerlach said. “I don’t know what the exact dollar amount will be, but I’ll be supportive of whatever the governor comes forth with.”
Last year the zoo requested $68 million from the state and Gov. Tim Pawlenty proposed a dedication of $34 million. However, because the bonding bill never passed, the zoo didn’t see any appropriation.
The thread that runs through all the various topics this year is “we have to get the job done,” Gerlach said. “I’m excited about it. I’m coming at this stuff from a whole different angle now.”
Sen. Chris Gerlach can be reached at 651-296-4120 or 952-432-4100 or by e-mail at sen.chris.gerlach@senate.mn.
Rep. Lloyd Cybart
While door knocking during his campaign this fall, Cybart said one of the most common comments he heard regarded the gridlock last year in the Legislature.
The freshman representative hopes to move issues forward in the House while representing his district during the 2005 session.
One issue he hopes to address is the bonding bill. Cybart said he supports the $34 million the governor had earmarked for the Minnesota Zoo’s exhibit expansion.
“I’m sure it will be along the same lines,” Cybart said.
As far as a smoking ban, Cybart said he supports local control rather than the state taking on the issue.
Health care is also going to be a huge issue this session, Cybart said, “with the runaway costs, something has to be done.”
Ideas he foresees being discussed are health savings accounts, tort reform and curbing state expenses, specifically in Health and Human Services and its anticipated 20 percent budget increase, he said. That increase will need to be dealt with to keep deficit spending down, Cybart said.
On the issue of a gas tax increase, Cybart said he would not support it under the current distribution formula.
“It’s a lop-sided formula, the rural areas get more than the suburban areas,” Cybart said. “If we raise the gas tax it’s still a disproportionate amount of the taxes coming back to Dakota County to fix our problems.”
Cybart’s top priority in transportation is the Bus Rapid Transit (BRT) line along Cedar Avenue as well as similar transit options along the Interstate 35W corridor in Burnsville to alleviate congestion and bottlenecks into the cities.
Posted at 4:25 pm by looped_ca
Thursday, December 30, 2004
Court classifies paintball guns as weapons, citing use in vandalism-PA
Posted on Fri, Dec. 24, 2004
HARRISBURG, Pa. - A student who kept six paintball guns in the trunk of his car violated a state law against possession of a weapon on school property, in part because he used one of the guns to commit vandalism, the state Superior Court has ruled.
The defendant, then 17, and another youth drove away from Central York High School during lunch hour in September 2003 to fire a carbon dioxide-powered paintball gun at three parked vehicles and a garage door, according to court records. Police recovered the guns after the boy's father consented to a search of his car that night.
The youth, unnamed in court documents, was charged with possessing a weapon on school property; improper use of paintball guns, air rifles and paintball markers; and criminal mischief. He admitted to the acts of vandalism, authorities said.
York Common Pleas Judge John Uhler in January found him delinquent, but the case was appealed to Superior Court to challenge Uhler's determination that paintball guns are among the weapons prohibited on school grounds.
State courts had previously ruled that gas-powered BB guns should be considered weapons, but had not considered the question of paintball guns.
In a decision released Thursday, Superior Court Judge Richard B. Klein wrote that the mere possession of the guns would not have been criminal if one had not been used illegally.
Klein cited an exception to the prohibition of weapons on school property if the weapon is "used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose."
The defendant had used the gun the previous night at a church-sponsored paintball game and intended to participate in another such event after school on the day of the incident.
"While it is a close case, I believe the unlawful use during the lunch hour deprives the defendant of the defense ... that he had the paintball guns for a lawful use," Klein wrote.
The youth's lawyer, public defender Scott E. Lineberry, said Friday that without the vandalism, the ruling might have gone the other way.
"How far is the court going to extend that definition of weapon? What about a kid on the archery team? If they have a bow and arrow sitting in the trunk of their car - is that going to constitute a weapon? It's an open question, I suppose," Lineberry said.
Klein said the law's firearms definitions are "all over the lot in different sections of the statutes" and noted that "baseballs and hockey pucks can cause serious bodily injury or even death. So can a pencil if poked in someone's eye."
Lawmakers could have made it clear that the penalties for having a firearm on school property also apply to paintball guns, he said.
"The Legislature knew how to spell out nunchuck sticks, and it could have spelled out paintball guns as well," Klein wrote.
ON THE NET
Opinion: http://www.courts.state.pa.us/OpPosting/Superior/out/s46028_04.pdf
http://www.timesleader.com/mld/timesleader/10493898.htm
Study finds modest drop in teen drug use -PA
SAM HANANEL, Associated Press Writer12/26/2004
WASHINGTON – Fewer teenagers are smoking cigarettes or using illegal drugs‚ but a survey released Tuesday shows a troubling increase in the use of inhalants by younger adolescents.
The smoking rate among younger teens is half what it was in the mid-1990s‚ and drug use by that group is down by one-third‚ according to the University of Michigan study‚ done for the National Institute on Drug Abuse. Less dramatic strides have been made among older teens.
Health experts and government officials called the annual survey of eighth‚ 10th and 12th-graders a sign of continued progress in the effort to reduce youth drug use and said further declines would come only with a sustained public education campaign about the consequences of drug abuse.
Overall‚ illicit drug use among teens declined by 7 percent in the past year‚ and 17 percent in the last four years. There are now 600‚000 fewer teens using drugs than there were in 2001.
“These are sustained‚ broad and deep declines‚” national drug policy director John Walters said at a news conference. “The challenge before us is to follow through.”
Altogether‚ gains in 2004 over 2003 were modest. Researchers are troubled by increases – especially among eighth-graders – in the use of inhalants such as glue and aerosols‚ and a rise in the use of the pain-control narcotic OxyContin. Use of most other drugs declined or held steady.
Health officials said they are concerned that use of inhalants‚ which are easily accessible to children‚ may rebound unless children are warned about the grave dangers they pose. Inhalant use had been declining since 1995‚ when the Partnership for a Drug-Free America began an anti-inhalant media campaign.
“Research has found that even a single session of repeated inhalant abuse can disrupt heart rhythms and cause death from cardiac arrest or lower oxygen levels enough to cause suffocation‚” said Nora Volkow‚ director of the National Institute on Drug Abuse.
Researchers also noted the apparent growing popularity of OxyContin‚ a powerful and potentially addictive synthetic narcotic. Up to 5 percent of 12th-graders and smaller percentages of younger teens reported having tried it in the last year‚ the study showed. By contrast‚ 1 percent or less of teens had tried heroin in a year.
The survey found 15 percent of eighth-graders‚ 31 percent of 10th-graders and 39 percent of 12th-graders had used drugs in the previous year – down 1 percentage point or less from the year before.
This was the eighth consecutive year that smoking rates among surveyed teens dropped‚ a turnaround that began in 1996 among students in grades eight and 10 and a year later among 12th-graders.
Researchers credited higher cigarette prices‚ tighter marketing practices‚ anti-smoking ads and withdrawal of the Joe Camel logo among reasons smoking has fallen out of favor with more teens. Close to three-quarters of surveyed 12th graders now say they’d rather not date a smoker‚ up from close to two-thirds in 1977.
“When smoking makes a teen less attractive to the great majority of the opposite sex‚ as now appears to be the case‚ one of the long-imagined benefits for adolescent smoking is seriously undercut‚” said Lloyd Johnston‚ lead researcher for the Monitoring the Future study.
Overall‚ the percentage of eighth-graders who had ever tried cigarettes declined to 28 percent this year‚ down half a percentage point from 2003 and from a peak of 49 percent in 1996.
About 41 percent of 10th-graders had tried cigarettes‚ down 1 percentage point from a year earlier and from 61 percent in 1996.
And 53 percent of high school seniors had smoked at least once in their lives‚ down 1 percentage point from 2003 and from more than 65 percent in 1997.
Even so‚ cigarette use has hardly been stamped out among youth. The study reported that 25 percent of 12th-graders said they had smoked within 30 days of being surveyed‚ as did 16 percent of 10th-graders and 9 percent of eighth-graders.
The study also found that progress in discouraging teen drinking in recent years held steady for the lower grades in 2004. Researchers said it would take another year to know whether a small increase in drinking by seniors was real or a statistical blip.
http://www.thereporteronline.com/site/news.cfm?newsid=13627584&BRD=2275&PAG=461&dept_id=466404&rfi=6
Latest news in brief from northern Nevada-NV
December 26, 2004 at 17:14:40 PST
INCLINE VILLAGE, Nev. (AP) - A rash of fires set by juveniles in Incline Village has resulted in a new program in line with the area's zero-tolerance policy on the problem.
Youthful offenders in the north Lake Tahoe community now must attend a three- to four-hour program that features a video presentation about the consequences of starting fires.
Twenty fires have been set by youths over the last year in Incline Village, up from a total of six over the last decade, fire officials said.
Lake Tahoe faces one of the highest fire threats in the nation because of overgrown forests.
The program adopted by the Washoe County Sheriff's Department and North Lake Tahoe Fire Protection District is similar to one used by the Henderson Fire Department.
"The problem was getting way out of hand and we had to find a way to deal with it on the prevention end," said Tom Smith, fire marshal for the local fire district.
"The kids that get in trouble for starting fires, bringing fireworks to school or even being caught in possession of a cigarette lighter can find themselves in the program," Smith added.
Youthful offenders will be given talks about what "messing around with fire" can do to themselves as well as an entire community.
http://www.lasvegassun.com/sunbin/stories/nevada/2004/dec/26/122610923.html
Bonds set for men involved in stabbings -FL
Read more Crime in St. Johns County online
By LORY POUNDER Staff Writer Sunday, December 26, 2004
Circuit Judge Robert Mathis set bonds for two Jacksonville men involved in separate stabbings Christmas Eve in St. Johns County.
Suspect Faron Perry wanted to plead his case to Mathis during Saturday morning's first appearance in the county jail's courtroom.
"Don't tell me about the case that carries ... 30 years in prison," Mathis cautioned Perry who had not been appointed a lawyer.
About 11 a.m. Friday, Perry, 49, of 10602 Patchwork Road in Jacksonville, stabbed his ex-employer numerous times in the neck and chest area, said Deputy Greg Suchy.
Perry's bond was set at $150,000 for a charge of attempted murder.
"I acted in self-defense," Perry said Saturday.
Perry said he tried to claim a paycheck owed to him after he was fired several days ago. He went twice to see his former supervisor, Brian Kilhof, 25, of 4608 Martindale Road. Finally, he gave him an ultimatum, Perry said.
A fight broke out at the construction job site at Palencia development off U.S. 1 between Perry and Kilhof, Suchy said.
"I would have walked away, but he wouldn't have let me," Perry told the judge.
Kilhof's injuries were not life-threatening, Suchy said.
Forty-five minutes later, Steve Reeve Tolbert, 42, of 2812 Sunnyside St. in Jacksonville, was arrested on a charge of aggravated domestic battery.
Mathis set his bond at $10,000 with the stipulation that he have no contact with the victim.
Tolbert cut his son around the eyes and nose in a car at the Belz Outlet parking lot, Suchy said.
Tolbert's son, Alvin Anderson, 21, did not have life-threatening injuries, and his mother took him to the hospital, Suchy said.
Tolbert said Saturday that he told his son not to light a cigarette, but he did anyway. They started to argue and Anderson jumped out of the passenger side and ran around the vehicle, Tolbert told the judge.
"He was telling me how he going to hurt me and jump on me," Tolbert said. "He done this before. He came around and swung on me."
Family members, including Anderson's mother and other children, were in the vehicle at the time.
Mathis told both men a lawyer would be appointed to defend them.
http://www.staugustine.com/stories/122604/new_2787458.shtml
Enough to scare you to death -UK
By Fionnuala Bourke, Sunday Mercury Dec 26 2004
This is one of the shocking graveside images designed to scare parents into finally quitting smoking in the New Year.
The NHS has launched the hard-hitting TV adverts today as part of an unprecedented £6 million Government push to encourage more mums and dads to quit the killer habit.
One heartbreaking image shows two distraught children leaving the graveside of their father following his funeral. A wreath is shaped simply in the word 'Dad'.
Another sees a young girl laying flowers on her parent's grave, and a floral tribute spelling the word 'Mum'.
One film shows mourners huddled round a grave during a funeral service. The words flashed on the screen read "Always went outside to have a cigarette'.
A fourth has a mother struggling to break the news that she has cancer to her kids.
On each, an accompanying caption reads: "Giving up. The only way to protect your family from the effects of smoking."
The new drive, which seems designed to make smoking parents feel guilty, follows a series of hard-hitting campaigns in recent years, including ads showing fatty deposits in smokers' arteries.
The adverts also feature real-life exsmokers who quit with the help of their local NHS Stop Smoking Service, including Midlander Peter Lee.
Mr Lee, from Leamington in Warwickshire, began smoking when he was at university. By his 30s he had a 20-a-day habit and his GP referred him to his local NHS Stop Smoking Service.
The 38 year-old, who has now been a non-smoker for two years, said: "My NHS advisor was brilliant. I found understanding the psychology behind giving up smoking as well as seeing what it was doing to my body - through weekly carbon monoxide monitoring - extremely motivational.
"Most important of all, I felt supported and reassured that I was doing something positive in my life. I absolutely did not want to let the adviser, or myself, down."
NHS figures show that over the Christmas break around 3,000 people - including many parents - will die due to smoking-related illnesses such as cancer and heart disease.
Latest figures from the West Midlands Public Health Group show nearly a quarter of adults in the region smoke. This is despite research that reveals one in two smokers will die early because of the habit and spiralling costs of cigarettes.
Paul Hooper, of the West Midlands Public Health Group, said: "It's more important than ever to give up smoking this year because of all the help around to help smokers succeed.
"There are more products to help them quit and local NHS Stop Smoking Services have proven highly successful.
"Also, more places are going smoke-free than ever before. And with the law about to change to ban smoking in more public places, it's a good idea to quit now.
"You can't expect to pass your driving test without having any lessons, similarly you can't expect to give up smoking without help.
"Even if people have tried to give up before and failed, they can always try again as there is no need to give in to smoking.
"We especially want people to under-stand they should not be afraid of nicotine products.
"Nicotine makes people addicted to cigarettes, but it's the 4,000 chemicals they contain that wreck their health."
* For more information on stopping smoking call the NHS Smoking Helpline on 0800 169 0 169 or visit www.givingupsmoking.co.uk.
http://icbirmingham.icnetwork.co.uk/0100news/0100localnews/tm_objectid=15014590&method=full&siteid=50002&headline=enough-to-scare-you-to-death-name_page.html
Anti-smoking drive targets families -UK
Lee Glendinning The Guardian Monday December 27, 2004
An emotive image of grieving children laying flowers beside their father's grave is one of the central features of a new anti-smoking campaign aimed at families.
A series of five adverts showing parents and children struggling to come to terms with terminal cancer was launched yesterday as part of a £6m government campaign to encourage more people to quit smoking in 2005.
Scenes include children huddled around their mother at their father's funeral with the line "Never smoked around his children". Another advert features a girl laying a wreath spelling out "mum", while one shows a group of mourners at a grave with the line "Always went outside to have a cigarette". All the adverts will carry the message: "Giving up smoking - the only way to protect your family."
Up to 3,000 people will have died of smoking-related illnesses such as cancer and heart disease between Christmas Eve and January 4.
Recent figures from the University of London reveal that only 30% of smokers try to stop, and fewer than 3% a year succeed. For the government to achieve its promise to cut smoking to 21% of the population by 2010, 50% must try to stop and 6% succeed.
The stories of real-life ex-smokers who gave up after being helped by the NHS Stop Smoking Services will be used in the second part of the new campaign from January 4.
Last year, the services, which offer one-to-one counselling and nicotine replacement therapy, helped 200,000 people to quit smoking.
"We know 70% of smokers want to stop smoking. For some, however, fears about their children can be a stronger motivation to actually quit than fears for their own health," the public health minister, Melanie Johnson, said. "I am confident that the uncompromising message of this advertising will hit home with many parents."
But Simon Clark, the director of the smokers' lobby group Forest, said: "Everyone knows there are risks associated with smoking but these advertisements stigmatise all smokers irrespective of whether they are long-term heavy smokers or moderate smokers who keep fit and enjoy a healthy diet.
"To play on people's fears like this is cynical and manipulative."
http://www.guardian.co.uk/uk_news/story/0,3604,1379913,00.html
Where is all the tobacco money?
Originally published December 26, 2004
I thank the good Lord the day He gave me the will power to stop a 40-plus-year smoking habit; that was six years ago.
I worried when I did smoke when there was talk of raising the price on a pack of cigarettes. My question is this: What has happened to all of the cigarette money that we are supposed to have? Where has it gone, and, if it is still in the bank, why must the price of a pack of cigarettes be increased?
Don't get me wrong: I am against smoking but I do believe it is an individual's choice to decide if he or she wants to quit. There are a lot of things that are far worse than smoking a cigarette.
So, does anyone know what happened to all that money?
David Saucier Jr.
Lumberton
http://www.hattiesburgamerican.com/apps/pbcs.dll/article?AID=/20041226/OPINION03/412260303/1014
Albany lobbyists gear up for 2005 -NY
By John Milgrim Capitol Bureau 12/27/04
ALBANY — Christmas may be history, but a legion of special-interest groups, from medical centers and health-care workers to environmentalists and educators, hope state lawmakers stay in the giving mood for several months to come.
And their hands are already out, hoping the state adds billions more to the current $100 billion budget.
Like years past, advocates and organizations began making their pitches early this month with hopes of being included in next year’s budget. They’ll continue the seemingly incessant pleas at least until a budget is passed, which did not happen until August this year.
Many will try to make their cases through rallies and news conferences as part of their annual multi-million dollar lobbying efforts to sway the opinions of power brokers. For some unwilling or unable to negotiate closed-door deals with state leaders, they are the only tools available to get what they want.
And sometimes, the more noise they make, the more money they get.
"A squeaky wheel does get the grease, not to mix too many metaphors here," said Blair Horner, legislative director for the New York Public Interest Research Group.
Environmental groups, such as the Sierra Club, want a doubling of the amount the state spends on land protection and park projects. Anti-smoking groups, like the American Cancer Society, want to double spending on state programs meant to help people quit.
In each case, the groups are talking about tens of millions of dollars in new state spending, and they’ve suggested ways the state could pay for it, such as increasing cigarette taxes.
Others are calling for spending increases in the billions.
A state court is expected to order the city and state to spend an additional $1.4 billion on New York City’s schools alone.
And heath-care workers and medical institutions are expected to push for the Health Care Reform Act, worth several billion dollars to their industry.
Even before new money is spent, however, the state is facing as much as a $6 billion budget deficit, according to Gov. George Pataki. By the third week in January, he’s expected to propose a spending plan showing who gets what.
Horner, who advocates on such issues as government reform, higher education and the environment, said groups with the least political clout, or money, often only have the public forum to make their cases. College students, for example, have a poor record of showing up at the polls and they rarely make political contributions, which often helps others access lawmakers who control the purse strings.
"On the other hand, the case they are making (for a public investment in education) is enormously popular," Horner said. "It’s not like we are trying to get a tax break for millionaires. The advocacy for that is focused on giving money to well-connected lobbyists to advocate in the dark."
E.J. McMahon, a senior fellow with the conservative Manhattan Institute think tank, said in Albany’s political climate, the most effective advocacy for state resources happens behind closed doors.
"Probably the most effective lobbying tool is the ever-popular implied promise of a campaign contribution followed closely by the implied threat of support for an opponent,"McMahon said.
Sometimes, the special interests have the greatest success employing a variety of tactics to sway political opinion their way.
Take, for example, the state’s largest health-care workers union. The Service Employees International Union local 1199 spent more than $10 million last year for an Albany rally of some 30,000 people and a statewide advertising campaign. They called for new taxes on the wealthy and more spending on health care.
In 2002, Dennis Rivera, president of the 350,000-member union, was credited with orchestrating substantial salary increases for health-care workers in legislation state leaders agreed to behind closed doors.
That same year, Gov. George Pataki won the union’s endorsement as part of a successful campaign for re-election.
http://www.thedailystar.com/news/stories/2004/12/27/lobby.html
Season turns blue for tobacco farmers ky
Manufacturers off the hook for balance of Phase II payments
By JOHN FRIEDLEIN
Hardin County farmers lost more than $1 million in expected tobacco settlement money when a North Carolina judge ruled that, because of the buyout that ended the quota system, companies no longer must make the final Phase II payment.
"I'm disappointed," said Elizabethtown grower Larry Thomas. "Every tobacco farmer is, I'm sure."
This news is another setback for growers and quota owners who have been coping with years of dwindling profits. "It's just another loss," Thomas said. Even the buyout approved by Congress this fall was less money over a longer period of time than some quota owners had hoped. The $10.3 million will be paid out over 10 years.
As for the 2004 Phase II money, Kentucky growers expected to receive $124 million, with $1.3 million of that going to local producers, said Thomas, who sits on the board of directors of the state Farm Bureau Federation.
North Carolina Business Court Judge Ben Tennille released cigarette companies of the obligation Thursday. An appeal is expected.
This is the sixth year of the $5.15 billion Phase II program, which would have lasted a total of 12 years. The money was intended to help farmers make up for loss of revenue from higher cigarette prices.
A final payment made this week or early next year would have helped carry growers over until buyout payments start next August. For the average producer, yearly Phase II payments are about the same as buyout payments are expected to be, said Ray Allan Mackey, a local farmer and president of the Hardin County Farm Bureau.
If farmers thought the state would make up for the loss of these payments, they'd be wrong. State officials have compensated for a shortfall in Phase II money in the past, but the law that allowed it does not make up for the absence of any sort of payment, said Keith Rogers, executive director of the governor's office of agricultural policy. Also, the North Carolina judge continued a moratorium on disbursment of those funds.
"That money had been promised," Mackey said. "The money should have already been set aside."
Tobacco companies made some Phase II payments this year, but farmers have not received the funds and the manufacturers expect to receive refunds.
"Clearly, the tobacco companies are not meeting their agreed upon obligations," said White Mills grower Steve Meredith. "It's a significant amount of money that we would have anticipated." It's also money he, other farmers and even those who lend to growers had figured into their budgets.
Meredith also said he would have been better off had the Phase II payments continued, instead of the buyout funds.
Because of the ruling, individual Hardin County farmers lost up to a few thousand dollars this year, Mackey said.
Not only will they not get a Phase II check, but they must also deal with production losses caused by one of the wettest years on record and, possibly, lower contract prices. Because of these factors, most tobacco farmers must consider whether or not to grow next year, Mackey said. "There's a lot of decision making yet to be done."
John Friedlein can be reached at 769-1200, Ext. 237, or e-mail him at jfriedlein@mail.the-ne.com.
http://www.newsenterpriseonline.com/articles/2004/12/27/news/news01.txt
In Mississippi, Many Want Higher Tobacco Taxes
December 27, 2004
(Angus Reid - CPOD Global Scan) – Many adults in the state of Mississippi back a proposal for higher tobacco duties, according to a poll by the John C. Stennis Institute of Government at Mississippi State University released by the Mississippi Health Advocacy Program. 63.5 per cent of respondents support a $1-a-pack tax increase on cigarettes.
Mississippi currently has the third-lowest cigarette tax in the United States, at 18 cents a pack. The national average is 84 cents a pack.
The Magnolia State has not raised its cigarette levies since 1985. 80.4 per cent of respondents want to spend the tax to fund health care programs, 78.6 per cent of respondents want to reduce tobacco use among kids, and 74.6 per cent see it as an option to deal with the state’s Medicaid budget problems.
Republican governor Haley Barbour—elected in November 2003—has pledged to fight any tax increase. Earlier this year, Barbour proposed shifting close to 50,000 state residents off the Medicaid program, but a federal judge temporarily denied the plan.
Polling Data
Support for tax proposal rationale and spending
(Only "Support" respondents listed)
| Support a $1-a-pack tax increase on cigarettes |
63.5% |
| Support the tax to fund health care programs |
80.4% |
| Support the tax if it would reduce tobacco use among kids |
78.6% |
| Support the tax as an option to deal with the Medicaid budget |
74.6% |
Source: John C. Stennis Institute of Government at Mississippi State University / Mississippi Health Advocacy Program
Methodology: Telephone interviews to 601 Mississippi adults, conducted from Nov. 9 to Nov. 23, 2004. Margin of error is 4 per cent.
http://www.cpod.ca/polls/index.cfm?fuseaction=viewItem&itemID=5411
Experts: Second-Hand Smoke Poses Health Risk -WV
By BETHENY HOLSTEIN
With the ongoing discussion of creating a smoke-free work environment in most of Ohio County's businesses, some people are wondering what the effects of secondhand smoke really are and whether they are bad enough to limit a person's opportunity to light up.
The U.S. Center for Disease Control and Prevention estimates that 3,000 lung cancer deaths and 35,000 coronary heart disease deaths occur each year in adult nonsmokers as a result of exposure to secondhand smoke.
"Out of every eight individuals that the tobacco industry kills, one of them has never smoked a cigarette - ever," said Dr. Michael Blatt, a local pulmonologist.
Secondhand smoke, which also is called environmental tobacco smoke, is the mixture of the smoke from the burning end of a cigarette or other tobacco product and the smoke exhaled by the smoker.
According to the West Virginia Department of Health and Human Resources, a recent CDC study puts the adult smoking rate in West Virginia at more than 27 percent, which is the highest among all 50 states and the District of Columbia.
Area cardiologist Dr. Robert Fanning pointed out that secondhand smoke also is associated with an increased chance of coronary artery disease, and that risk applies not only to those who may live with a smoker, but also those who are simply exposed in passing.
"There is up to a 50 percent increase in coronary artery disease among those exposed as opposed to those who have not been exposed to secondhand smoke," Fanning said. He referred to a temporary clean indoor air regulation in Helena, Mont., which prohibited smoking in most places for about six months, and he pointed out that for the period of time the regulation was in place, heart attacks in the area dropped by 60 percent from the time period prior to the regulation. Additionally, after the ban was lifted, the rates of heart attacks again rose.
"There is no doubt that the vast majority of studies published have all shown a reduced risk of heart attack from not being exposed to cigarette smoke," Fanning said. "I can't think of a better reason, as a cardiologist, to want to reduce smoking than a reduced risk of heart attack."
He said that when cigarette smoke hits the body, it causes a constriction of blood vessels, activation of platelets and an increase in fibrinogen levels in the blood. Fibrinogen is an enzyme produced by the liver that the body uses to clot blood.
All three of these activities within the body lead to a more sluggish blood flow, which can lead to heart attack.
"The prevailing theory is that passive smokers are not accustomed to the smoke," Fanning said, adding that the result of that inexperience is that the smoke has a greater degree of effect on the person.
Additionally, environmental tobacco smoke also causes serious lung problems, according to Blatt. He pointed out that secondhand smoke is responsible for nearly 150,000 acute lower respiratory infections per year, and he also added that of the 4,000 know chemical compounds in cigarette smoke about 69 are know to cause or are suspected of causing cancer.
"A non-smoker who is exposed to secondhand smoke also starts to have damage to the lungs," Blatt said, explaining that the damage can make a person more likely to have respiratory infections.
Also, Blatt said the particulate matter in environmental tobacco smoke can increase the risk of a person having an asthma attack, and the carbon monoxide in the smoke inhibits the ability of the blood the absorb oxygen.
"It was determined that the levels of cigarette smoke in restaurants is approximately two to three times more than one would would find in a home, and in bars, it is three to four times higher," Blatt said.
Local pediatrician Dr. Charles H. Staab III added that many children he treats suffer from chronic respiratory ailments due to secondhand smoke.
"I cannot prevent some of my patients from having chronic ailments because their parents smoke," Staab said. "I cannot get them to get better."
Staab also pointed out that some children become over-sensitive after exposure to secondhand smoke, and they cannot be around the smell or remnants of the smoke without adverse effects.
"We also know that if the mother or father smokes in the home, the children have two to three times the rate of respiratory infections and ear infections," Staab said, adding that secondhand smoke is also linked to sudden infant death syndrome, asthma and reactive air disease.
According to the CDC, about 60 percent of people in the United States have some sort of biological evidence of their exposure to secondhand smoke, and information from the CDC also indicates that in 1991, nearly 90 percent of Americans have a measurable level of serum cotinine, a substance produced when nicotine is metabolized in their blood.
http://www.newswise.com/articles/view/508991/
Blair asked by ethics watchdog about holiday -UK
Sun Dec 26, 2004 01:14 AM GMT
LONDON (Reuters) - Prime Minister Tony Blair has been asked by parliament's ethics watchdog about allegations he failed to declare a holiday at the home of an executive with ties to the tobacco industry.
A spokeswoman for Blair confirmed on Sunday that parliamentary standards commissioner Philip Mawer had written to the prime minister about his stay two years ago at a French chateau owned by Alain Perrin.
"It's a letter which hasn't been replied to yet," the spokeswoman said. "Whatever needs to be registered will be registered."
Perrin is a former chief executive of Richemont and remains an executive director with the luxury goods group, which owns about a fifth of cigarette maker British American Tobacco.
In November, the British government proposed a smoking ban for all workplaces, public buildings, restaurants and pubs in which food is served. It has also introduced new controls on tobacco advertising.
The allegations appeared in the Sunday Telegraph newspaper, which said opposition Conservative member of parliament Chris Grayling had complained to Mawer that Blair failed to enter his stay in the register of members' interests.
http://www.reuters.co.uk/newsArticle.jhtml?type=topNews&storyID=643876
Snus Ruse
Why lie about smokeless tobacco when a misleading half-truth will do?
Jacob Sullum
The European Union's highest court recently upheld the E.U.'s 12-year-old ban on oral snuff, saying it serves "the objective of health promotion." Since cigarettes, a far more hazardous form of tobacco, are still legally available in Europe, the E.U.'s policy is rather like banning bows and arrows as an intolerable threat to public safety while allowing a free trade in machine guns.
Worse, tobacco consumption patterns in Sweden, the one E.U. country where oral snuff (known there as snus) remains legal, suggest that Eurocrats are contributing to smoking-related disease and death by foreclosing a safer alternative to cigarettes. As the vice president of Swedish Match, the leading snus producer, put it, "Snus is clearly a significantly less harmful product than cigarettes and could play an important role in a much more responsible harm reduction strategy than the current cynical Quit or Die approach."
Swedish Match obviously has a strong interest in reversing the oral snuff ban. But its position has a solid enough empirical basis that prominent European health researchers and a leading British anti-smoking activist likewise have decried the "Quit or Die approach."
In the U.S., where smokeless tobacco remains legal, this approach takes the form of a misinformation campaign that encourages people to think oral snuff is just as dangerous as cigarettes. That belief, which seems to be widely accepted by smokers, is clearly wrong.
Based on the incidence of tobacco-related deaths among users, University of Alabama at Birmingham oral pathologist Brad Rodu estimates that smokeless tobacco is 98 percent safer than cigarettes. The difference is so stark that public health officials have been forced to quietly retreat from their false risk equivalence.
Last year, for instance, Surgeon General Richard Carmona told a congressional subcommittee "smokeless tobacco is not a safer substitute for cigarette smoking"—a claim that is scientifically unsupportable. But in the version of his testimony that appears on the Web site of the Centers for Disease Control and Prevention, he says "smokeless tobacco is not a safe alternative to cigarettes"—the same true but misleading warning that appears on oral snuff packages.
Similarly, a CDC Web page aimed at children asks, "Is smokeless tobacco safe?" The answer: "No way!" But the search listing for the page shows that the question used to be, "Is smokeless tobacco safer than cigarettes?" I suspect the CDC's answer was not "You bet!"
Perhaps the most telling recent change in the official line on smokeless tobacco was made to a pamphlet published by the National Institute on Aging. When I looked at the online version of the pamphlet in March, it said: "Some people think smokeless tobacco (chewing tobacco and snuff), pipes, and cigars are safer than cigarettes. They are not." The passage now reads: "Some people think smokeless tobacco (chewing tobacco and snuff), pipes, and cigars are safe. They are not."
This change came in response to a March 16 complaint from the National Legal and Policy Center arguing that the pamphlet violated the Data Quality Act by disseminating erroneous information. Among other sources, the complaint quoted a 2001 report from the National Academy of Sciences that said "the overall risk [from smokeless tobacco] is lower than for cigarette smoking, and some products such as Swedish snus may have no increased risk" (because they're especially low in carcinogens).
The fact that public health officials seem less inclined to tell outright lies about smokeless tobacco is a small victory. They are still obscuring the issue by doggedly repeating that smokeless tobacco is not risk-free when the relevant point for a cigarette smoker who is thinking about switching is that it's much less likely to kill him than his current habit.
Meanwhile, their allies in the private sector, unconstrained by the Data Quality Act, continue to explicitly promote the myth that smokeless tobacco and cigarettes are equally dangerous. "Some people believe that using smokeless tobacco is safer than smoking," the American Cancer Society says on its Web site. "This is not true."
The staffer who wrote that might want to ask Michael Thun, the society's chief epidemiologist, for a copy of the December issue of Cancer Epidemiology, Biomarkers & Prevention. That issue includes a study in which a panel of experts estimated that the mortality risk posed by Swedish-style oral snuff is at least 90 percent lower than the risk posed by cigarettes. What makes me think Thun has a copy? He was one of the experts.
Jacob Sullum is a senior editor at Reason and the author of Saying Yes: In Defense of Drug Use (Tarcher/Putnam).
http://www.reason.com/sullum/122404.shtml
Do cigarette additives pose additional risk to smokers?
28 Dec 2004
The US government does not approve or control the "599 list" of non-tobacco chemical ingredients used to manufacture cigarettes. These additives, such as acetic acid (vinegar), chocolate, vanilla, and menthol are found in everyday foods. Scientists, supported by the U.S. Food and Drug Administration (FDA), generally regard these substances as safe in foods, but the risks for smokers are not known after combustion in cigarettes and inhalation. Can the toxicological effects for smokers be measured? A new report concludes they can.
The Study
The independent, non-profit organization Life Sciences Research Office (LSRO) (http://WWW.LSRO.ORG) is conducting a review of how to determine the potential risk of non-tobacco additives for cigarette smokers. In a previous report LSRO concluded that testing added ingredients was feasible. In this latest published report, Evaluation of Cigarette Ingredients: Scientific Criteria, LSRO establishes scientific criteria for assessing the impact.
The criteria are based on the work of an expert panel, composed of Alwynelle S. Ahl, Ph.D., D.V.M., Highland Rim Consultancy, Lyles, TN; Carroll Cross, M.D., Professor, Department of Medicine, University of California Davis Medical Center, Sacramento, CA; Shayne Gad, Ph.D., D.A.B.T., President, Gad Consulting Services, Cary, NC; Donald Gardner, Ph.D., F.A.T.S., President, Inhalation Toxicology Associates, Raleigh, NC; Louis Homer, M.D., Ph.D., Medical Director (ret.), Legacy Research Foundation, Portland, OR; Rudolph Jaeger, Ph.D., Principal Scientist, Environmental Medicine, Inc., Westwood, NJ; Robert Orth, Ph.D., President, Apis Discoveries, LLC, Cedar Hill, MO; Emmanuel Rubin, M.D., Chair, Department of Pathology, Anatomy, and Cell Biology, Thomas Jefferson University, Philadelphia, PA; James Schardein, M.S., F.A.T.S., Consultant, Leesburg, FL; and Thomas Slaga, Ph.D., President, AMC Cancer Research Center, Denver, CO. Phillip Morris, USA funded the study.
Methodology
To identify optimum scientific criteria for additive testing, the investigators compared conventional toxicological and regulatory approaches to epidemiological studies. LSRO could not find toxicological tests that predicted the full range of adverse human health effects. Of particular concern was the difficulty in determining "safe" levels of additives in the context of the obviously unsafe act of smoking. To overcome these problems, LSRO adopted a relative risk approach. Investigators could compare cigarettes containing an ingredient to otherwise identical cigarettes lacking the same ingredient. This approach allows researchers to factor out the adverse health effects, revealing the effects of the additive, if any. This approach focuses on inhalation testing within a smoke matrix, instead of ingestion testing of purified additives.
Findings
The researchers concluded that this approach could establish whether:
(1) the additive, or a pyrolysis product of the additive, did not detectably transfer into cigarette smoke in such a way that smokers might be subject to a change in risk;
(2) the additive did not significantly change the chemistry, physics or biological properties of smoke; and
(3) the additive did not change exposure to cigarette smoke through altered smoking behavior.
If the additive met these three criteria, the expert panel concluded that they would not anticipate that use of the ingredient would increase adverse human health effects. If the additive did not meet one of the criteria, the panel recommended further testing. This could include reducing the amount of ingredient added and retesting or obtaining additional data demonstrating no change in the relative risk of adverse human health effects. The report gives examples.
Conclusions
The purpose of the report was not to create a safer cigarette. The authors state that the primary purpose of additive testing should be to assure the public that the additives do not increase the risk of premature death or illness beyond the levels already associated with smoking. Accordingly, they urge smokers to remember that regardless of the findings from testing, there remain significant risks from smoking even "additive-free" cigarettes.
Next Steps
LSRO will now embark on the next phase of the project, evaluating the impact of individual additives.
For nearly half a century, the Life Sciences Research Office (LSRO) has provided expert objective scientific opinions and evaluations to governmental agencies and leading corporations in the food, health and bioscience sectors. A non-profit organization originally established in 1962 by the Federation of American Societies for Experimental Biology, LSRO provides independent science-based analysis and advice.
Editor's Note: A copy of the report is available to the press in pdf format. To receive a copy or schedule an interview, please contact Donna Krupa at 703-527-7357 (office), 703-967-2751 (cell) or djkrupa1@aol.com.
Contact: Donna Krupa djkrupa1@aol.com 703-527-7357 (office) 703-967-2751 (cell)
Life Sciences Research Office
http://www.medicalnewstoday.com/medicalnews.php?newsid=18385
Americans Balk At Fast-Food Lawsuits
July 23, 2003
(CPOD) Jul. 23, 2003 - Americans believe litigation against the fast-food industry is not warranted, according to a poll by Gallup. 89 per cent of respondents oppose legal action against restaurant chains.
Several attorneys have suggested possible lawsuits against the fast-food industry, in cases reminiscent of the first legal disputes against tobacco companies in the 1970s. 66 per cent of respondents do not believe restaurant chains are responsible for a customer's health problems.
Most Americans agree that fast-food is not healthy. 76 per cent of respondents believe such meals are not good for them.
Polling Data
Would you favor or oppose holding the fast-food industry legally responsible for the diet-related health problems of people who eat fast food on a regular basis?
Favor 9% Oppose 89%
How responsible is the fast food industry for the health problems faced by obese people in this country?
Very / Somewhat responsible 33% Not too / Not at all responsible 66%
Overall, do you think that most of the food served in fast-food restaurants is very good for you, fairly good for you, not too good for you, or not good at all for you?
Very good 1%
Fairly good 22%
Not too good 53%
Not good at all 23%
Source: Gallup
Methodology: Telephone interviews to 1,006 American adults, conducted from Jul. 7 to Jul. 9, 2003. Margin of error is 3 per cent.
http://www.cpod.ca/polls/index.cfm?fuseaction=viewItem&itemID=404
Posted at 12:30 pm by looped_ca
Monday, December 27, 2004
Clean-Air Backer Wants Blitz on Public Smoke
By gail johnson
Publish Date: 23-Dec-2004
Clean-Air Backer Wants Blitz on Public Smoke. Mark Atomos Pilon illustration
British Columbia has taken some positive steps to reduce people's exposure to secondhand smoke. But according to the provincial health officer, B.C. needs to do more. Dr. Perry Kendall also says the government should step up public-education programs about the benefits of quitting smoking.
Kendall's call to eliminate secondhand smoke falls on the heels of newly proposed legislation in Ontario that, if enacted, would bring about aggressive smoke-free laws. He made the recommendations in his annual report, released in mid-December, which this year focused on air quality.
Ontario's bill to make all workplaces and public spaces 100-percent smoke-free by May 2006 was introduced on December 15, the same day Kendall issued his report. Besides prohibiting smoking in all restaurants, bars, banquet halls, health-care facilities, schools, casinos, bingo halls, and offices and government buildings, as well as in private clubs (including Royal Canadian Legions), common areas in residential buildings (including hotels and apartment and condominium buildings), and work vehicles, the proposed legislation would also eliminate all designated smoking areas and enclosed ventilated rooms in such public places. The new law would restrict the display of tobacco products in stores, banning the walls of cigarette packs and cartons behind convenience-store counters.
Kendall's office would welcome similar rules here.
"A number of provinces are moving toward major bans on smoking," said deputy provincial health officer Dr. Eric Young in a phone interview with the Straight. "We're hoping that there will be some impetus for such changes based on this report now that Ontario has introduced its proposal.
"We approach things from a public-health perspective," Young added. "In B.C., there are over 5,500 deaths per year related to smoking. We've known for a long time that smoking leads to lung cancer, heart disease, breast cancer, leukemia, asthma, premature birth, low birth weight, SIDS... It's an extremely important issue, one individuals and society have a lot of control over."
According to the Ottawa-based Physicians for a Smoke-Free Canada, 1,107 nonsmoking adults died in 1998 as a result of tobacco-related causes, as did 96 infants under the age of one year. The organization's Web site (www .smoke-free.ca/) lists illnesses known to be caused by secondhand smoke, including nasal-sinus cancer and nonmalignant respiratory disease in adults, and bronchitis, asthma, pneumonia, and middle-ear disease in children. It describes other conditions thought to be caused by secondhand smoke, like stroke, cervical cancer, and miscarriages in adults and decreased lung function and the exacerbation of cystic fibrosis in children.
Kids are especially vulnerable when it comes to secondhand smoke, because they have weaker immune systems and breathe more air relative to body weight than adults. According to the PSFC, exposure to cigarette smoke causes up to about 220,000 ear infections in Canadian children annually, 2,100 tonsillectomies and adenoidectomies, and 270 sudden-infant-death-syndrome fatalities. Maternal smoking can negatively affect the fetus, since it deprives the baby of oxygen and other nutrients.
Also known as environmental tobacco smoke, secondhand smoke contains at least 40 carcinogens, the PSFC says, and some of them are in stronger concentrations in secondhand smoke than they are in the smoke that goes directly into smokers' lungs. Among the toxic substances are arsenic, cadmium, formaldehyde, benzene, vinyl chloride, and lead.
"Even if smoking is restricted to a single room, the harmful constituents of cigarette smoke can be dispersed throughout the house," the PSFC Web site states. "Many of these highly dangerous chemicals are in invisible gas form."
Sixty-eight percent of British Columbians have no real protection from secondhand smoke, the group alleges.
Antitobacco organizations support any efforts to enforce stricter smoke-free laws. Take Airspace, a Burnaby-based group that maintains on its Web site that nonsmokers have a right to breathe air that is not polluted with carcinogenic secondhand tobacco smoke; that smokers and passive smokers have the right to hold the tobacco industry accountable for smoking-related illnesses and death; and that smokers have a right to publicly funded smoking-cessation services.
That last is a critical point, because no one denies how hard it is for some people to quit smoking. Young said that smokers trying to stop need a lot of support.
"It's difficult to change habits, especially highly addictive habits," he said. "People need to get from the thinking-about-it stage to actually taking steps to making it a reality. And they need to recognize there will be setbacks but not beat themselves up. If they have a setback, they need to say, 'All right, I'll just try again.'
"We encourage those who are smoking to make every attempt to quit; it's a very, very addictive substance and it's difficult to quit. But keep trying to quit. Use every available means. They might want their doctor's advice. They might need medication in the form of patches or gum. There are other aids; there are a variety of methods.
"If people are committed to smoking, they have a personal responsibility not to expose other people to secondhand smoke," he added. "They shouldn't smoke at home if there are children in the home. They shouldn't smoke in the car if other people use that car."
Not surprisingly, the smoke-free movement has its opponents. Last September, the Canadian Tobacco Manufacturers' Council funded an on-line smoker's association called mychoice.ca. The group says it is committed to "restoring common sense, balance and civility" to the way Canadian adult smokers are treated by their federal, provincial, and municipal governments.
"Research shows Canada's adult smokers are tired of feeling powerless and voiceless as they are hit time and again with increasing taxes, more severe restrictions, and social stigmatization," the Web site states.
Smokers and nonsmokers will obviously never see eye to eye, but tougher secondhand-smoke laws would at least help clear the air.
Live T.O. club highlights of 2004
By MARY DICKIE -- Toronto Sun
Quotes of '04: Artists with some rhyme and reason
The best thing to happen to the club scene this year -- if not this decade -- was the blessed freedom from cigarette smoke from June 1 onward.
Despite warnings of dire consequences, people adapted, smokers moved outside and clubs still managed to sell out, leaving us with the novel experience of being able to see the musicians and breathe as well. Hallelujah! Here are the live club highlights of my year:
The semi-reunion of the legendary proto-punk band MC5 could have been sad or disastrous, with two members dead, the rest getting on and the fill-ins including the annoying wingnut Evan Dando. But damn it if survivors Wayne Kramer, Michael Davis and Dennis Thompson, plus Mudhoney's Mark Arm on vocals, didn't pull it off, kicking out the jams with passion and energy to shame kids half their age.
Another guy with supernatural rock 'n' roll energy is Ian Blurton, who kept powerhouse drummer Randy Curnew from Blurtonia and added former Nashville Pussy bassist Katie Lynn Campbell's Southern grooves to make a dynamite new band -- perhaps (gasp!) his best ever.
Hips shook, hearts raced and sweat flew. Must be that mystical Toronto-New Orleans-Newfoundland axis.
A breathtaking show that was mostly solo, except for lovely keyboards from Geraint Watkins on a few songs, and proved that the Basher's voice is still in fine honeyed-whisky form and that his songwriting has few equals. A highlight was the acoustic What's So Funny 'Bout Peace, Love and Understanding.
The Whitby native adds soul, rock, reggae and R&B to hip-hop, broadening its reach, expanding its barriers and saving it from staleness and mediocrity. This sold-out, confident, ground-breaking extravaganza proved that the kids are listening, and that in fact no one can resist K-OS, or at least his Krabuckit.
A beautiful songwriter and singer -- whose album inexplicably went nowhere despite the devastating single Somewhere Else -- parted ways with his label and treated a few lucky fans to a gorgeous solo acoustic set with sporadic guest vocals from protege Kathleen Edwards. Make an album!
The toast of Paris returned home triumphantly for a packed show, during which she showcased the versatility of her lovely voice and delicate songs, rocking some up and making the Bee Gees sound like Bacharach. Can do no wrong.
Television's guitar god teamed up with Jimmy Ripp to perform Music For Film, live soundtracks to avant-garde films by Man Ray, Fernand Leger and others. Lyrical, flowing, dazzling and highly atmospheric -- an ode to the powers of the sensitively played guitar.
Ah, the rewards of constant touring -- from loose and raggedy (but still endearing) small shows to transfixing a huge outdoor crowd with a seemingly effortless mix of a dozen players and a multitude of beautiful sounds in a year. Man, they're bloody arena-ready!
The amount of pure concentrated rock energy that can emanate from one supercharged singer/drummer and an equally manic bassist is still astounding. It's impossible not to move head, hips and feet in time to the relentless beat, and hum along as well.
This birthday show marked 20 years of solid, sometimes brilliant alt-country-rock with smiley vibes, old friends like Jack de Keyzer and fans that sang every word to Hasn't Hit Me Yet. A love-in for a band that despite its popularity, can get taken for granted.
Unscheduled landing
Smoker busted for puffing on flight
By CARY CASTAGNA, POLICE REPORTER Fri, December 24, 2004
A 33-year-old Ontario man is accused of flying into a rage Wednesday after he was allegedly caught smoking in a bathroom aboard a Jetsgo flight
The mid-air antics forced the aircraft's pilots to make an unscheduled pit stop in Winnipeg, where the man was taken into police custody.
The flight was to be non-stop from Toronto to Vancouver.
"He had been caught smoking in one of the washrooms and when confronted about it became combative with the staff on board and it was decided at that point to divert to Winnipeg," said Winnipeg police spokesman Const. Bob Johnson.
Officers with the Winnipeg police airport unit arrested James Miller shortly after 5:30 p.m. at Winnipeg International Airport.
Miller, 33, of Orillia, Ont., was charged with two counts of breaching the Aeronautics Act and failing to comply with the instructions of the flight crew, Johnson said.
Miller was detained in custody at the Winnipeg Remand Centre. He declined an interview request yesterday from The Winnipeg Sun.
Miller is slated to appear in Winnipeg court on Feb. 7.
A Jetsgo spokesperson was unavailable yesterday. But Brad Cicero, a rep with the low-cost carrier, recently told The Sun that it's "very infrequent" that flights have to be diverted due to disruptive passengers.
"It's up to the captain to decide what's best for the flight, both in terms of the crew and the passengers," he said.
Since June 2002, Winnipeg police have had to contend with five other major incidents of air rage that forced aircraft to land in the city.
And just last Friday, a Winnipeg-bound commercial plane had to be diverted to Bismarck, N.D., after a babbling passenger locked himself in a bathroom and took all his clothes off.
UNSTABLE PASSENGER
Police and FBI agents were called to the Bismarck Municipal Airport to help the flight crew remove an apparently unstable passenger.
After a failed attempt at negotiating with the 23-year-old California resident who had barricaded himself in the biffy, authorities broke the lock on the door and forced their way inside.
The man, who was discovered in an inappropriate state of undress, was arrested without incident. He was slated to undergo a physical and mental evaluation.
No one backing down on smoking ban
Last Updated Dec 24 2004 08:56 AM CST
REGINA – With a provincewide smoking ban a week away, no one is blinking in the dispute over how the ban will apply on Indian property.
On Thursday, Health Minister John Nilson said he intends to apply the Jan. 1 smoking ban everywhere in Saskatchewan – including Indian reserves and Indian-controlled casinos off-reserve.
But Saskatchewan chiefs say they'll only ask people to butt out in just over half of the indoor areas on reserves.
Federation of Saskatchewan Indian Nations chief Alphonse Bird says each reserve will create its own law.
"The issue is not whether smoking is good or bad. The issue is creating laws over territories and First Nations that have the ability to create their own laws," Bird said.
Bird said he's not concerned about bar owners who complain they'll be hurt by on-reserve smoking – there are already different rules for First Nations when it comes to cigarettes and gas taxes.
Nilson wasn't saying Thursday what he plans to do if smokers are still puffing away in casinos and bars on reserves.
Nilson added Saskatchewan people tend to obey the rules in this province and he doubts many tickets will be written in the first two months of the ban.
"We're law abiding people in Saskatchewan and people respect the law and it's actually been quite reasonable in how people have responded," he said.
A coalition of health groups is also telling the provincial government not to compromise on what they call an important public health policy.
The Tobacco Control Amendment Act prohibits smoking in all enclosed public places such as restaurants, bars, bingo halls, casinos, bowling alleys, taxis, and private clubs, effective Jan. 1.
Essays on the Anti-Smoking Movement
http://www.smokingsection.com/issues2.html
Obesity and Alcohol Abuse - Is there a "sneaky" link between these serious health risks and stopping cigarette smoking?
http://www.wellnessnet.com/obesity-smoking-press-release.html
Smokers: An Endangered Species
http://reliableanswers.com/patriot/?20040209
Where there’s no smoking, there’s fire -MS
JOHN LARRABEE, Staff Writer12/23/2004
A lobbyist who led the charge to snuff out cigarette smoking in Massachusetts’ bars and restaurants is predicting any effort to change the law will likely fizzle.
"I find it unlikely, if not impossible," says Diane Pickles, executive director of Tobacco Free Massachusetts, a coalition of groups that support anti-smoking efforts. "This is a law that is working very well. The Department of Public Health has certainly not been flooded with calls or complaints."
Those could be the first words in a knock-down tobacco row in the Statehouse, where a new legislative session begins in early January.
Bar owners and restaurateurs throughout the Blackstone Valley -- and in other small towns across the state -- have been organizing for months for a push to loosen the smoking ban during the next session. Several bills to amend the law have already been filed, including one that would exempt smaller establishments.
And the effort has picked up guarded support from state Rep. Jennifer Callahan, a former nurse and health administrator who originally supported the ban. The Sutton Democrat (whose district includes Uxbridge, Millville, Blackstone and Bellingham) has called the smoking bill "a good law that needs some tweaking."
The smoking ban, which took effect July 5, prohibits lighting up in any workplace, ostensibly to protect the health of employees exposed to cigarette smoking. Supporters cite a recent health study that reported the air in smoky bars and casinos contains 50 times more cancer-causing particles than are found on city streets at rush hour.
Taverns and eateries that once had smoking areas have been hit hardest by the law. Some establishments in the Blackstone Valley claim they’ve lost 30 to 40 percent of their business to members-only clubs, which are exempt from the law, or to bars in Rhode Island. While the neighboring state has adopted a similar smoking ban, it won’t take effect until March, and bars with fewer than 10 employees are exempt.
Not all Massachusetts bar owners have jumped aboard the
See BAN -- Page A-4
Continued from Page A-3
campaign, however. Boston and more than 60 other cities and towns in the state have municipal restaurant smoking bans, and most business owners in those communities support the state law. The Massachusetts Restaurant Association has taken no stand on the issue.
Pickles insists that Blackstone Valley establishment could soon see a boost in business, once customers learn to appreciate the cleaner atmosphere. "There is always a period of transition," she says. "It may take awhile for the general public and employers to get used to the changes."
And she doubts the amendment effort has much strength in the Statehouse. "There was broad support for this in both branches of the legislature, and the governor had no problem signing the bill into law," she says.
Callahan has said the economic impact on business owners is just one of her concerns. She has also heard from municipal officials, who charge the law has created enforcement problems in small towns. And neighbors living near bars have complained about noise problems caused by sidewalk smoking.
State Sen. Richard Moore, the area’s other legislator, has avoided questions about the law in recent weeks. The Uxbridge Democrat was one of the bill’s strongest supports; Recently, however, an aide refused to say if Moore will support or oppose amendments.
"He won’t have any comment until the legislation is taken up," aide Debra Montville says. "That’s when the senator will look at it."
During the last legislative session, Moore accepted sizable campaign contributions from lobbyists working for large tobacco companies.
http://www.zwire.com/site/news.cfm?newsid=13613474&BRD=1712&PAG=461&dept_id=478996&rfi=6
Exercise 'can't end obesity risk'
Dec. 24/04
Exercise is not enough to offset the increased death risk associated with being obese, research suggests.
A study of more than 116,000 women nurses found physical activity did not totally compensate for the higher death risk associated with being obese.
The Harvard School of Public Health researchers said the key was both to exercise and lose weight.
Nurses who were lean but inactive also had an increased death risk, they told the New England Journal of Medicine.
Excess weight and physical inactivity together could account for about a third of all premature deaths, two-thirds of deaths from cardiovascular disease, and a fifth of deaths from cancer among non-smoking women, they estimate.
They defined excess weight as a body-mass index (weight in kg divided by the square of the height in meters) of 25 or more.
For example, a 5ft 2ins woman was considered obese if she weighed more than 160 pounds and lean if she weighed less than 135 pounds.
Women who did more than 3.5 hours per week of exercise were considered "active".
Compared with the lean, active women, varying degrees of obesity and inactivity increased the risk of an early death.
Double whammy
Lean women who exercised less than 3.5 hours per week increased their risk of early death by 55%.
Obese women who worked out for at least 3.5 hours a week increased their risk by 91% and those who were obese and inactive increased their risk of a premature death by 142%.
The researchers said the key to a long life, for both men and women, is to keep weight down and take regular exercise.
"Public health campaigns should emphasise both the maintenance of a healthy weight and regular physical activity," they said.
Lead author Dr Frank Hu said: "If you are overweight or obese, exercise is good for you even if you don't lose weight.
"For people who are lean and sedentary, it's really important for them to get out of the couch and exercise, even if they don't have to lose weight."
Professor Neil Armstrong, from the Children's Health and Exercise Research Centre in Exeter, said: "If you really want to do something about obesity, it really needs to be a two-fold process, which includes aerobic exercise and a reduction in energy intake.
"Obesity is related to many diseases, such as heart disease, high blood pressure and diabetes, so it's a very important issue.
"And of course the advantage of exercise is not just related to obesity.
"It reduces the risk of heart disease and in postmenopausal women the risk of osteoporosis.
"Plus it generally raises your quality of life."
Dr David Haslam of the National Obesity Forum said: "An obese person who is exercising and maybe getting a bit despondent because the weight is not falling off should take great comfort from the fact that they are at much less risk of heart disease and stroke than if they hadn't been exercising.
"Inactivity, like smoking, is a massive risk factor for heart disease in it's own right."
http://news.bbc.co.uk/1/hi/health/4120259.stm
Systems for grading the quality of evidence and the strength of recommendations I: Critical appraisal of existing approaches
The GRADE Working Group
David Atkins , Martin Eccles , Signe Flottorp , Gordon H Guyatt , David Henry , Suzanne Hill , Alessandro Liberati , Dianne O'Connell , Andrew D Oxman , Bob Phillips , Holger Schunemann , Tessa Tan-Torres Edejer , Gunn E Vist , John W Williams and . The GRADE Working Group
BMC Health Services Research 2004, 4:38 doi:10.1186/1472-6963-4-38
2 December 2004
Abstract (provisional)
Background
A number of approaches have been used to grade levels of evidence and the strength of recommendations. The use of many different approaches detracts from one of the main reasons for having explicit approaches: to concisely characterise and communicate this information so that it can easily be understood and thereby help people make well-informed decisions. Our objective was to critically appraise six prominent systems for grading levels of evidence and the strength of recommendations as a basis for agreeing on characteristics of a common, sensible approach to grading levels of evidence and the strength of recommendations.
Methods
Six prominent systems for grading levels of evidence and strength of recommendations were selected and someone familiar with each system prepared a description of each of these. Twelve assessors independently evaluated each system based on twelve criteria to assess the sensibility of the different approaches. Systems used by 51 organisations were compared with these six approaches.
Results
There was poor agreement about the sensibility of the six systems. Only one of the systems was suitable for all four types of questions we considered (effectiveness, harm, diagnosis and prognosis). None of the systems was considered usable for all of the target groups we considered (professionals, patients and policy makers). The raters found low reproducibility of judgements made using all six systems. Systems used by 51 organisations that sponsor clinical practice guidelines included a number of minor variations of the six systems that we critically appraised.
Conclusions
All of the currently used approaches to grading levels of evidence and the strength of recommendations have important shortcomings.
http://www.biomedcentral.com/1472-6963/4/38/abstract
Doctors' fears over cigarette ads blitz -UK
LEADING doctors claim tough new measures to restrict the advertising of cigarettes in shops, pubs, and clubs, will make little or no difference.
From today, the total space taken up in advertising for all tobacco companies at kiosks and other places selling cigarettes will be limited to an A5-sized area - around the size of a paperback book.
This space will also have to include a health warning taking up 30 per cent of the area.
The regulations also mean that vending machines will only be able to carry a picture of the products on sale.
The restrictions will be enforced by Trading Standards officers and violations will lead to fines of up to £5000 or five months in prison.
But the Royal College of GPs said that while the move was positive, it would do little to tackle the real problem.
Vice-chairman Graham Archard said: "We welcome this move but question whether it will make any real difference.
"People buy cigarettes because they are addicted, not because the machine or kiosk has a picture on it."
The Department of Health said the new regulations - part of the Tobacco Advertising and Promotion Act - were among the strictest in the world.
Health Secretary John Reid was expected to launch the new-look tobacco counter at an Asda supermarket in London today.
He said the new regulations would mean people were no longer "bombarded" by the large, colourful tobacco advertising at their local supermarket or corner shop.
http://news.scotsman.com/uk.cfm?id=1454592004
State-Specific Prevalence of Current Cigarette Smoking Among Adults—United States, 2003
JAMA. 2004;292:2966-2967.
MMWR. 2004;53:1035-1037
1 table omitted
Cigarette smoking causes approximately 440,000 deaths annually in the United States.1 To assess the prevalence of current cigarette smoking among adults, CDC analyzed data from the 2003 Behavioral Risk Factor Surveillance System (BRFSS) survey. This report summarizes the results of that analysis, which indicated substantial variation in cigarette smoking prevalence in the 50 states, the District of Columbia (DC), Guam, Puerto Rico, and the U.S. Virgin Islands (USVI) (range: 10.0%-34.0%). To further reduce the prevalence of smoking, states/areas should implement comprehensive tobacco-control programs.
BRFSS is a state-based, random-digit–dialed, telephone survey of the U.S. civilian, noninstitutionalized population aged 18 years. In 2003, the median state/area response rate was 53.2% (range: 34.4%-80.5%). Estimates were weighted by age and sex distributions for each state’s population, and 95% confidence intervals were calculated. BRFSS respondents were asked, "Have you smoked at least 100 cigarettes in your entire life?" and "Do you now smoke cigarettes every day, some days, or not at all?" Current smokers were defined as those who reported having smoked 100 cigarettes during their lifetimes and who currently smoke every day or some days.
In 2003, the median prevalence of current cigarette smoking among adults was 22.1% in the 50 states and DC (range: 12.0% [Utah]–30.8% [Kentucky]) (Table). Smoking prevalence was higher among men (median: 24.8%; range: 14.0%-33.8%) than women (median: 20.3%; range: 9.9%-28.1%) in the 50 states and DC. Smoking prevalence for both men and women was highest in Kentucky (men: 33.8%; women: 28.1%) and lowest in Utah (men: 14.0%; women: 9.9%). In areas other than the 50 states and DC, the median prevalence of current cigarette smoking among adults was 13.6% (range: 10.0% [USVI]–34.0% [Guam]).
Reported by: J Bombard, MSPH, A Malarcher, PhD, M Schooley, MPH, A MacNeil, MPH, Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion, CDC.
CDC Editorial Note:
Although the prevalence of current cigarette smoking among U.S. adults has declined, the rate of decline has not been rapid enough for the nation to achieve the 2010 national health objective of 12% of adults smoking cigarettes (objective 27-1).2-3 The median prevalence of adult smoking decreased 1 percentage point from 2002 to 2003, and the national objective for 2010 was achieved in Utah and the USVI. The high prevalence of current cigarette smoking in most of the remaining states/areas underscores the need for increased efforts to reduce tobacco use.
The findings in this report are subject to at least three limitations. First, the BRFSS survey does not sample persons in households without telephones, a population that might be more likely to smoke.4 Second, data for cigarette smoking are based on self-reports and are not validated with biochemical tests. However, self-reported data on current smoking status have high validity.4 Third, the median response rate was 53.2% (range: 34.4%-80.5%); lower response rates indicate a potential for response bias. However, BRFSS estimates for cigarette smoking are comparable with current smoking estimates from other surveys with higher response rates.5
Comprehensive tobacco control is effective in preventing and reducing tobacco use.6 CDC recommends the following evidence-based interventions as strategies within comprehensive tobacco-control programs: clean indoor air laws, telephone support quitlines, media campaigns, increased excise taxes on tobacco products, insurance coverage for cessation counseling and pharmaceuticals, and health-care system changes that support cessation.7 Substantial variation exists across states in their use of these strategies. For example, in 2002, two states offered Medicaid coverage for all recommended medication and counseling treatments for tobacco dependence, whereas 11 states covered no tobacco-dependence treatments.8 In addition, the average cost of a single pack of cigarettes (which includes state-based excise taxes) ranged from $3.10 in Kentucky to $5.54 in New York in 2003.9 The majority of states offer telephone support quitlines, and residents of all states soon will have access to a nationwide network of quitlines. Finally, only six states (California, Connecticut, Delaware, Maine, Massachusetts, and New York) have comprehensive statewide bans in effect on smoking in indoor workplaces and public places.
The more funds that states spend on comprehensive tobacco-control programs, the greater the reduction in smoking.6 However, the amount of money that states spend for tobacco control decreased 28% during the preceding 2 years to $541.1 million, which is less than 3% of the estimated $19 billion states expected to receive from tobacco excise taxes and tobacco settlement money in 2003.10 For fiscal year 2004 (i.e., July 1, 2003–June 31, 2004), only four states (Arkansas, Delaware, Maine, and Mississippi) were investing at least the minimum per capita amount that CDC recommends for tobacco-control programs.10 Efforts and resources must be expanded if more states are to reduce smoking prevalence to 12% by 2010. REFERENCES
1. CDC. Annual smoking-attributable mortality, years of potential life lost, and economic costs—United States 1995-1999. MMWR. 2002;51:300-303. MEDLINE
2. CDC. Cigarette smoking among adults—United States, 2002. MMWR. 2004;53:427-431. MEDLINE
3. US Department of Health and Human Services. Healthy people 2010 (conference ed, in 2 vols). Washington, DC: US Department of Health and Human Services; 2000. Available at http://www.health.gov/healthypeople
4. Nelson DE, Holtzman D, Bolen J, Stanwyck CA, Mack KA. Reliability and validity of measures from the Behavioral Risk Factor Surveillance System (BRFSS). Soz Praventivmed. 2001;46(suppl 1):S3-S42. ISI | MEDLINE
5. US Department of Health and Human Services. Women and smoking: a report of the Surgeon General. Rockville, MD: US Department of Health and Human Services, Public Health Service, Office of the Surgeon General; 2001:24-25.
6. Farrelly MC, Pechacek TF, Chaloupka FJ. The impact of tobacco control program expenditures on aggregate cigarette sales: 1981-2000. Health Econ. 2003;22:843-859.CrossRef
7. Task Force on Community Preventive Services. Guide to community preventive services: tobacco use prevention and control. Am J Prev Med. 2001;20(Suppl 1):1-87.
8. CDC. State Medicaid coverage for tobacco-dependence treatments—United States, 1994-2002. MMWR. 2004;53:54-57. MEDLINE
9. Orzechowski W, Walker RC. The tax burden on tobacco, volume 38. Arlington, VA: Orzechowski and Walker; 2003.
10. Campaign for Tobacco-Free Kids; American Heart Association, American Cancer Society, American Lung Association. A broken promise to our children: the 1998 state tobacco settlement five years later. Washington, DC: Campaign for Tobacco-Free Kids; 2003. Available at http://www.tobaccofreekids.org/reports/settlements/2004/fullreport.pdf.
http://jama.ama-assn.org/cgi/content/full/292/24/2966
Ingested Arsenic, Cigarette Smoking, and Lung Cancer Risk
A Follow-up Study in Arseniasis-Endemic Areas in Taiwan
Chi-Ling Chen, PhD;Lin-I Hsu, PhD; Hung-Yi Chiou, PhD; Yu-Mei Hsueh, PhD; Shu-Yuan Chen, PhD; Meei-Maan Wu, PhD; Chien-Jen Chen, ScD; for the Blackfoot Disease Study Group
JAMA. 2004;292:2984-2990.
ABSTRACT
Context Arsenic has been documented as a lung carcinogen in humans in only a few follow-up studies, which were limited by a small number of cases or the lack of information on cigarette smoking.
Objectives To elucidate the dose-response relationship between ingested arsenic and lung cancer and to assess the effect of cigarette smoking on the arsenic–lung cancer association.
Design, Setting, and Participants A total of 2503 residents in southwestern and 8088 in northeastern arseniasis-endemic areas in Taiwan were followed up for an average period of 8 years. Information on arsenic exposure, cigarette smoking, and other risk factors was collected at enrollment through standardized questionnaire interview.
Main Outcome Measures The incidence of lung cancer was ascertained through linkage with national cancer registry profiles in Taiwan (January 1985-December 2000). The joint effect of arsenic and cigarette smoking was estimated by both etiologic fraction and synergy index.
Results There were 139 newly diagnosed lung cancer cases during a follow-up period of 83 783 person-years. After adjustment for cigarette smoking and other risk factors, there was a monotonic trend of lung cancer risk by arsenic level in drinking water of less than 10 to 700 µg/L or more (P<.001). The relative risk was 3.29 (95% confidence interval, 1.60-6.78) for the highest arsenic level compared with the lowest. The etiologic fraction of lung cancer attributable to the joint exposure of ingested arsenic and cigarette smoking ranged from 32% to 55%. The synergy indices ranged from 1.62 to 2.52, indicating a synergistic effect of ingested arsenic and cigarette smoking on lung cancer.
Conclusions There was a significant dose-response trend of ingested arsenic on lung cancer risk, which was more prominent among cigarette smokers. The risk assessment of lung cancer induced by ingested arsenic should take cigarette smoking into consideration.
http://jama.ama-assn.org/cgi/content/full/292/24/2984
Judge rules Big Tobacco doesn't have to pay farmers
Court: Companies also due a refund
By Michael Felberbaum Associated Press
RALEIGH, N.C. — The tobacco-quota buyout approved by Congress this year releases cigarette companies from making payments to Kentucky farmers and others that had been required by a landmark 1998 settlement, a North Carolina judge ruled yesterday.
The millions of dollars in Phase II payments have compensated tobacco growers for losses they were expected to suffer under higher cigarette prices resulting from the agreement between Big Tobacco and the states.
Cigarette companies contend they weren't obligated to make a final $189 million payment this month to farmers in 14 states because Congress approved a $10.1billion tobacco buyout this fall.
North Carolina Business Court Judge Ben Tennille agreed and also ruled that the companies should get a refund on payments made earlier this year.
Though the suit was being heard in a special state court in North Carolina, the ruling will apply to tobacco companies and farmers in other tobacco states.
An appeal of the ruling is likely, which would delay a final decision for months.
In 1999, the four major tobacco companies agreed to make $5.15 billion in Phase II payments over 12 years to compensate growers and quota holders for losses stemming from the $206billion tobacco settlement approved the previous year.
Tobacco growers were counting on the final payment at the end of 2004, before the buyout takes effect.
Some expected to use the money to pay off operating loans, said Ed Bissette, a director of the North Carolina Phase II board and a fourth-generation tobacco farmer in Nash County.
Attorneys for the boards in the 14 states, as well as the trustees at JPMorgan Chase, argue that the companies aren't relieved of the Phase II payments until they actually make payments for the buyout to the U.S. Department of Agriculture. That won't happen until early 2005.
Tennille's decision was posted late yesterday on the court's Web site and dated Dec. 23.
http://www.courier-journal.com/localnews/2004/12/23ky/A1-tob1223-7157.html
Tobacco farmers' group files notice to appeal judge's decision
A group overseeing payments to tobacco farmers and quota holders from a 1999 settlement said Thursday that it will appeal a judge's decision that cigarette companies don't have to make the last of those payments.By ESTES THOMPSON, Associated Press Writer, The Associated Press
December 23, 2004
The board overseeing distribution of the payments, called Phase II funds, filed the notice of appeal in North Carolina Business Court.
Judge Ben Tennille angered farmers Wednesday when he ruled that cigarette companies didn't have to make final annual payments to growers because the 1999 settlement was superseded by Congress' approval of a $10.1 billion tobacco buyout this fall.
In 1999, the four major tobacco companies agreed to make $5.15 billion in Phase II payments over 12 years to compensate growers and quota holders for losses stemming from the $206 billion tobacco settlement.
The final payments under the settlement would have totaled $430 million in 14 tobacco-producing states.
Farm advocates said the ruling, if it holds up under appeal, means farmers who were counting on a check this month won't have money to buy supplies for the 2005 crop or to pay debts.
"I hope Judge Tennille has a merry Christmas," said Larry Wooten, president of the N.C. Farm Bureau. "Yesterday's ruling makes it hard for North Carolina farmers to truly have a merry Christmas. His ruling will cause many farmers and communities in rural North Carolina to suffer."
John Davis, executive director of the state's Phase II Tobacco Certification Entity, said the appeals would delay any payments for a few months.
In addition to rejecting the demand that the last payment be made into the fund, Tennille told the states to work out a plan to refund previous payments being held until the Dec. 31 payout date.
The appeal puts that refund plan on hold, Davis said.
Cigarette maker Philip Morris USA said in a statement Thursday that when the trust was created it was "with an understanding by all parties that the companies' payments would cease if a tobacco quota buyout funded by the companies was passed."
Philip Morris expects the buyout payments to start next year.
The ruling is a blow to farmers, said Johnston County farmer Jimmy Lee.
"It's going to be a hard lick because most farmers went in anticipating to get a payment," said Lee, president of the Contract Tobacco Growers Association. "I know that we've got this buyout coming, but that's in 12 months. It might be the law, but it's not the right thing to do."
Farmers affected are in North Carolina, Kentucky, Tennessee, South Carolina, Virginia, Georgia, Ohio, Indiana, Florida, Missouri, West Virginia, Alabama, Maryland and Pennsylvania.
http://www.zwire.com/site/news.cfm?newsid=13618000&BRD=2212&PAG=461&dept_id=465812&rfi=6
Award Upheld to Flight Attendant in Secondhand Smoke Case
Catherine Wilson The Associated Press
12-27-2004
A state appeals court upheld a $500,000 award to a flight attendant who blamed secondhand smoke on airliners for her bronchitis and sinus trouble -- a decision Wednesday that could clear the way for damage trials on up to 3,000 similar claims.
The ruling for former TWA attendant Lynn French was a test case interpreting a $349 million settlement reached in 1997 between the tobacco industry and nonsmoking attendants.
The flight attendants blamed their illnesses on smoke in the cabin before smoking was banned on domestic flights in 1990.
"The court agreed with us, and we're happy with it," said Marvin Weinstein, French's attorney. "Based on this, I think there are a lot more they're going to be paying."
After the tobacco industry agreed to settle, a system of mini-trials was set up for each flight attendant to decide whether he or she deserved compensatory damages.
Under the ground rules, each jury was to presume that secondhand smoke causes several diseases; the attendants had to prove only that they suffered from one of those diseases and that their exposure to smoke occurred on the job.
The c
Posted at 11:08 am by looped_ca
Tuesday, December 21, 2004
Lung lobby lambastes smoking stars
Aykroyd under fire over on-screen prop
Sunday, December 19th, 2004
By Chris Cobb
OTTAWA -- The American Lung Association is shining a critical spotlight on Hollywood stars in a high-pressure effort to get them to butt out on screen. And one of the first targets on the association's new anti-smoking website launched this week is Canada's own Oscar winner Dan Aykroyd, who has incurred the wrath of clean-lung advocates for puffing on a pipe towards the end of Christmas with the Kranks.
The association rates movies with icons of lungs -- black for heavy depictions of smoking and pink when none of the characters smoke. Aykroyd's neighbourly Kranks movie gets a light grey rating.
In other reviews of the week's top 10 movies and DVDs, SceneSmoking.org also has harsh words for Andy Garcia and his cigar-chomping Ocean's Twelve character Terry Benedict.
"There won't be an Ocean's Thirteen if some of the thieves and Benedict don't quit their cigar habits," notes one of the 50 young people the association has hired in the Sacramento, Calif., area to monitor smoking content in newly released DVDs and movies.
Other stars are on the black list for either smoking in movies or flaunting their personal smoking habits during interviews. High on the list are Ben Affleck, Jennifer Aniston and her husband Brad Pitt, Ann Archer, Lara Flynn Boyle, Drew Barrymore, Tom Arnold and Aykroyd's sometime singing partner Jim Belushi, who has a well-advertised liking for cigars. Even Humphrey Bogart, the most famous screen smoker of all time, gets some posthumous negative comment on the website. Bogart died in 1957 of throat cancer in an era when smoking was at its most glamorous and few suspected it could kill.
The lung association campaign is deadly serious and is motivated by recent U.S. studies that offer the most conclusive evidence yet that tobacco use by popular actors and actresses has a direct and pervasive influence on youngsters. According to the studies, conducted at Dartmouth College in New Hampshire, smoking is increasing among North American teenagers and at least half of those who start smoking say they were influenced by movie stars or other celebrities.
"Star power sells movies," says the association on its website. "It can also sell tobacco use."
The lung association is trying to get cigarettes, cigars and pipes banned as movie props unless the subject of the film is a real person or historical figure.
"If the movie was about Winston Churchill, it would be acceptable to portray him smoking cigars," said Shelley Mitchell, senior project manager for the Thumbs Up, Thumbs Down anti-smoking project.
-- CanWest News Service
WINNEPEGFREEPRESS.COM
Blowing smoke I
By PAUL MOLLON
Saturday, December 18, 2004 - Page A26
Owen Sound, Ont.-- Re Ontario Unveils Smoking Ban (Dec. 16): It's so comforting to know that Ontario Health Minister George Smitherman is looking after us and plans a complete ban on smoking. After all, banning alcohol in the Twenties was such a rip-roaring success, and aren't we all so happy that the current "war on drugs" has stamped out the use and abuse of all other mind-altering substances?
The nanny state once again rides to the rescue. I'm quickly going to my cookie jar to flush all the high-fat, high-sugar goodies down the toilet. Mr. Smitherman will surely be coming for them next.
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20041218/LETTERS18-13/TPHealth/
Blowing smoke II
By D. GRIFFIN
Saturday, December 18, 2004 - Page A26 Toronto -- Wouldn't it be great if the anti-smoking legislation, scheduled to take effect May 31, 2006, roughly coincided with the retirement of 100,000 nursing staff (One-Third Of Nurses Close To Retirement -- Dec. 15)? If the legislation actually accomplished its goal, we might not need that many replacement nurses after all
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20041218/LETTERS18-14/TPHealth/
The anti-smoking gun
Friday, December 17, 2004
The campaign to discourage smoking and to protect the health of non-smokers is admirable, but the legislation proposed this week by Ontario Health Minister George Smitherman is so absolutist that it risks trampling fairness and common sense.
Consider the case of Toronto. In 1999, the Toronto Board of Health drafted abylaw to ban smoking completely inbars and restaurants by 2001. The politicians found this to be extreme. They brokereda deal between an anti-smoking coalition and the bar and restaurant industry that permitted the existence of enclosed,separately ventilated designated smoking rooms. The city council passed the amended bylaw (which also extended the deadline for bars) by a vote of 50 to 1. Many of Toronto's bars and restaurants, fearful of driving away customers who chose to smoke, invested between $20,000 and $300,000 in such rooms.
In May of this year, the Toronto Board of Health went over Toronto's head, urging Mr. Smitherman to close down the city-sanctioned smoking rooms by 2007. Mr. Smitherman, whose Liberal government had come into office keen to crack down on smokers, this week introduced provincial legislation that he said would, among many other controls, "eliminate so-called designated smoking rooms." (The bill would also ban smoking in Legion halls but permit it in nursing homes. Oh, the whims of power.)
Tobacco is an addictive, health-destroying substance. But as long as it remains a legal product, the crusade to ensure that an Ontario region can't even let adult smokers light up in an enclosed, separately ventilated room is punitive law, not good law. There may be an argument that smokers who retire with their drinks or their food to those rooms shouldn't expect regular service there -- the health of the waiters is at issue -- but such subtleties don't seem to be a factor in the government's crusade. Neither does the good faith in which establishments built their separate rooms to comply with the Toronto bylaw.
Mr. Smitherman this week proudlydescribed his government's proposed legislation as the "toughest, most comprehensive and far-reaching" in North America. He may well be right. Certainly his crusades have had an evangelistic zeal to them; consider his blanket ban, since aborted, on the sale in Ontario of sushi and other raw fish. What's missing is a sense of proportion.
http://globeandmail.workopolis.com/servlet/Content/fasttrack/20041217/ESMOKING17?section=Travel
Canada's highest court to hear tobacco companies' appeal of legislation
Greg Joyce Canadian PressDecember 19, 2004
VANCOUVER (CP) - The long-standing fight between British Columbia and three tobacco companies moved to the judicial big leagues Thursday after the Supreme Court agreed to hear an appeal by the companies.
The nation's highest court agreed to hear an appeal of B.C. legislation known as the Tobacco Damages and Health Care Costs Recovery Act.
Several provinces have been watching the case with a view to launching similar legislation of their own. However, the Supreme Court hearing means it could be years before any costs are recovered.
The B.C. Court of Appeal, in a unanimous decision last May, ruled the B.C. government's legislation is constitutionally valid.
"It's important and it's (the Supreme Court appeal) the right thing to do," said Dave Laundy, spokesman for the Canadian Tobacco Manufacturers' Council, which is also a part of the appeal.
In May, the province's Liberal government got a green light to proceed with the lawsuit that seeks to recover $10 billion in health-care costs from tobacco companies.
The lawsuit names Imperial Tobacco Canada, Rothmans, Benson and Hedges, JTI-Macdonald, the tobacco council and several foreign tobacco companies.
Attorney General Geoff Plant said the case is important to the province.
"I think the stakes are high for British Columbia because we believe that the actions of the tobacco companies in not telling the truth about their products have cost the health-care system billions of dollars over the years."
The attorney general may prod other provinces to get involved.
"We may well encourage other provinces to intervene in the Supreme Court of Canada decision here."
The B.C. Appeal Court ruling overturned the decision of the B.C. Supreme Court, which twice previously - dating back to 1998 - had declared the legislation unconstitutional.
Laundy said the legislation is unfair to the tobacco manufacturers because its wording restricts the industry from gaining evidence on health-related issues, including how many people have become ill from smoking.
But Plant disagreed.
"I don't think that's a fair characterization of what the provincial statute tries to do," he said.
"It certainly tries to change some of the usual rules about evidence but it does so in the context of a completely new kind of lawsuit."
The legislation alleges tobacco manufacturers failed to warn consumers of the dangers of smoking, marked light cigarettes as safe and targeted children in their advertising and marketing.
A policy analyst and lawyer with the Canadian Cancer Society also said the case was of great importance to both sides.
"Other provinces are watching this closely so a judgment by the Supreme Court that is favourable will really give a green light to provinces to move ahead with their own legislation," said Rob Cunningham.
"Clearly, the stakes are high on both sides of the issue."
In 1998, B.C.'s former NDP government became the first government in Canada to attempt to sue tobacco companies, but the suit was rejected by the courts as too broad.
The suit said tobacco companies should be held liable for the tobacco-related illnesses that cost British Columbia an estimated $500 million a year in health costs.
http://www.canada.com/health/story.html?id=941120d0-4a97-4528-8eed-db32e4e9e586
Italy's Smoking Ban Plan Meets Resistance
Published Monday, December 20, 2004 By ALESSANDRA RIZZO
Associated Press Writer ROME
A cigarette with that Chianti? No more - at least not in most of Italy's restaurants and bars, starting next month.
In this cigarette-loving country, a new law to ban smoking in public places has won support from nonsmokers. Restaurant owners, however, are fuming because it requires them to report diners who flout the law and light up.
They worry their new policing role will sour relations with customers.
"We are being asked to become informers, but we don't want to give up our relation with customers," lamented Edi Sommariva, the director general of the Italian federation that groups bars, restaurants and other public places.
If the law isn't changed, he said Monday, the association will go to court.
The new legislation goes into force Jan. 10. It was originally expected to take effect at the end of this month, but officials agreed to postpone enforcement to allow smokers a few last puffs on New Year's.
"We will not allow any more delays," Health Minister Girolamo Sirchia said over the weekend. "Those who want to smoke can do so in the streets or in their homes, not around those who do not tolerate it."
The legislation is the centerpiece of Sirchia's efforts to curb smoking in Italy. Italian regulations already restrict smoking in many places, although these laws are often ignored and rarely enforced. About 26 percent of the adult population lights up, according to Health Ministry figures.
The law bans smoking in all indoor spaces unless they have a separate smoking area with continuous floor-to-ceiling walls and a ventilation system. It raises fines by 10 percent for violators and envisages stiff penalties of up to $2,900 for personnel who do not report to authorities when a customer is smoking.
The outcry made headlines in many Italian newspapers Monday. Corriere della Sera, the country's largest daily, ran a front-page editorial headlined "The Sheriff's Trattoria."
Reporting violations is "the job of the state and of its public officials. A bartender and a restaurateur are not guards," said the editorial.
Sirchia - a prominent doctor before taking up the ministry job - shrugged off the protests, saying personnel "must merely invite the customer to avoid smoking if it's not the right area."
He received support Monday from the Codacons consumers' group, which said it would "unleash its inspectors in bars and restaurants to make sure the ban is enforced."
But even some members of the governing coalition distanced themselves from Sirchia's anti-tobacco campaign.
Ignazio La Russa, a prominent lawmaker in the National Alliance government party and an ex-chain smoker, said the law would stigmatize smokers as "people with a plague." Another lawmaker from the same party, Alberto Arrighi, said Sirchia "is a great doctor, but he seems to me a Taliban member on the political level," according to the ANSA news agency.
Italy's law follows a similar effort in Ireland, which forced a ban on smoking in all enclosed workplaces, including pubs, earlier this year. The move has caused 7,000 people to quit smoking and 10,000 to decrease their frequency, according to the European Union's top health official, David Byrne.
The British government said last month it was also seeking to impose a smoking ban in most public places, including restaurants and any pub or bar that serves food.
In Italy, only 10 percent of restaurants deemed it convenient to create a smoking area, according to Sommariva's association. The rest will become entirely nonsmoking.
"The law is exaggerated, and it's based on a terrorist approach I don't agree with," said Claudio Ferrari, a 27-year-old archaeologist - and smoker - sipping coffee in a bar in central Rome. "I don't share the idea that it's up to the state to educate citizens. A little common sense is all it takes."
http://www.theledger.com/apps/pbcs.dll/article?AID=/20041220/API/412200849
Lawyers Argue Over Tobacco Payments
December 20, 2004
GREENSBORO -- More than 200 tobacco growers watched Monday afternoon as attorneys for cigarette companies and farmers squared off over whether Big Tobacco should make one last payment to leaf growers.
North Carolina Business Court Judge Ben Tennille told lawyers he hoped to make his ruling by Wednesday or Thursday.
That ruling would have a big impact on thousands of growers in 14 states.
These so-called "Phase Two" payments have compensated tobacco growers over for losses they were expected to suffer as a result of higher cigarette prices following the 1998 settlement.
Cigarette companies say they aren't obligated to make a payment this month because Congress approved a tobacco buyout this fall.
Tennille ruling's may be appealed to a higher court.
http://www.wxii12.com/news/4011989/detail.html
Hwy. Dept. kicks off litter hotline-AR
With roadside litter an escalating problem throughout the state, now over 60,000 cubic yards collected per year, the Arkansas State Highway and Transportation Department (AHTD) has announced a new violator reporting system and 24-hour, toll-free hotline to ask for motorist assistance in helping solve the problem.
After the Tuesday, Dec. 14 launch, highway officials are encouraging motorists who spot a littering violation along any street, road or highway to call 1-866-811-1222 to report the situation. All types of trash and all types of vehicles are subject to be reported, whether a cigarette butt or whether thrown from a commercial vehicle, as long as the license plate number is provided.
Litter reporting phone calls will be answered 24 hours a day by an office of the Arkansas Highway Police (AHP) who will record the incident. A letter will then be sent to the registered owner of the vehicle regarding the violation. "Information about recurring violations reported from the same vehicle will be tracked and may eventually result in a visit by an Arkansas police officer to investigate the problem," said AHP Chief Ron Burks. "Our goal is to let citizens know this is a problem we take seriously and will pursue thoroughly the enforcement of Arkansas' litter laws," added Burks.
Reporting a litter violation will be quick and simple, while allowing the caller to remain unidentified. Motorists using the reporting system will need to provide the date and location that the littering occurred, a description of the vehicle including the license plate number and a description of the item discarded. Roadway signs currently in place to forewarn motorists of potential fines for littering will now include the toll-free number asking motorists to report people who litter.
"We expect three benefits by implementing the new Litter Reporting System," said Director of Highways & Transportation, Dan Flowers, at a launch event held at the AHTD Central Offices. "Motorists who see the signs or become aware of the program will be reminded that they can be reported for littering by any other motorist and, then, may be more conscious of their own littering behavior. Second, the program will give citizens who see littering happen some remedy to the frustration of watching careless motorists trash the natural beauty of our state, and third, we hope that any person who receives the letter will be more thoughtful of their littering habits and will change their behavior."
"Currently there are eight other states that have implemented similar violator reporting systems with great success, so it's time for Arkansas to begin a serious effort to curtail this escalating problem," said Highway Commission Chairman Prissy Hickerson. "Not only will a reduction in roadside litter improve the enjoyment of residents and visitors who travel our highways, but it's a great preservation of our natural environment and will save taxpayer money being spent on cleaning up the discarded trash of careless motorists," added Hickerson.
The AHTD's violator reporting system is part of a comprehensive plan to curtail roadside litter in Arkansas. At the request of the Arkansas Highway Commission, the 2003 Litter Task Force was formed from federal, state and local governments and associations to review current litter prevention and removal activities and identify areas of improvement. Action teams were then established to focus on the areas of education and outreach, litter pick up, enforcement and legislative funding. In addition to the AHTD spearheading the litter reduction effort, representatives from associations and state agencies such as the Highway Police, Arkansas State Police (ASP), Chiefs of Police & Sheriffs Associations, the Departments of Environmental Quality and Parks & Tourism, Game & Fish Commission and the Keep Arkansas Beautiful Commission have diligently worked together to solve Arkansas' litter control problem.
Additional programs and policies are still in development as a result of the Litter Task Force efforts to create incentives for litter enforcement and clean up activities. A recognition program for law enforcement officers who are highly involved in anti-litter efforts, a program for corrections facilities that utilize prisoners in highway clean up efforts and highly publicized enforcement priority weeks will greatly raise the level of litter control action across Arkansas.
Also, an anti-litter citation guide is being distributed for easy reference by law enforcement officers, ASP will include litter laws on the inside cover of the Arkansas Drivers Manual and The Arkansas Law Enforcement Training Academy will include a section on litter law enforcement in their training curricula.
http://www.sherwoodvoice.com/Pages/12-16-04/Hwy.%20Dept.%20kicks%20off%20litter%20hotline.htm
The contribution of smoking, diet, screening and treatment to cancer mortality in the under-75s
20 Dec 2004
Cancer is a major cause of morbidity and mortality in England and Wales with 223,609 new cases of cancer registered in 2000. A new briefing paper The contribution of smoking, diet, screening and treatment to cancer mortality in the under-75s published by the Health Development Agency (UK) today reviews the impact that various measures have had in the treatment and reduction of certain types of cancer.
For men, lung, prostate and colorectal cancers account for about 50% of all cancer deaths and for women breast, lung and colorectal cancers account for 46% of all deaths. Lung, breast, colorectal, stomach and prostate cancers cause most deaths and it follows that public health approaches should focus on these cancers.
In addition to tobacco related cancer deaths, which account for one third of all cancer deaths, other lifestyle factors are significant risk factors for many cancers. For instance, it has been estimated that changes in diet could help prevent a third of all cancers. It is estimated that changes in diet could help prevent a third of all cancers. It is estimated that cancer mortality, attributable to specific factors or groups of factors in developed countries was tobacco 30%, diet and obesity 30%, alcohol 3%, inactivity 3% and occupational factors 5%. Research shows that overall, primary prevention seems to be around seven times more effective than secondary prevention.
Professor Mike Kelly, Director of Evidence and Guidance at the Health Development Agency said:
‘Primary prevention such as media campaigns or government legislation are effective with cancers such as lung cancer where not starting to smoke will drastically reduce your chances of developing lung cancer, whereas secondary disease detection, such as screening is not effective with lung cancer.
‘It is known after five years, men with lung cancer have a survival rate of only 5-7 %, as there is no really effective treatment for lung cancer. Whereas with breast cancer, treatment combined with screening (secondary prevention) can have a positive effect on survival rates.'
Incidence and survival have an impact on mortality rate. Incidence is a measure of the number of new cases in any given time period. Survival is a measure of the time from diagnosis to death. This complex interaction between incidence and survival provides the key to determining the extent to which primary or secondary prevention, or treatment, provide the most appropriate approach to tackling this disease.
The majority of people (65%) diagnosed with cancer are over the age of 65 and cancer is predominantly a disease of older people, this will affect future mortality and morbidity trends. We have an ageing population and it is important that strategies for prevention and treatment take this into account.
Possible implications on policy based on the reviewed patterns of cancer mortality include:
-- Different types of cancer need to be separated and the relative importance of incidence and survival examined if we are properly assess varying importance of factors such as smoking, diet, inactivity screening and treatment to cancer mortality.
-- An aggressive approach to reduce smoking will continue to drive down numbers of lung and other cancers. This will also impact on coronary heart disease. There should also be greater emphasis on smoking reduction in deprived areas as smoking is an inequalities issue. In poorer areas people are more likely to die form smoking related diseases than they are in richer areas.
-- Primary prevention of cancers associated with diet, lack of exercise, obesity and exposure to the sun could be effective.
-- Screening programmes for breast and cervical cancer should continue but the evidence does not support screening for lung or prostate cancer.
-- Treatment options need to be continually developed in areas where, up to now there has been limited success.
On the basis of the existing evidence and exposure trends, primary and secondary prevention have already reduced cancer mortality by almost 13% in comparison to the rates which would have been reached in the absence of these measures. In the next 20 years, a further reduction of about 29% is potentially achievable, mostly through primary prevention.
ENDS
Notes to editors:
1 The briefing paper is available on the Health Development Agency website: http://www.hda.nhs.uk.
2 The Health Development Agency is the national authority on what works to improve people's health and to reduce health inequalities. We work in partnership across sectors to support informed decision making at all levels and the development of effective practice.
http://www.medicalnewstoday.com/medicalnews.php?newsid=18079
National Academies news: Gulf War and Health
21 Dec 2004
The available evidence is too sparse or of insufficient quality to determine whether the majority of health problems that may be experienced by Gulf War veterans could be associated with exposures to fuels for military vehicles, propellents in Scud missiles, or substances given off by combustion sources such as oil-well fires, exhausts, and tent heaters, according to the latest report on the Gulf War and health from the Institute of Medicine of the National Academies. However, data from studies of occupational and environmental exposures to air pollution, vehicle exhaust, and other combustion products led the committee that wrote the report to conclude that exposure to such substances is associated with an increased risk of lung cancer.
"Studies of people exposed to air pollution, vehicle exhaust, and burning of coal or other heating and cooking fuels consistently show that such exposures are linked to an increased risk for developing lung cancer," said committee chair Lynn Goldman, professor, Bloomberg School of Public Health, Johns Hopkins University, Baltimore. "This provides sufficient evidence that exposure to combustion products during the Gulf War could be associated with lung cancer in some veterans." Military personnel may have encountered combustion products from diesel-fueled heaters in poorly ventilated tents, cooking stoves, vehicle exhaust systems, and oil-well fires. "It should be emphasized that smoking is the major culprit for lung cancer, accounting for 80 percent of all cases, according to the American Cancer Society," Goldman added.
The committee also found some evidence that exposure to combustion products is linked to asthma and cancers of the nose, mouth, throat, and bladder, as well as to low birth weight and premature births in women exposed while pregnant; the data were weaker in these cases, however. The data on whether the majority of cancers, neurological problems, and other health problems are associated with exposure to fuels, propellants, or combustion products were inadequate to draw conclusions. "While we would like to have more definitive answers to questions about the specific diseases that may be associated with these substances, in most cases the evidence simply is not strong enough or does not exist," Goldman said.
Because scant information exists on actual exposure levels experienced by individual service members -- a critical factor when assessing health effects -- the committee could not draw specific conclusions about Gulf War veterans' chances of developing lung cancer or any other health problems as a result of exposures. No systematic monitoring of air contamination from oil-well fires was conducted in the Persian Gulf region until May 1991, and this monitoring did not measure levels of contamination produced by other combustion sources, such as heaters or engines. Moreover, no data are available that would allow comparisons between levels of exposure to air contaminants during the Gulf War and exposures to similar contaminants in civilian occupational and environmental settings.
Veterans who have experienced chronic health problems following their service in the Persian Gulf region are asking whether exposure to various chemical, biological, or environmental agents might be responsible. This IOM report is the third in a series that responds to requests from the U.S. Department of Veterans Affairs and Congress to examine the health effects of potentially harmful agents to which Gulf War veterans might have been exposed. The first report focused on potential health effects from depleted uranium, pyridostigmine bromide, sarin, and vaccines; the second centered on insecticides and solvents. These reports did not directly assess whether health effects could occur as a result of service in the Gulf War.
For the current report, the committee evaluated the published, peer-reviewed research on exposure to unburned fuels, combustion products, and hydrazines and nitric acid -- components of the propellant used for Scud and other missiles -- for any evidence of links to specific cancers, neurological effects, or other health problems that persist after exposure. More than 600 oil-well fires were ignited in Kuwait by retreating Iraqi troops during the Gulf War conflict, sending up large plumes of smoke that occasionally remained low to the ground. Troops also may have been exposed to combustion products through vehicle exhaust, heaters in poorly ventilated tents, and cooking stoves. Military personnel may have had contact with hydrazines and nitric acid when they disarmed or disposed of Scud missiles or were downwind of a missile explosion. They also may have come into contact with fuels when refueling ground vehicles, aircraft, and equipment.
Of the approximately 800 studies reviewed in detail for this report, most involved individuals who were exposed to these agents in occupational settings over long periods of time. Only a small number actually studied veterans who may have been exposed while serving in the Persian Gulf. The committee carefully assessed the quality, limitations, and relevance of each epidemiologic study, and used five categories to describe the strength of the evidence.
SUFFICIENT EVIDENCE OF A CAUSAL RELATIONSHIP, the strongest level of evidence, means that many studies have established a clear link between exposure to an agent and a health outcome. Among the other requirements, there must be a plausible biological explanation for the relationship. None of the compounds evaluated in this report met these criteria.
Evidence that establishes a link between exposures and a health outcome with reasonable certainty, but fails to meet the higher standard of proof needed for causality, is characterized as SUFFICIENT EVIDENCE OF AN ASSOCIATION. The evidence for an association between lung cancer and combustion products falls into this category.
When a limited number of studies suggest that a link exists, but without reasonable certainty, the evidence is said to be LIMITED OR SUGGESTIVE OF AN ASSOCIATION. This category describes the evidence for links between combustion products and nasal, oral, laryngeal, and bladder cancers; asthma; and low birth weight and preterm births by women exposed while pregnant. Likewise, the evidence for an association between hydrazine exposure and lung cancer fits this definition.
If several studies of adequate quality consistently fail to show a positive association at any level of exposure, the evidence is described as LIMITED OR SUGGESTIVE OF NO ASSOCIATION. And evidence that lacks sufficient quality, consistency, or statistical power to draw any conclusion is judged to be INADEQUATE OR INSUFFICIENT TO DETERMINE WHETHER AN ASSOCIATION EXISTS. The majority of the evidence on fuels, combustion products, and propellants falls into this final category.
The study was sponsored by the U.S. Department of Veterans Affairs. The Institute of Medicine is a private, nonprofit institution that provides health policy advice under a congressional charter granted to the National Academy of Sciences. A committee roster follows.
A pre-publication version of GULF WAR AND HEALTH, VOL. 3: FUELS, COMBUSTION PRODUCTS, AND PROPELLANTS is available on the Internet at HTTP://WWW.NAP.EDU. Reporters may obtain a copy from the Office of News and Public Information (contacts listed above).
[ This news release and report are available at HTTP://NATIONAL-ACADEMIES.ORG ]
http://www.medicalnewstoday.com/medicalnews.php?newsid=18117
Potentially fatal toxicities occur with off-label use of cancer drugs
21 Dec 2004
Food and Drug Administration policies prevent pharmaceutical manufacturers from informing patients about potentially fatal toxicities that occur with some cancer drugs -- policies that should be revised immediately, according to Northwestern University researchers.
Andrew M. Evens, D.O., instructor in medicine, and Charles L. Bennett, M.D., professor of medicine, Northwestern University Feinberg School of Medicine, have called for an immediate revision of these FDA policies, particularly because the drug thalidomide, which was approved by the FDA as an off-label cancer treatment in 1998, has been reported to have caused potentially fatal blood clots in the legs and the lungs in over 190 cancer patients.
Virtually all patients who have received thalidomide over the past six years have received the drug for cancer, making this drug the only one in the country whose use is exclusively off label.
The FDA strictly restricts discussion or dissemination of information to physicians and patients to "on label" indications, which prevents the pharmaceutical manufacturer from advising cancer patients about the side effects of thalidomide when it is used to treat cancer.
Moreover, despite an FDA mandate that all health care personnel and patients involved with thalidomide treatments participate in the preventive System for Thalidomide Education and Prescribing Safety (STEPS), the program does not provide patients, pharmacists or health care providers with information on thromboembolisms.
Evens presented the RADAR (Research on Adverse Drug Events and Reports) data on the thalidomide-associated blood clots on at the 46th Annual Meeting of the American Society of Hematology in early December.
The Northwestern study identified the occurrence of potential fatal blood clots in the legs and the lungs in up to 20 percent or more of cancer patients who received thalidomide.
The highest rates of thromboembolism occurred in patients who received concurrent treatment with thalidomide plus chemotherapy (18 percent) versus blood clots associated with thalidomide-corticosteroid combinations (13 percent) and single-drug treatment (5 percent).
Thalidomide, banned initially in 1962, has had a remarkable resurgence since 1998 for cancer, although its formal FDA approval is as a treatment of skin complication of the rare illness, leprosy.
"Given the current controversies about the FDA and pharmaceutical safety, our findings provide additional evidence that dramatic changes in the way the FDA address patient safety are needed," Even said.
Evens and Bennett are faculty physicians in the department of medicine, division of hematology/oncology, at Northwestern University Feinberg School of Medicine and researchers at The Robert H. Lurie Comprehensive Cancer Center of Northwestern University. The RADAR project, led by Bennett, is supported by a $5 million grant from the National Cancer Institute.
http://www.medicalnewstoday.com/medicalnews.php?newsid=18111
Mobile phone radiation harms DNA, researchers say
21.12.04 1.00pm
MUNICH/AMSTERDAM - Radio waves from mobile phones harm body cells and damage DNA in laboratory conditions, according to a new study majority-funded by the European Union.
The Reflex study, conducted by 12 research groups in seven European countries, did not prove that mobile phones are a risk to health but concluded that more research is needed to see if effects can also be found outside a lab.
The $100 billion (51 billion pound) a year mobile phone industry asserts that there is no conclusive evidence of harmful effects as a result of electromagnetic radiation.
About 650 million mobile phones are expected to be sold to consumers this year, and over 1.5 billion people around the world use one.
The research project, which took four years and which was coordinated by the German research group Verum, studied the effect of radiation on human and animal cells in a laboratory.
After being exposed to electromagnetic fields that are typical for mobile phones, the cells showed a significant increase in single and double-strand DNA breaks. The damage could not always be repaired by the cell. DNA carries the genetic material of an organism and its different cells.
"There was remaining damage for future generation of cells," said project leader Franz Adlkofer.
This means the change had procreated. Mutated cells are seen as a possible cause of cancer.
The radiation used in the study was at levels between a Specific Absorption Rate (SAR) of between 0.3 and 2 watts per kilogramme. Most phones emit radio signals at SAR levels of between 0.5 and 1 W/kg.
SAR is a measure of the rate of radio energy absorption in body tissue, and the SAR limit recommended by the International Commission of Non-Ionising Radiation Protection is 2 W/kg.
The study also measured other harmful effects on cells.
Because of the lab set-up, the researchers said the study did not prove any health risks. But they added that "the genotoxic and phenotypic effects clearly require further studies ... on animals and human volunteers."
Adlkofer advised against the use of a mobile phone when an alternative fixed line phone was available, and recommended the use of a headset connected to a cellphone whenever possible.
"We don't want to create a panic, but it is good to take precautions," he said, adding that additional research could take another four or five years.
Previous independent studies into the health effects of mobile phone radiation have found it may have some effect on the human body, such as heating up body tissue and causing headaches and nausea, but no study that could be independently repeated has proved that radiation had permanent harmful effects.
None of the world's top six mobile phone vendors could immediately respond to the results of the study.
In a separate announcement in Hong Kong, where consumers tend to spend more time talking on a mobile phone than in Europe, a German company called G-Hanz introduced a new type of mobile phone which it claimed had no harmful radiation, as a result of shorter bursts of the radio signal.
- REUTERS
http://www.nzherald.co.nz/index.cfm?c_id=5&ObjectID=9004133
Pfizer Pulling Advertising for Celebrex
12.20.2004, 03:43 PM
Pfizer Inc. says it will immediately pull advertising for its top-selling arthritis pain reliever Celebrex, whose safety was called into question last week after a study found an increased risk of heart attacks in patients taking high dosages of the drug.
Pfizer spokesman Andy McCormick said the company was suspending Celebrex ads in newspapers, radio, TV and magazines. He said the company made the decision in discussions with the Food and Drug Administration.
McCormick also said Pfizer plans to have its sales staff meet with doctors to explain the findings of the survey, which were made public on Friday. He said Pfizer plans to keep Celebrex on the market.
The FDA said Friday it was considering warning labels for Celebrex or withdrawing the drug from the market. Celebrex is in the same class of drug, called a cox-2 inhibitor, as Vioxx, a rival pain reliever that Merck & Co. pulled from the market earlier this year after a study found the drug doubled the risk of heart attack or stroke.
For the first nine months of the year, worldwide sales of Celebrex more than doubled from a year earlier to $2.3 billion, accounting for 6 percent of Pfizer's total sales of $37.6 billion during that period.
Last year, Pfizer spent $87.6 million to advertise Celebrex, according to TNS Media Intelligence/CMR. It recently launched a new campaign for the drug and placed full-page ads in newspapers touting Celebrex's safety in the wake of Vioxx's recall.
The heart attack risk in the study disclosed Friday occurred when patients took the drug at two to four times the usual dose for many months.
News of the increased heart risk for Celebrex patients came in one of two long-term cancer-prevention trials.
On Monday, the FDA said it had asked Pfizer to suspend its consumer advertising of Celebrex while the agency evaluates new and conflicting information on the drug.
The National Cancer Institute, which was conducting the study for Pfizer, said patients in the clinical trial taking 800 milligrams of Celebrex had a 3.4 times greater risk of cardiovascular problems compared with a placebo.
For patients in the trial taking 400 milligrams of Celebrex, the risk was 2.5 times greater. The average duration of treatment in the trial was 33 months.
Pfizer's shares, which fell hard on Friday following the release of the news, fell another $1.48 or 6 percent to $24.27 in heavy trading Monday on the New York Stock Exchange.
http://www.forbes.com/business/services/feeds/ap/2004/12/20/ap1721635.html
Germany Tells Some Patients to Stop Using Celebrex
Mon Dec 20, 2004 11:43 AM ET
FRANKFURT (Reuters) - Germany's drug regulator on Monday told patients with cardiovascular risks to stop using Pfizer's arthritis drug Celebrex after new data emerged linking it to an elevated risk of heart attacks.
The drug regulator said in a statement it was not "justifiable" to treat patients with a history of heart attack and stroke with Celebrex.
The regulator urged the use of alternative drugs or to cut down the dose if a patient cannot be treated without Celebrex.
Pfizer last week said Celebrex more than doubled the risk of heart attack in a large cancer-prevention trial, a setback that comes just weeks after Merck & Co. recalled its similar Vioxx drug due to heart safety risks.
Pfizer said doctors should be made aware of the health risks in prescribing Celebrex to their patients, but the company does not plan to recall its popular arthritis drug.
Celebrex is one of Pfizer's biggest products, with 2003 sales of $1.9 billion.
http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=7141603
Genetic Mutations Not Being Detected Early Enough In Families with Hereditary Colorectal Cancer
According to the results of a study recently published in the Journal of Clinical Oncology, a genetic mutation that can cause colorectal cancer is not being detected early enough. These findings have led to the recommendation that families at risk for developing colorectal cancer be more closely monitored.
Colorectal cancer is the second leading cause of cancer related deaths in the United States. Colorectal cancer is a malignancy that involves both the large intestines (colon) and a distal portion of the colon known as the rectum. Hereditary nonpolyposis colorectal cancer (HNPCC) is a syndrome caused by specific genetic mutations that is characterized by an increased risk of colon cancer, as well as other cancers such as ovarian, stomach, liver, brain and skin. Genetic abnormalities among 4 genes (MLH1, MSH2, MSH6, and PMS2) can be detected by genetic testing and those found to have HNPCC have an 80% lifetime risk for developing colon cancer. The average age for colorectal cancer diagnosis among this group is 44. MLH1 and MSH2 mutations account for approximately 90% of all patients diagnosed with HNPCC. Mutation of the MSH6 gene occurs in 7-10% of families with HNPCC and mutation of the PMS2 gene accounts for less than 5% of families diagnosed with HNPCC. Patients with HNPCC typically undergo colonoscopy every 1-2 years starting at ages 20-25, or starting at 10 years younger than the youngest person to have developed colon cancer in the family. Patients with HNPCC who have a family history of cancer outside of the colon undergo rigorous and frequent screening for that type of cancer beginning at a young age.
In this recent study, the goal was to more closely evaluate the involvement of the MSH6 mutation in families suspected of HNPCC. Patients were chosen from 706 families who had been identified as not having an MLH1 or MSH2 mutation, but were suspected of having a form of HNPCC from family history of cancer. These patients were then subjected to MSH6 testing. This information was then compared to data collected from families with MLH1 and MSH2 mutations.
Results of the study found 27 families with 24 different MSH6 mutations, which represented 3.8% of the total families. The average age of onset for colorectal cancer in these patients was 10 years later (54years) than for patients with MLH1 and MSH2 mutations. When compared to other malignant tumors, colorectal cancer was less frequent among MSH6 families than those with MLH1 and/or MSH2 mutations; however, non-HNPCC associated tumors were increased.
Researchers concluded that the later onset of colorectal cancer as well as the lower incidence, may contribute to the lower number of identified MSH6 mutations in families that are suspected of HNPCC. However, further analysis reveals that in approximately half of these families, one or more of the family members developed colorectal or endometrial cancer in their 40s. This has led researchers to recommend equally rigorous surveillance of cancer for families with MSH6 mutations, as that for families with MLH1 and MSH2 mutations. Patients with a strong family history of colorectal cancer who test negative for MLH1 or MSH2 should speak with their physician about testing for MSH6, as well as the frequency of screening.
Reference: Plaschke J, Engel C, Kruger S, et al. Lower Incidence of Colorectal Cancer and Later Age of Disease Onset in 27 Families With Pathogenic MSH6 Germline Mutations Compared With Families With MLH1 or MSH 2 Mutations: The German Heredity Nonpolyposis Colorectal Cancer Consortium. Journal of Clinical Oncology. 2004; 22: 4486-4494.
http://patient.cancerconsultants.com/news.aspx?id=32833
Study links milk drinking with ovarian cancer
December 20 2004 at 11:22AM
Washington - A US study based on research in Sweden shows that consuming milk could increase the risk of ovarian cancer.
A study involving more than 60 000 women in Sweden found that drinking more than two glasses of milk a day significantly increased the chances of the most serious form of ovarian cancer.
It follows past claims that dairy products are linked to certain types of cancer, including breast and prostate cancer.
The study, published in the American Journal of Clinical Nutrition, followed 61 084 women aged 38 to 76 whose diet was assessed between 1987 and 1990 using a food-frequency questionnaire. They were followed up for around 13 years.
During this time a total of 266 women were diagnosed with ovarian cancer, of whom 125 had serious ovarian cancer.
The researchers, led by Dr Susanna Larsson from the Karolinska Institute, found that women who consumed more than four servings of dairy products a day had twice the risk of serious ovarian cancer than women who had fewer than two.
They found that milk had the strongest link with ovarian cancer, with those drinking two or more glasses facing double the risk of those who consumed it never or seldom.
The team concluded: "Our data indicate that high intakes of lactose and dairy products, particularly milk, are associated with an increased risk of serious ovarian cancer but not of other sub-types of ovarian cancer."
Despite the study other medical experts point to the benefits of milk and dairy products which they say is crucial in maintaining healthy bones and preventing osteoporosis in later life. - Sapa-dpa
http://www.iol.co.za/index.php?click_id=31&art_id=qw1103524743335B243&set_id=
Another child with ties to Fallon diagnosed with leukemia
By SANDRA CHEREB ASSOCIATED PRESS
RENO, Nev. (AP) - The toddler of a military family with ties to the Fallon area has been diagnosed with childhood leukemia, officials at Naval Air Station Fallon said Monday.
State health officials could not immediately be reached to comment on whether the case is the latest in a childhood leukemia cluster that has stricken the rural farming community 60 miles east of Reno.
Since 1997, 16 children with ties to Fallon have been diagnosed with leukemia. Three have died. In a town the size of Fallon, with about 8,300 residents, just one case of childhood leukemia would be expected in five years, according to health officials.
The latest case involves a 28-month old boy whose father is a Navy hospital corpsman, base officials said.
The toddler became ill earlier this month and initially was examined by doctors at Banner Churchill County Hospital and the naval base, officials said.
He was flown last Thursday to Children's Hospital in Oakland, Calif., where doctors on Saturday confirmed a diagnosis of acute lymphocytic leukemia, officials said.
Base spokesman Zip Upham said Navy officials alerted the state Health Department after the diagnosis was confirmed.
Upham said the boy's father wasn't based in Fallon but has been attending surgical technician school in San Diego, Calif., since April.
His wife and children have been staying in Fallon near family members, Upham said.
State and federal health experts studied Fallon's cancer cluster for more than two years, testing water, dirt and taking blood samples from residents searching for clues into why so many children were developing leukemia.
Tests could not pinpoint a cause.
"We were hoping we'd get more information here," Dr. Malcolm Smith of the National Cancer Institute said in February when a final report was presented to the community.
"The studies didn't do that - but they certainly told us a great deal about what does not exist as health threats to the community."
The studies turned up no link to high levels of naturally occurring arsenic in Fallon's water supply, a pipeline carrying jet fuel to the Navy base, pesticide spraying, high tungsten levels, or an underground nuclear test conducted 30 miles away about 40 years ago.
Dr. Thomas Sinks of the Centers for Disease Control and Prevention said at the time, "All of us would love to be able to identify what causes childhood leukemia.
"We simply can't afford to be disappointed every time we fail."
http://www.lasvegassun.com/sunbin/stories/nevada/2004/dec/20/122010213.html
Doctors say herbal blend can help cancer patients
Abram Katz, Register Science Editor 12/19/2004
Yale University, the Ivy League bastion of Western science, is turning to ancient Chinese formulas to develop new medicines for the 21st century.
Already physicians have demonstrated that an 1,800-year-old Chinese recipe of four plants can apparently ease the side effects of chemotherapy while boosting the healing power of the anti-cancer drug.
These intriguing preliminary results must be expanded and reconfirmed, doctors said, but a crucial principle is clear — combinations of compounds could be the key to treating a variety of intractable diseases.
Specifically, researchers believe that modernized "polychemical" Chinese remedies hold hope for diseases of aging like cancer, Alzheimer’s disease and other neurodegenerative diseases.
Yale is among a handful of American institutions exploring Chinese medicine and may be the closest to bringing an FDA-approved drug into clinical use.
Yale scientists have established PhytoCeutica Inc. in New Haven as a base of business operations and have already developed a unique method to ensure chemically consistent products.
The very antiquity of traditional Chinese medicine supports its effectiveness, said Dr.
Edward Chu, chief of medical oncology at the Yale Cancer Center.
"Herbs have been used in the Orient for 2,000 years with clear efficacy. Experience was passed down from generation to generation to generation.
My great-grandfather was a Chinese herbalist," Chu said.
But Chu is hardly a supplement store flake.
Chu is internationally recognized for his research on why abnormal cells proliferate and sprout into cancer. He is currently studying novel treatments for colon cancer.
Chu hopes to apply the same rigorous research methodology on herbal medicines.
"The essence of Chinese medicine is multiple ingredients and all are key. You may need two ingredients for efficacy and two to prevent toxicity," he said.
This is more than mere theory.
Chu and colleagues are working on a traditional medicine that they call PHY906.
PHY906 interested Chu because the medicine is traditionally used to ease gastrointestinal problems — the same kinds that plague people receiving chemotherapy for colon cancer.
Yale pharmacology professor Yung-Chi Cheng said the research team did not want to reveal the mixture’s commercial name.
This is because identically named products from several sources may have completely different ingredients, or may vary significantly from batch to batch.
In fact, Chinese medicine can only be integrated into the modern system if the compounds are rigidly consistent, Chu and Cheng said.
And that is a whole challenge unto itself.
Cheng said there was every reason to believe PHY906 would work.
"Chinese medicine has been used for ages and keeps evolving. Many formulas are used today. If it were useless, people wouldn’t still use it," he said.
"Modern medicine is only 50 years old, so there’s a big gap. You either deny the history or you take advantage of its historical use," Cheng said.
Eventually, Chinese medicine will complement modern medicine, he said.
Western physicians are suspicious of Chinese medicine because it was developed empirically, rather than experimentally, Cheng said.
"Even if you have a medicine that is evidence based, if you can’t make it consistent, the material is not a medicine," Cheng said.
"If we can overcome those two issues, then Chinese medicine may be useful for unmet clinical needs," he said.
Yale conducted a clinical test of PHY906 on patients receiving chemotherapy. Out of 30 patients, 17 were evaluated, Cheng said.
The patients experienced less vomiting, nausea and diarrhea. And tumor progression was halted in all but two patients.
"This is very encouraging. It is a preliminary result," Cheng said.
Another study of PHY906 is under way on patients with liver cancer at Yale and the City of Hope National Medical Center in Los Angeles.
The mixture seems to aid chemotherapy by increasing absorption in cells. PHY906 also apparently affects a protein involved in regulating cell proliferation, transformation and tumor development.
"This may be a totally novel way of treating diseases," Cheng said.
Cheng, Chu and PhytoCeutica analyzed the components of PHY906 using mass spectrometry and liquid chromatography. Both methods basically separate chemicals by molecular weight.
PHY906 contains about 150 different chemicals, about 90 of which have been identified. Eight of the compounds seem essential to the mixture’s effectiveness.
PhytoCeutica has developed a new way to test the consistency of the ingredients they will combine to produce PHY906.
A human cell culture is exposed to compounds.
The cells respond by producing proteins. During protein synthesis, messenger RNA is formed.
Robert Tilton, vice president of science and technology at PhytoCeutica, said the RNA is then traced back to the DNA from which is was encoded, using conventional DNA-chip technology.
About 200 to 300 genes out of 30,000 are either activated or inhibited by the mixture, Tilton said.
"We can quickly generate a unique gene pattern.
The novelty is to use this for quality control," he said.
Eventually, the technique will be useful in determining the mixture’s biological activity, but that work could take several years, Tilton said.
Meanwhile, the gene pattern can guarantee consistency to better than 90 percent.
"We have insight into how it’s working. There are multiple mechanisms," he said.
The FDA has provisions to approve botanicals as prescription drugs, and PHY906 is going through the conventional testing process, he said.
"We want to shift the focus from single molecules to collections of molecules to add a new level to Western medicine," Tilton said.
"In a way, we’re rediscovering the past, but with rigorous methodology," he said.
http://www.nhregister.com/site/news.cfm?newsid=13586119&BRD=1281&PAG=461&dept_id=517515&rfi=6
Judge Osteen's Ruling on the Tobacco Industry's EPA Lawsuit: Summary and Practical Implications
R.J. Reynolds Tobacco Company 7/23/98
Court Findings
A Federal Court has ruled that the EPA wrongly classified secondhand smoke as a Group A (known human) carcinogen.
Contrary to statements by the EPA Administrator, the Court’s ruling was not merely procedural. Among other things, the Court found (pp. 89-90) that EPA:
- "publicly committed to a conclusion before research had begun"
- "adjusted established procedure and scientific norms to validate the Agency’s public conclusion"
- "aggressively utilized the Act’s authority to disseminate findings to establish a de facto regulatory scheme intended to restrict Plaintiff’s products and to influence public opinion"
- "disregarded information and made findings on selective information"
- "failed to disclose important findings and reasoning"
- "left significant questions without answers"
- "did not disseminate significant epidemiologic information"
- "excluded industry by violating the [Radon] Act’s procedural requirements"
- "deviated from its Risk Assessment Guidelines"
The Court noted as "particularly relevant" the fact that the EPA’s own internal risk assessment experts had told the Agency that the Risk Assessment did not support a Group A classification (p.64): "EPA’s Risk Criteria Office, a group of EPA risk assessment experts, concluded that EPA failed to reasonably explain how all relevant data on ETS, evaluated according to EPA Risk Assessment Guidelines’ causality criteria, can support a Group A classification."
The Court concluded that: "EPA produced limited evidence, then claimed the weight of the Agency’s research evidence demonstrated ETS causes cancer."
Bottom Line
It may be politically correct to attack secondhand smoke, but it is not scientifically correct nor, in the Court’s opinion, legally correct.
The Court’s ruling clearly confirms that:
- EPA deliberately misled the American public about the science concerning secondhand smoke.
- EPA was guilty of major scientific and procedural errors in preparing its Risk Assessment.
- EPA cherrypicked information, changed the standards of scientific inquiry and tortured the data to reach a predetermined conclusion.
- EPA abused its power and authority in an effort to force regulation on secondhand smoke when the scientific basis for the EPA’s claims simply did not exist.
Practical Implications
- While it is unlikely that there will be a rush to overturn smoking bans and restrictions currently in place, this ruling raises serious questions about whether there is a legitimate basis for severe and overly restrictive smoking regulations.
- Any legislative body currently considering smoking regulations cannot rely on EPA’s now invalid claim that secondhand smoke is a known human carcinogen.
- This ruling should create a new environment to foster the development of practical and reasonable solutions that accommodate the preferences of smokers and nonsmokers alike.
- Since the ruling goes to the very heart of the science concerning secondhand smoke, it supports the industry’s contention tha
Posted at 10:13 am by looped_ca
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