News Archive 2008
News Archive 2008
These articles provide public health advocates and policymakers concise, up-to-date summaries of key legal developments affecting tobacco control in your communities.
November 12, 2008
Saudi Arabia sues tobacco importers
Saudi Arabia's health minister has filed a $34 billion lawsuit against tobacco importers, including U.S. companies, for costs of medical treatment for smoking-related illnesses. The lawsuit, seeking one of the world's largest damage claims, is also part of an effort to stem smoking in the kingdom. Read more about Saudi Arabia's tobacco lawsuit.
November 11, 2008
U.S. Veterans: Battling a legacy of tobacco use
With military personnel more than twice as likely to smoke or chew tobacco as other U.S. citizens, today’s soldiers and veterans face higher risk for smoking-related illness and death. Beyond long-term heart and lung disease and cancers, they routinely suffer immediate health concerns such as compromised recovery from injury and secondary infections associated with common illness. The Veterans’ Affairs (VA) website calls tobacco "one of the biggest public health challenges in VA today." Read more about smoking in military populations.
November 10, 2008
New Minnesota campaign promotes healthy eating
Blue Cross and Blue Shield of Minnesota is launching a statewide healthy eating campaign called “Every Helping Helps,” to increase Minnesotans’ consumption of fruits and vegetables and to improve Minnesotans' health in other ways. The project will provide community action and policy support in obesity reduction, chronic disease prevention, and improved access to healthy foods in homes, workplaces and schools. Learn more about the campaign. Visit the Every Helping Helps website.
October 29, 2008
New ‘cigarette drink’ launched in Europe
The new Liquid Smoking drink product, containing a mixture of roots from South African plants, is said to cause consumers to experience effects similar to those of nicotine. Health advocates question the product's unsubstantiated health claims, unregulated drug additives, and the lack of an age restriction for consumers. Read more about Liquid Smoking.
October 16, 2008
Appeals court hears historic civil racketeering case against the tobacco industry
This week, the U.S. Department of Justice and Public Health Intervenors, including the American Lung Association, presented oral arguments before the United States Court of Appeals in the landmark civil racketeering case against the tobacco industry. The plaintiff-intervenors argued that the Court of Appeals should permit the District Court to impose a wide variety of remedies on Philip Morris and other U.S. cigarette makers. Read more about this historic tobacco case.
October 15, 2008
New smokeless tobacco products designed to attract youth, keep smokers in nicotine
R.J. Reynolds has announced plans to test-market three new smokeless tobacco products that dissolve in the mouth, come in "fresh" and "mellow" flavors and have slick, colorful packaging similar to gum and candy. Called “Sticks,” “Strips,” and “Orbs,” these products are marketed under the Camel brand, one of the most popular brands among underage smokers. Public health advocates predict these new products will result in more kids starting to use tobacco products and fewer smokers quitting. Read more about new smokeless tobacco products.
October 13, 2008
More U.S. college campuses going smoke-free
Over 140 U.S. college campuses are completely smoke-free today, triple the number of a year ago. The latest major development came last month, when the Pennsylvania State System of Higher Education announced a smoke-free campus policy at all state-owned universities. An additional 30 campuses are smoke-free with a few exceptions, such as designated smoking outdoor areas, and at least 500 campuses have smoke-free policies in residential housing. Read more about smoke-free U.S. colleges.
October 7, 2008
U.S. Supreme Court considers Altria v. Good
The tobacco company Altria Group is asking the high court to block a class action lawsuit by a group of Maine smokers who say they were misled by the company's labeling of cigarettes as "light" or "low tar," which caused those smokers to believe that these products were a safer alternative to regular cigarettes. Altria has said the case should not move forward, arguing that claims like these are preempted by the Federal Cigarette Labeling and Advertising Act of 1965 and by virtue of the Federal Trade Commission’s requirements on the manufacturers. Read more about this case. Read the U.S. Supreme Court transcript. PDF, 123 Kb
October 3, 2008
India goes smoke-free
On Thursday, India − home of more than 120 million smokers − became the largest country in the world to enact a nationwide smoke-free law. The Indian law prohibits smoking in workplaces and public places, including hotels, restaurants, coffee houses, pubs, airport lounges, shopping malls, cinemas, educational institutions and libraries, hospitals, auditoriums and railway stations. Read more about India’s new smoke-free law.
September 29, 2008
Tobacco Control Legal Consortium cited as national model for delivering legal services
The Tobacco Control Legal Consortium was singled out for praise in the September 2008 Journal of the American Society of Law, Medicine and Ethics, in an issue that explores ways legal support can be provided to America’s public health departments to improve their performance. The article, “Building Public Health Law Capacity at the Local Level,” was based on a report commissioned by the Public Health Law Association and funded by the Robert Wood Johnson Foundation.
The authors, Diane Hoffman and Virginia Rowthorn, law professors and directors of the Law & Health Care Program at the University of Maryland School of Law, review various relevant models and organizations that provide legal technical assistance to the U.S. public health community. Based on their analysis, they identify nine characteristics of an “ideal” structure for delivering legal services and conclude that “an example of an existing structure that best reflects our proposed model is the Tobacco Control Legal Consortium (TCLC) and [its affiliated legal centers.] . . . . [The Consortium’s] combination of local-state based centers and a national coordinating body has been very successful in promoting tobacco control policy and legislation over the last five years. Its successful hybrid structure generally meets the criteria we set forth as essential for a public health legal entity and is a practical model to study going forward.”
September 16, 2008
Hospitals' suit against tobacco industry is large in every dimension
Read more about City of St. Louis v. American Tobacco, a billion-dollar, 10-year-old tobacco case that could result in a landmark decision.
September 12, 2008
Pennsylvania goes smoke-free
Pennsylvania’s Clean Indoor Air Act, which prohibits smoking in most public places and work environments in the state, took effect Thursday. The smoke-free law includes several exemptions, including bars that generate less than 20 percent of their revenue from food and portions of casino floors and private clubs. Read more about Pennsylvania’s smoke-free law.
September 11, 2008
Survey finds dramatic decrease in Minnesota smoking rate
A new survey conducted by ClearWay Minnesota, Blue Cross and Blue Shield of Minnesota and the Minnesota Department of Health found that Minnesota's adult smoking rate has declined to a new low of 17 percent, down almost 5 percent since 1999. Other key findings: fewer young Minnesotans are smoking; the majority of Minnesota smokers want to quit and more are getting help; and higher tobacco prices and smoke-free policies help Minnesota smokers quit. Read more about the Minnesota survey results.
September 10, 2008
Walgreen sues San Francisco over tobacco sales ban in pharmacies
Walgreen Co. has asked a California state court to block implementation of a recently passed city ordinance banning sales of tobacco products at pharmacies, set to take effect Oct. 1. In the legal challenge, filed in San Francisco Superior Court, the Deerfield, Ill., drug-store chain alleges the new law is anticompetitive and unconstitutional, because it doesn't ban tobacco sales at grocery stores and wholesale clubs that also have pharmacies. Read more about Walgreen’s lawsuit.
September 9, 2008
S.C. Supreme Court upholds Sullivan’s Island smoke-free law
In a unanimous decision Monday, the South Carolina Supreme Court upheld the right of local municipalities to enact smoke-free laws in indoor workplaces. At the same time, the justices struck down the penalty for businesses that violate the ordinance – $500 and/or 30 days in jail – finding it unconstitutional because it criminalized conduct that is legal under state law. Read about the Sullivan’s Island decision. Read the Legal Consortium’s amicus brief in this case. (PDF, 126 Kb)
September 4, 2008
Youth who smoke more likely to have behavioral problems
A new study by the RAND Corporation finds that adolescents who try cigarettes by seventh grade are much more likely to become regular smokers and have behavior problems as teens. By the end of high school, 58 percent of young smokers engaged in two or more problem behaviors, including binge drinking, abusing and selling drugs and dropping out of school, according to the study. Read more about the study.
September 3 , 2008
Maine’s smoke-free car law goes into effect
Maine's new statewide law outlaws smoking in cars while children under 16 are present. The law authorizes $50 fines for violations after Sept. 1, 2009. California, Arkansas, Louisiana, and some Canadian provinces have similar laws. Read more about Maine’s smoke-free car law.
September 2 , 2008
New smoke-free cities: Lafayette, Indiana and Derby, Kansas
This week Lafayette, Indiana implemented a smoke-free ordinance, which covers all enclosed public places except tobacco shops, businesses that only allow people over age 21, and some hotel rooms. The Derby, Kansas ordinance prohibits smoking in all public places and places of employment in the city. Businesses may have outdoor smoking areas located a minimum of 20 feet from main entrances. Read about Lafayette’s smoke-free law. Read Derby’s smoke-free ordinance.
August 28, 2008
Report reveals rising obesity rates
According to a new report from the Trust for America's Health and the Robert Wood Johnson Foundation, more than 25 percent of adults today are obese in 28 states. In 1991, no state had an obesity rate above 20 percent. The report, F as in Fat: How Obesity Policies Are Failing in America, concludes that current healthy eating and active living polices are not being adopted or implemented at levels needed to turn around this health crisis. Read the news release. Read the full report.
August 26, 2008
Study shows California’s state tobacco program saved public $86 billion in health care costs
In a study published in the August 25 issue of Public Library of Science: Medicine, University of California San Francisco researchers evaluated health care savings that occurred as a result of California's state tobacco program between 1989 and 2004. They found that the program saved $86 billion – in 2004 dollars – while only costing the state $1.8 billion to fund the program, resulting in a 50-to-1 return on investment. The savings were due to the fact that the program prevented 3.6 billion packs of cigarettes from being smoked over the 15-year period. Read more about the study. Read the journal article.
August 25, 2008
Report finds smoking in movies influences teens’ decision to start
A National Cancer Institute (NCI) report released last week links teen smoking with exposure to movies and TV shows that feature tobacco product use. According to an NCI announcement, the report found “definitive conclusions that a) tobacco advertising and promotion are causally related to increased tobacco use, and b) exposure to depictions of smoking in movies is causally related to youth smoking initiation.” Read more about the NCI report.
August 14, 2008
American Lung Association releases mid-term report on smoke-free legislation
This week, the American Lung Association released the 2008 State Legislated Actions on Tobacco Issues (SLATI) Mid-Term Report, which summarizes legislative activity in 2008 on key state tobacco control policies, including smoke-free workplace laws, tobacco taxes and funding for state tobacco control programs. Read the SLATI report.
August 6, 2008
Study shows fast food kids’ meals unhealthy
The Center for Science in the Public Interest (CSPI) released a report showing more than 90 percent of children's meals at 13 major restaurant chains are too high in calories. Nearly half of kids' meals exceed nutritional guidelines for saturated and trans fat. Read more about fast food kids’ meals (Reuters), Read the CSPI report (CSPI).
AP Video: Study: Kids' Meals Loaded With Calories
August 5, 2008
Judge denies injunction request for Iowa smoke-free law
Yesterday, a Polk County judge refused to put on hold Iowa’s statewide smoke-free law, which covers most public places. A group of bar owners had sought an injunction, claiming the law was unconstitutional. District Judge Douglas Staskal said evidence, including studies showing smoke-free laws have not had a negative economic effect on restaurants and bars, was not strong enough to prove the bar owners would suffer substantial economic harm due to the smoke-free law. Read more about this ruling.
August 4, 2008
German court partially overturns smoke-free law
German politicians are calling for a comprehensive smoke-free law after the country's Constitutional Court partially overturned smoke-free laws in several states. The court found that individual state laws allowing bars to set up separate smoking and non-smoking areas gave large establishments an unfair advantage over one-room bars, and ruled that smoke-free laws must either cover all restaurants and bars or create new exemptions for single-room establishments. Read more about Germany’s smoke-free laws.
August 1, 2008
FTC report shows $1.6 billion in food ads target children
A new Federal Trade Commission report shows the nation's largest food and beverage companies spent about $1.6 billion marketing their products to children in 2006, as advertising has moved from tv to internet games, contests and social utilities. Read more about this FTC report. Download the FTC report. PDF, 2.8 Mb. Download the FTC report appendices. PDF, 3.4 Mb.
July 31, 2008
Los Angeles city council blocks new fast food restaurants in poor neighborhoods
The city of Los Angeles approved its third landmark public health legislative measure this week, adding a year-long moratorium on new fast food restaurants in poor neighborhoods to restrictions on plastic bags and trans fats. Read more about LA’s fast food measure. Download a draft of the ordinance. PDF, 633 Kb
North Carolina public schools go smoke-free
All of North Carolina’s public schools will implement a smoke-free policy this week. The policy prohibits smoking and all other tobacco use by anyone, at any time, anywhere on campus or at off-campus school events, such as field trips and football games. Read more about North Carolina’s smoke-free schools.
July 29, 2008
Gates' foundation money will aid smoke-free Olympics
The Bill and Melinda Gates Foundation has pledged to support a smoke-free Olympics through advertisements in line with Beijing’s anti-smoking campaign. During the Games, Beijing will prohibit smoking in most indoor public spaces, workplaces and spectator areas of open-air stadiums. Read more about the Gates smoke-free Olympics campaign.
July 28, 2008
Navajo Nation passes smoke-free policy
On July 25, the Navajo Nation Council has approved a measure that prohibits smoking and chewing tobacco in public places on its vast reservation, including such outdoor venues as rodeos and fairs. The measure does not affect tobacco used in ceremonies for traditional or religious purposes on the reservation, an area about the size of West Virginia that encompasses parts of Arizona, New Mexico and Utah. Read more about the Navajo smoke-free policy.
July 24, 2008
Bloomberg, Gates unite in global smoke-free campaign
New York Mayor Michael Bloomberg and Microsoft Corp. co-founder Bill Gates pledged $375 million to fight the global tobacco epidemic. The billionaires said the money will fund tobacco control advocates working with governments of developing countries such as India and China to curb tobacco use. Read more about the Bloomberg and Gates pledge.
AP Video: Gates, Bloomberg Pool Riches to Fight Smoking
July 23, 2008
AP Video: NYC restaurant chains post calorie info
July 22, 2008
Tobacco document libraries merge
Last week, the British American Tobacco Documents Archive was merged with the Legacy Tobacco Documents Library (LTDL), bringing the LTDL document count to over 50 million pages in 9.7 million documents. Visit the Legacy Tobacco Documents Library.
July 18, 2008
Research reveals tobacco companies use menthol to attract youth
Harvard School of Public Health researchers reviewed tobacco industry documents showing tobacco researchers tested menthol levels for their appeal to different age groups. The Harvard study concludes tobacco industry researchers knew menthol masked the harshness of cigarette smoke for first-time smokers, and deliberately manipulated menthol levels to make cigarettes more palatable to youth. Read more about Harvard’s menthol study.
July 17, 2008
New study: Tobacco companies were aware of radioactive materials in tobacco and tobacco smoke
According to a study reported in the latest American Journal of Public Health, tobacco companies have known for over four decades that polonium (PO-210), a radioactive substance, is present in tobacco and tobacco smoke. Tobacco companies then systematically suppressed and concealed information about PO-210 that they knew presented a danger to their consumers. Read a summary of this AJPH article.
July 16, 2008
Study finds dramatic decrease in adolescent activity
On July 15, the American Medical Association released study results showing a precipitous drop in physical activity as American children reach the teen years. While 90 percent of 9-year-olds get several hours of exercise most days, fewer than 3 percent of 15-year-olds do. Read more about this AMA research.
July 14, 2008
Study shows link between genetic factors and tobacco addiction in youth
Researchers at the University of Utah and the University of Wisconsin-Madison found common genetic variations affecting nicotine receptors in the nervous system can significantly increase the chance that people who begin smoking by age 17 will struggle with lifelong nicotine addiction. The new data will help physicians better tailor both prevention and cessation treatment. Read about the tobacco addiction study.
July 10, 2008
FTC proposes nullifying policy on statements concerning tar and nicotine yields
This week the Federal Trade Commission (FTC) proposed rescinding its 1966 policy against challenging cigarette manufacturers for marketing their products with claims that an FTC test shows that “light” cigarettes (“low in tar and nicotine”) pose fewer health hazards. Read more about the FTC proposal.
July 9, 2008
San Francisco restaurants sue over nutrition labeling law
A group of San Francisco restaurants has sued the city over an ordinance requiring chain restaurants to display certain nutritional information, including calories, carbohydrates, fat and sodium, on menus and visible posters. The lawsuit claims the ordinance lacks flexibility, will confuse customers, illegally skirts state and federal authority, and violates the restaurants' First Amendment rights. The ordinance is set to take effect September 8. Read more about the lawsuit.
July 8, 2008
Kenya goes smoke-free today
Kenya’s new nationwide smoke-free law goes into effect today. The law prohibits smoking in most public places and imposes additional regulations on the sale and promotion of tobacco products. Read more about Kenya’s smoke-free law.
July 7, 2008
Dubai prohibits smoking in private and public sports venues
As part of the Dubai Strategic Plan (PDF, 2.97 Mb), a comprehensive wellness policy aimed at protecting the public health, the Emirate of Dubai will prohibit smoking in public and private entertainment and sports venues. The policy focuses on strengthening and educating Dubai residents on the hazards of smoking and secondhand smoke. Read more about Dubai’s smoking ban.
July 1, 2008
Iowa Goes Smoke-free
Iowa’s Smokefree Air Act goes into effect today. Signed by Governor Culver on April 15, the law prohibits smoking in nearly all workplaces, including restaurants and bars, all public places and certain outdoor areas. Learn more about the Iowa Smokefree Air Act.
June 27, 2008
European regional WHO public health conference sets policy goals
This week, over 500 European ministers of health are holding a 2 ½ day conference to debate worldwide health issues, such as access to health care, transparent health financing and responsible public health spending. The participants are creating policy initiatives to encourage governments to be more accountable for the performance of their health systems. Find out more about the WHO public health conference.
June 26, 2008
New Zealand’s Public Health Bill addresses obesity
On Wednesday, June 25, a bill aimed at updating New Zealand’s public health laws, which are more than 50 years old, was reported back to Parliament. The Public Health Bill would enable the government to regulate a wide range of health issues, including rising obesity. Read more about New Zealand’s Public Health Bill.
June 25, 2008
British Columbia bans junk food vending in public places
On Tuesday, June 24, in an effort to reduce rising healthcare costs, the B.C. Ministry of Health approved a new policy, requiring food and drinks sold in vending machines in public buildings to meet nutritional guidelines. Public buildings include those that are owned or leased by the province, including hospitals, public universities and colleges, and Crown corporations. Read more about B.C.’s junk food vending policy.
June 24, 2008
U.K. smoke-free law linked to sharp decrease in heart attacks
Recent U.K. National Health Service figures show the number of heart attack cases have fallen by as much as 41 percent in the country since enactment of the law prohibiting smoking in public places. Drawing a connection between smokefree legislation and the decrease in heart attacks, the British Heart Foundation calls the smoking ban the "most significant public health initiative (in) this century". Read more about these U.K. health statistics.
June 20, 2008
Judge rejects challenge to Kansas City smoke-free law
A Jackson County judge denied a request for a preliminary injunction against Kansas City’s smoke-free law, sought by a group of area businesses, including restaurants, a bar, a tobacco shop and a bowling center. The group argued that the voter-approved citywide smoke-free law was unconstitutional. Read more about the Kansas City lawsuit.
June 17, 2008
Ontario bans smoking in cars with children inside
On Monday, June 16, Ontario’s legislature passed a bill that would prohibit smoking in cars with child passengers, pending royal assent. With comprehensive clean air legislation in effect since 2003, tobacco consumption in Ontario has fallen by more than 30 percent. Nova Scotia and British Columbia have already enacted similar legislation. Read more about Ontario’s smokefree car law.
June 13, 2008
FDA continues to investigate source of salmonella-tainted tomatoes
U.S. health officials have not yet located the source of the salmonella contamination that has caused illness in twenty-three states. The website www.fda.gov provides updated lists of safe regions for consumers. Read the latest about the salmonella outbreak.
June 11, 2008
Pennsylvania legislature passes comprehensive smoke-free bill
On June 10, the Pennsylvania Senate voted overwhelmingly to approve a bill that prohibits smoking in all public places including restaurants, hospitals, schools, sports facilities, and more. Governor Ed Rendell is expected to sign the legislation. Read more about Pennsylvania’s smokefree legislation.
June 9, 2008
U.S. Supreme Court grants review of Philip Morris v. Williams for third time
On June 9, the U.S. Supreme Court agreed to hear a Philip Morris USA appeal seeking to overturn a $79.5 million punitive damages award won by the widow of a longtime Oregon smoker who died of lung cancer. The Court’s earlier ruling set cigarette companies apart from other companies in not allowing enormous financial punishment for reprehensible corporate behavior. Read more about this Supreme Court ruling.
May 30, 2008
Exceptions to Omaha's smoking ban ruled unconstitutional
The Nebraska Supreme Court has ruled that the exemptions to Omaha’s smoke-free law for keno parlors and some bars are unconstitutional. The ruling will likely end the exceptions to the city ordinance even before a new statewide smoke-free law takes effect in June 2009.
» Read the Nebraska Supreme Court decision PDF, 106 Kb
May 28, 2008
WHO issues global public health strategies report
The World Health Organization’s commission on intellectual property rights, innovation and public health recently analyzed the global problem of inaccessibility of medical care for many of the world’s populations. Member States endorsed several strategies to improve access, including encouraging needs-driven research rather than market-driven research.
» Read more about the WHO global public health strategies report
May 27, 2008
Kansas City lawsuit challenges smoke-free ordinances
Nine bar and restaurant establishments sued the city government, arguing two recently adopted smoke-free ordinances, passed by a city council and voters, are unconstitutional. Read more about the Kansas City lawsuit.
May 23, 2008
Washington Post series examines childhood obesity
The Washington Post is currently running a five-part series entitled Young Lives at Risk: Our Overweight Children, searching for solutions. The series focuses on ways we are all responsible for the childhood obesity epidemic: parents, government, schools, communities, companies, the health system. Read the Washington Post’s childhood obesity articles.
May 16, 2008
Temporary injunction issued to Minnesota bar in ‘theater night’ hearing
On May 15, a Scott County District Court Judge found the smoking patrons at the bar’s ‘improvisational theatrical performances’ did not meet the criteria to qualify for an exemption from the statewide smokefree legislation passed in 2007. Read more about the ruling. Read the injunction. PDF, 519 Kb
May 1, 2008
Proposed Ontario law bans smoking in cars
This week, the Ontario government will introduce legislation banning smoking in cars when children are present. Several other Canadian provinces are already considering similar laws. Read about Ontario’s bill.
April 29, 2008
Nigerian health advocates unite to promote smokefree laws
Last week, a coalition of Non-Government Organisations held a press conference calling for the review of Nigerian tobacco control laws, focusing on the prevention of smoking among the nation’s youth. The announcement was made during on-going litigation that the federal and some state governments brought against tobacco companies. Read more about Nigeria’s smokefree campaign.
April 24, 2008
Atlantic City Casinos Go Smoke-free
Last night, the Atlantic City Council voted unanimously to require the gaming floors in all city casinos to be smoke-free by October 15. Patrons will still be able to light up in unstaffed smoking lounges set apart from the table games and slot machines. All of New Jersey’s 11 casinos are located in Atlantic City. Read about this smoke-free casino law.
April 22, 2008
2007 SLATI report is now available
Today, the American Lung Association released the 2007 edition of State Legislated Actions on Tobacco Issues (SLATI) report, a comprehensive summary of state tobacco control laws. The report documents current laws governing smoking restrictions, cigarette taxes, tobacco product distribution and advertising, and much more. Read the SLATI report.
April 14, 2008
Court Throws Out Cancer Victim’s Historic Damages Award Against Tobacco Companies
On Thursday, a New York appellate court reversed a 73-year-old lung cancer victim's $3.4 million compensatory damage award against two industry giants and threw out $17.1 million in punitive damages against Philip Morris USA. Read more about the Rose v. Brown & Williamson case.
April 10, 2008
Iowa Governor Expected to Sign Comprehensive Smoke-free Bill
On April 9, both chambers of the Iowa Legislature passed a bill that bans smoking throughout Iowa in 99 percent of workplaces and public places, including all bars and restaurants. Upon Governor Chet Culver’s signing of the bill, the law will take effect July 1. Read more about Iowa’s smoke-free bill.
March 24, 2008
Maggie Mahoney named "2008 Up & Coming Attorney"
Minnesota Lawyer has selected staff attorney Maggie Mahoney as one of its “2008 Up & Coming Attorneys.” This award is reserved for attorneys who have distinguished themselves during their first ten years in practice. Criteria for selection include leadership, professional accomplishment and service to the legal community. Honorees are selected based on nominations from law firms, legal associations, professional award recipients and other members of the state bar. Read more about the award.
March 21, 2008
Colorado Smoke-free Law Upheld
On March 20, 2008, the Colorado State Court of Appeals held that the Colorado state-wide smoke-free law is constitutional, despite the fact that it does not exempt indoor theatrical productions from its requirements. The Colorado law has also been upheld by a Federal Court of Appeals. Read the state court’s opinion. A New York Times article about this decision quotes Mike Freiberg, an attorney with the Tobacco Law Center. Read the article.
March 11, 2008
Ohio Smoke-free Law Upheld
A Hamilton County judge dismissed a constitutional challenge brought against Ohio's smoke-free law by bars and restaurants, rejecting arguments that the law is unconstitutionally vague and violates due process. Ohio’s smoke-free law is one of the strictest in the U.S., prohibiting smoking in nearly all indoor public places. Read more about the Ohio law.
March 7, 2008
Bars' ‘theater nights’ not exempt from statewide smoke-free law
The Minnesota Health Department announced Wednesday that it is prepared to punish bars that try to circumvent the state indoor smoking ban by using a theatrical production exemption. Read more about the announcement.
March 5, 2008
Uganda Appeals Court Dismisses Case Against Smoke-free Law
The Uganda Appeals Court has dismissed an appeal against a smoke-free law filed by former British American Tobacco Quality Controller Joseph Eryau. In 2001, Mr Eryau sued The Environmental Action Network, an organization that supports Uganda’s smoke-free law, arguing that the ban violated his constitutional rights as a smoker. Read more about this case.
February 29, 2008
Iowa Senate Passes Statewide Smoke-free Legislation
On February 27, the Iowa Senate passed a statewide bill (29-21) that would prohibit smoking in enclosed places of employment, including restaurants, bars, state veterans facilities, private veterans organizations, and outdoor entertainment venues, such as amphitheaters. The bill now goes before the Iowa House. Read more about Iowa’s smoke-free bill.
February 28, 2008
Mexico Passes National and Local Smoke-free Laws
On Tuesday, February 26, Mexico's Senate approved a nationwide smoke-free law. The federal law requires designated smoking areas for most public spaces and separate walled off rooms for smokers in restaurants and bars. Also Tuesday, Mexico City's legislative assembly passed a more comprehensive smoke-free law for any public space - including offices, malls, restaurants and bars. Read more about Mexico’s new smoke-free legislation.
February 27, 2008
Nebraska Governor Signs Statewide Smoke-free Law
On Tuesday, February 26, the governor of Nebraska signed a statewide smoke-free law that will go into effect in June 2009, prohibiting smoking in bars, restaurants and most other workplaces. Read more about Nebraska’s smoke-free law.
February 20, 2008
High Court Strikes Down Maine Law Regulating Online Cigarette Sales
The U.S. Supreme Court unanimously overturned a Maine law that regulates the delivery of tobacco products, which was written to guard against minors ordering cigarettes on the Internet. The Court held that state laws in this area are preempted by the federal laws controlling interstate trucking. In a concurring opinion urging Congress to remedy the regulatory gap the decision creates, Justice Ginsburg quoted from the Tobacco Control Legal Consortium’s amicus brief. Read the Rowe v. New Hampshire Motor Transport Assoc. opinion.
February 18 , 2008
Minnesota bar “theater” defies statewide smoke-free law
An exemption in Minnesota’s statewide smoke-free law has inspired tavern owners to put on theatrical performances, calling their customers actors so they can smoke cigarettes indoors with impunity. Designating bars as theatres may provide people with a chuckle, but as Tobacco Law Center Director Doug Blanke points out, “this is about health and secondhand smoke is a really serious thing.” Read more about the Minnesota bar “theater” performance.
February 12 , 2008
WHO releases report on global tobacco use and control efforts
The World Health Organization's report is the first comprehensive worldwide analysis of the tobacco epidemic. Read more about the WHO Report on the Global Tobacco Epidemic.
January 15, 2008
West Virginia Senate Considers Statewide Smoke-free Law
On Friday, January 11, 2008, two West Virginia Senators introduced Senate Bill 209, also called the Smoke Free West Virginia Act. As currently written, the bill would prohibit smoking in workplaces, including bars, restaurants, casinos and video game rooms throughout the state. Read more about this proposed West Virginia law.
January 14, 2008
10,000 or More Individual Suits Filed in Engle case Against Tobacco Manufacturers
Last Friday, January 11, 2008, marked the deadline for filing individual lawsuits in the wake of the Engel v. R.J. Reynolds class disbandment. In Engel, the U.S. Supreme Court held that all 700,000 members of the class in that case would have to file suit individually. Since then, attorneys and plaintiffs have been filing individual lawsuits across Florida. Although the number of lawsuits actually filed is not yet known, an estimated 10,000 lawsuits were filed by the Friday deadline. Read more.
January 11, 2008
Federal Government Fails Tobacco Control in 2007
The U.S. government received failing grades in the American Lung Association’s annual State of Tobacco Control Report. The 2007 Report tracks progress on key tobacco control policies and assigns grades to tobacco control laws as of January 1, 2008. Read more about this tobacco control report.
January 10, 2008
Virginia Governor Takes Lead on Indoor Smoking Prohibition
On Monday, January 7, 2008, Virginia Governor Tim Kaine called for a statewide prohibition on smoking in restaurants. This proposal revives a debate about smoke-free laws in the midst of tobacco country, and marks the first time Governor Kaine has taken the lead on the issue. Read more about this smoke-free debate.
January 9, 2008
California’s "Smoke-Free Cars With Minors Law” Takes Effect
On January 1, 2008, California’s Smoke-Free Cars with Minors law took effect. Under this law, if a driver is stopped by police for any reason and is found to be smoking in a car while a minor is present, the driver can be fined up to $100. Read more about California’s new smoke-free vehicles law.
January 8, 2008
South Carolina Supreme Court to Hear Arguments on Greenville's Smoke-free Ordinance
On Wednesday, January 9, the South Carolina Supreme Court will hear arguments on whether Greenville’s indoor smoke-free ordinance is preempted by state law. Greenville’s smoke-free ordinance was struck down by a lower court, which is in conflict with another lower court’s dismissal of a similar complaint in Sullivan’s Island. The South Carolina Supreme Court’s decision could affect smoke-free laws in at least ten other cities in the state. Read more about the arguments.
January 7, 2008
Illinois Goes Smoke-Free
On January 1, 2008, the Smoke-Free Illinois Act took effect. The act prohibits smoking in nearly all public places and indoor workplaces, including bars and restaurants. Read more about this Illinois smoke-free law.
January 1, 2008
American Lung Association releases 2007 report
The American Lung Association State of Tobacco Control 2007 report tracks progress on key tobacco control policies at the state and federal level and assigns grades to tobacco control laws and regulations enacted as of January 1, 2008. View the State of Tobacco Control 2007 website.