Bill diverts tobacco funds
No money would be allocated for smoking prevention activities from the Hawaii tobacco settlement special fund under a bill moving in the state House to deal with the state budget crisis.
Instead, the funding would be diverted to the state treasury.
House Bill 2887, introduced by House Speaker Calvin Say (D, St. Louis Heights-Wilhelmina), passed the House Finance Committee over heavy opposition and cleared the House on second reading. It is expected to be up for third reading this week.
The measure proposes transferring the tobacco prevention and control money to the state general fund for five years as of July 1. It also would require interest and earnings of the tobacco settlement special fund to be deposited in the state general fund.
Last year the Legislature pulled 25.5 percent into the state general fund from the Tobacco Prevention and Control Trust Fund, leaving 6.5 percent for anti-smoking programs.
That vanishes in HB 2887, which would increase the state general fund amount to 32 percent.
“Now is not the time to go backward,” testified Dr. Ralph Shohet, director of cardiovascular research at the University of Hawaii John A. Burns School of Medicine and president of the American Heart Association Oahu Metro board of directors.
“The investment that the state currently makes in tobacco prevention and control is relatively small when compared to the returns on that investment,” Shohet said in written testimony.
“Alternatively, the cost of not continuing that investment will be enormous, both when measured in dollars and more importantly when measured in the lives affected both directly and indirectly by tobacco addiction.”
Tobacco prevention programs are credited with reducing adult smoking prevalence to 15.4 percent, making Hawaii the fifth- lowest state in the nation for adult smoking. Smoking rates also have dropped to about 9.6 percent in high school youths.
But lawmakers have gradually reduced funding for tobacco prevention and control programs from about $10 million per year from 1999 through 2001 to $3.2 million this year as they siphoned the money for other purposes.
Shohet said, “Hawaii’s tobacco-control efforts are among the most successful health success stories in our islands’ long history. Now is the time to stay committed, celebrate that success and see this journey of enlightenment through to its full fruition.”
Routine stop uncovers 470 thousand contraband cigarettes and $1000 in cash
A man is facing federal and provincial charges after being caught with contraband cigarettes on Friday. A 1997 GMC 2500 truck from Quebec was initially pulled over by RCMP officers because it was missing a front license plate and had dark tinted windows.
RCMP say officers noticed the contraband cigarettes while speaking to the driver.
The car was heading westbound when it was pulled over by RCMP patrolling the Trans Canada Highway near Portage la Prairie.
A subsequent search led to 47 cases being uncovered, containing 470,000 cigarettes packed in individual cases.The total value of the cigarettes is $188-thousand dollars. Some marijuana and $1000 in cash were also found.
A 50-year-old Quebec man is facing charges under the Federal Excise Act and the Provincial Manitoba Tobacco Act.
Thousands of cigarettes stolen in cash and carry raid
THIEVES broke into a cash and carry in the Capital and made off with around 1,000 packets of cigarettes.
The suspects targeted the Booker Cash and Carry on Inglis Green Road in Longstone between 7:20pm and 7:35pm on Friday.
No suspects or vehicles were spotted during the break-in, but police said a vehicle would have been used to transport the goods away.
Officers are keen to trace the drivers of two private hire taxi vehicles that were seen on CCTV sitting at the entrance to B&Q next door just before the incident.
A police spokesperson said: “We are appealing for the two taxi drivers to come forward, as it is possible they may have seen some people or a suspicious vehicle in the area.
“We would also ask anyone else who might have been in the area at the time to get in touch. They may be able to provide some key descriptions of suspects, or suspicious vehicles, to help us trace those responsible.”
Couple Files Suit Over Smoking: Neighbor’s Cigarettes Affect Health, They Say
Jesus and Pat Martinez have lived in the North Valley home they built since 1962, and they recently celebrated their 50th wedding anniversary there.
But they say their enjoyment of it has been considerably diminished over the past two-plus years because of a neighbor whose heavy smoking at all hours has ended up coming through the vents of their home and causing adverse health effects.
The Martinezes tried putting an oscillating fan outside and installing air purifiers inside before Jesus Martinez finally went over to speak with the neighbors, he said in a phone interview. But the problem eventually led them to hire legal counsel and file a one-page civil complaint in Metropolitan Court against Linda Garcia for nuisance damages.
Jesus Martinez said when he approached Paul Marquez, the resident of the apartment the smoke was coming from, Marquez said, “It’s my wife.”
The Martinezes said they proposed the neighbors smoke in front of the house, instead of in the backyard, which adjoins the Martinez property.
“In my opinion it creates an inversion,” Jesus Martinez said. “Back before we sought counsel, it was really, really bad.”
Pat Martinez said even smoking in front of the house is bad, but better than in back.
In an answer to the complaint filed in Metro Court, Garcia wrote that the couple worked during the day and smoked four cigarettes at night.
Garcia claims stress and harassment from the Martinezes and lost rest because of the backyard fan.
“Our goal is to get this resolved through mediation,” attorney Charles Lakins, who represents the Martinezes, said Wednesday. He said the dispute is analogous to a barking dog case, which Metro Court routinely sends to mediation.
“Everybody recognizes that a barking dog can keep you awake and become a nuisance,” he said.
“To keep a case like this simple requires going to Metro Court and asking a neutral third party to decide the dispute that’s been ongoing over a year.”
PDQ Robbery
The Madison Police Department and Crime Stoppers need your help in identifying suspects in an Armed Robbery on the Westside of Madison. On Saturday, January 23rd, at approximately 4:15 am, the PDQ Store in the 7500 block of Mineral Point Road was robbed. Two suspects entered the store and demanded money after displaying a handgun. The suspects then fled on foot with an undisclosed amount of cash and cigarettes.
The suspects were both described at black males, 5’06” to 5’08” tall with medium builds. The suspect with the firearm was wearing a brown jacket with a white and black patch on the left sleeve along with a New York Yankee baseball hat with a sticker on the brim. The 2nd suspect was wearing a black coat with a small white patch on the lower front.
If you have any information about this robbery or can identify these suspects, please contact Madison Area Crime Stoppers at 266-6014 or text “Dane” and your message to CRIMES (274637). Individuals contacting Crime Stoppers can remain anonymous and may be eligible for a cash reward of up to $1000.
TN says Colombian cigarette maker owes $300,000
Tennessee’s attorney general has filed suit against a South American cigarette maker, claiming the company failed to make legally required payments.
In a lawsuit, the state claims Bucaramanga, Colombia-based cigarette company Procesadora Nacional Cigarillera S.A., also known as Pronalci S.A., owes $300,000 for cigarettes sold in 2009.
The state claims that money should have been paid into an escrow account to help Tennessee pay health-care costs the state must cover to treat smokers.
Tennessee and 45 other states signed a legal settlement agreement with the country’s four largest tobacco companies in 1998 to end state lawsuits over smoking-related illnesses and deaths.
Since 2000, Tennessee has received more than $1.5 billion from those companies through the settlement agreement, which expires in 2025.
Some states use the settlement money for payments to farmers to offset tobacco crop losses or for anti-smoking programs such as helping smokers quit.
Tennessee has been criticized because it funnels the payments directly into the state’s general fund, where it pays for government operations.
The agreement restricted the advertising, marketing and promotion of cigarettes. It also ordered the country’s largest tobacco companies to pay set costs based on cigarette sales to states to help offset the cost of smoking-related health care.
In exchange, states gave up claims that the tobacco companies had violated deceptive practice and consumer protection laws, Deputy Attorney General John Sinclair said.
Because they weren’t part of the original settlement, smaller companies like Pronalci don’t have to follow the same advertising rules, Sinclair said. But to get licenses to sell their products in Tennessee, all cigarette manufacturers are required to pay into separate escrow accounts.
Sinclair said 23 smaller cigarette companies pay into escrow accounts quarterly. If the state decided to sue those companies for tobacco impact payments, Sinclair said, it would seek access to the money in those accounts.
Tennessee is asking a judge to force Pronalci, which makes Poker brand cigarettes, to pay the full amount into the escrow account and is also seeking penalties.
Rat poo, cigarettes and raw meat
The results are in from the latest round of Tyler health inspections, and they are not good. From Gentry, to the Loop, and points in between we find out where inspectors had to watch their step.
Inspectors shut down Taqueria Jr’s located at 3815 SSW Loop 323 after finding rodent droppings underneath the prep area and next to cup lids. Tyler is also smoke free, but for some reason, cigarettes, a lighter and ash tray was also found inside. Cooked beef had to be thrown out. Raw beef was found above ready-to-eat food. Thirty-two demerits later, Jr’s Taqueria was allowed to reopen.
Inspectors also shut down Los Charles on 1510 E. Gentry Parkway because of unsanitary conditions. Rodent droppings were found there, too. The dishwasher wasn’t getting things clean, either. Mold spores were found on food containers and racks. An employee was also seen violating the handwashing rules. Total demerits? Thirty.
Next on our list is Carretas Cafe on 7011 S. Broadway. More rodent droppings were found, this time in the bar area. Rice and beans were improperly heated. A rusty can opener also needed cleaning. Handwashing rules were not being followed, and food labels were missing from some items. They received 29 demerits.
La Michoacana on 310 N. Beckham made this report. Things were not too clean in the meat department. Purses were also found on the food prep table. Inspectors also had to toss out pork, onions, tamales, rice, and beans during the inspection. Twenty-seven demerits were tallied.
At Jalpita Grocery on 813 Lindsey Lane, an employee was seen breaking handwashing rules. Cooked beef and cooked chicken were not heated properly. Raw beef was also being stored over tomatoes, giving them 21 demerits.
Several foods were improperly labeled at Carniceria Los Toros located at 1415 E. Erwin. Raw pork and raw chicken were dangerously stored together, perhaps because there was no certified food manager on-site. Knife racks also needed a good cleaning. Total demerits? Eighteen.
At Ming’s Cafe located at 5707 S. Broadway raw beef, egg rolls, and chicken were all out of temperature. Combining that with dirty utensils and a moldy ice machine yielded 18 demerits.
Convenience stores to fight cigarette, soda tax increases
Gov. David A. Paterson’s proposal to charge smokers $1 more in taxes on a pack of cigarettes — and consumers 16 percent more on a can of soda — is meeting opposition from area convenience stores.
Manley’s Mighty Mart President, August O. Kutchinski, said the New York State Association of Convenience Stores will fight the tax increases just as it did a few months ago when Paterson proposed similar increases.
Kutchinski said the increases hurt the stores but will hurt consumers more.
John Cordisco, who runs a convenience store at Robinson and Chenango streets in Binghamton, said customers don’t realize they will be affected by the tax increases even if they don’t smoke cigarettes or drink soda. That’s because retailers will increase the cost of other products to make up the money lost from cigarette sales, he said.
If the goal of the tax was to stop people from smoking, Cordisco said, the state should dedicate all the funds to smoking cessation programs. But that doesn’t happen.
What does happen is New York residents travel to Pennsylvania or Indian Reservations to avoid the tax, he said.
Police find thousands of illegal cigarettes in vehicle search along N.B. highway
RCMP say a 22-year-old Nova Scotia man faces several charges after police found thousands of contraband cigarettes in a search of a vehicle in New Brunswick last week.
The Mounties say they intercepted the vehicle on Highway 2 near St. Leonard, N.B., last Thursday.A search netted police 180,000 contraband cigarettes.
The unidentified man is scheduled to appear in court in Edmundston April 7.Police believe the cigarettes were destined for the Bedford, N.S., area.
The investigation continues.
Philip Morris Pushes Smokeless
Tobacco giant Philip Morris USA Inc. is urging the Food and Drug Administration to adopt a regulatory plan that would encourage smokers who can’t or won’t quit tobacco to switch to less-harmful smokeless tobacco.
Philip Morris and U.S. Smokeless Tobacco Co., both units of Altria Group Inc., said in a letter to the FDA late last month that a regulatory framework that takes into account the “continuum of risk” of different types of tobacco products could “have a significant public health benefit.”
The companies, based in Richmond, Va., filed the letter as part of a public-comment period in which the FDA accepted ideas for implementing the landmark law enacted last year that gave the agency broad authority to regulate tobacco products.The comments place the maker of Marlboro cigarettes and Skoal moist smokeless tobacco into a complex debate over how to reduce tobacco-related harm. The new law, the Family Smoking Prevention and Tobacco Control Act, empowers the FDA to implement strategies to curtail tobacco-related illness and death.
The companies argued in the letter that regulations that permit the industry to communicate to consumers about the lower dangers of smokeless-tobacco products could complement, rather than compete with, efforts to get people to stop using tobacco or to keep them from starting.
Matthew Myers, president of the advocacy group Campaign for Tobacco-Free Kids, criticized Altria’s letter, calling it “a ploy to weaken” standards established in the tobacco-regulation law. The law sets a high bar for health-related claims, stipulating that manufacturers demonstrate that the product significantly reduces the risk of tobacco-related disease for individual users and benefits the health of the U.S. population as a whole. “This is directly counter to the legislation that they supported,” said Mr. Myers, whose group coordinated support for the legislation.
Brendan McCormick, an Altria spokesman, said Philip Morris was “very consistent” in its letter in saying that the regulatory framework be based “on science and evidence.”
Philip Morris didn’t specify the types of regulations it might like to see from the FDA. David Adelman, an industry analyst with Morgan Stanley, said the FDA, “in theory,” might place lighter advertising restrictions on smokeless-tobacco products than on cigarettes or approve warning labels that highlight the lower risks of the products, among other scenarios.
“What Altria would like, and I think Reynolds would like, is an endorsement by the government that smokeless-tobacco products do indeed have significantly less risk,” Mr. Adelman said. “That could be a real boon to the category.”
Philip Morris’s comments are similar to those by rival Reynolds American Inc., the maker of Camel cigarettes and the No. 2 industry player in the U.S. after Altria. Reynolds, in an October letter to the FDA, said “real health benefits can result from encouraging the production of, the investment in, and the migration to lower-risk products.” Reynolds makes Grizzly moist snuff and Camel Snus, a type of spit-free smokeless tobacco.
Some public-health advocates support the idea of encouraging smokers to switch to smokeless products as a way to reduce tobacco-related disease. But others strongly oppose the strategy, saying it could prompt people who otherwise would never use tobacco to become addicted to it. Many scientific studies have shown that smokeless products carry lower health risks than cigarettes.
An FDA spokeswoman declined to comment on Altria’s letter but said the agency would “carefully consider all comments submitted by all parties when implementing the many provisions of the tobacco-control act.”
