The United Pro Choice Smokers
Rights Newsletter

April 23, 2004 Issue # 273 The Smoker's Club, Inc.


CONTENTS

1. Norway
2. CA Can't Require Extra Health Warning
3. Tax Tobacco Based On Risk Level
4. See the TV Commercial that infuriated New York's Mayor!
5. Secondhand Food
6. Bans Do Not Work
7. Industry and the Law
8. We Are Everyday People
9. From The Mailbag

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Norway:
New smoking ban a legal nightmare. A letter from the labor inspectorate has informed restaurant owners that only police have the legal authority to eject customers for transgressing the new smoking ban.
Smoking ban violates human rights. Ruled a breach of the European Human Rights Convention by the county administrator, who found that the right to smoke was part of the right to a private life.
Smokers ready to protest. The hotel branch is concerned, fearing not only loss of business but potentially dangerous arguments among customers that go beyond the bounds of what staff should handle.
CA Can't Require Extra Health Warning. California cannot impose stricter health warning label requirements for nicotine products than the U.S. government, the state's Supreme Court ruled.
Court backs GlaxoSmithKline on Calif. Labeling.
"The risk of harm may be so remote that it is outweighed by the greater risk that a warning will scare consumers into foregoing use of a product that in most cases will be to their benefit."
Nicotine Products Do Not Need Proposition 65 Warnings. Proposition 65 is apparently the only law in the country preserved by the savings clause. Kennard, however, said the savings clause only preserves the Proposition 65 requirements in situations where there is no direct conflict with the FDA.
Tax Tobacco Based On Risk Level. Excise taxes on tobacco products may be inevitable, but they don't have to be illogical. A common sense approach is to tax tobacco products according to risk. For Smokers Only.
See the TV Commercial that infuriated New York's Mayor!
Secondhand Food:
Secondhand Food. Aside from the fact that this study in itself reads like something from a sci-fi satire, and aside from it's (ostensible) proof that food itself is as addictive as cocaine, I think we now have the tip of a jackboot through the door to the dangers of (yes!) secondhand food! After all, if the mere sight and smell of food is proven to (duh) stimulate hunger and --cause people to... eat!-- and thus to grow dangerously and disgustingly obese!-- should people be allowed to eat in public? Can 900 lb Aunt Mergatroid's cancer actually be blamed on her living right next to an outdoor cafe and being forced to constantly and daily... witness food?
Bans Do Not Work:
In Gwinnett FL, smoking ban not going down easy. Police say it's hard to enforce the smoking ban because only smokers are punished, NOT the place of business. Authorities say they will ask the county commission to approve fines for businesses that don't enforce the ban.
Prison smoking ban 'unenforceable.'
NZ Smoke police get video-power to monitor pub puffers.
People Harmed by Smoking Bans.
Businesses Harmed by Smoking Bans.
Alcohol Prohibition Was A Failure.
Thirteen Years That Damaged America.
Tobacco and Other Taboos. By Burt Prelutsky. But how can we expect the world to improve when it refuses to learn from its mistakes? For instance, take Prohibition. Before 1920, most Americans who did any serious drinking were drunks. But once it became an illicit activity, everyone, including women and college kids, had to get into the act.
Industry and the Law:
Another Lawsuit against Tobacco Rejected. Court ruling stated that "the causal relationship between cigarette consumption and the disease suffered has not been certifiably proven". Likewise, it indicates that "smoking is a voluntary act" and that "it is public knowledge that tobacco is a legal substance, and cigarette packs have borne health warnings for more than twenty years." In addition, the ruling emphasises the information to this effect publicised in all the media.
Decreased Litigation Threat A Boon For Altria.
Congress - Reading the Tobacco Leaves. The approach gained currency when tobacco giant Philip Morris, which sells about half the country's cigarettes, broke ranks with the other manufacturers to support it.
Attorneys remain leery of cases against tobacco companies. In total, 25 cases Lybarger tried to get class action status for have been dismissed.
Criticism of court leads to ban on Atlanta law firm. The Madison County court system has come under increasing scrutiny by scholars, lawyers and tort reform advocates across the country. The American Tort Reform Association put the county's courts first on its list of 13 "judicial hellholes" nationwide.
We Are Everyday People:
Carry on Smoking. Last month, I looked one of my patients squarely in the face and said: "My advice to you is to go home, have a cigarette, and forget all this nonsense about giving up." This suggestion may fly in the face of all orthodox health education but, perversely, in her case it may actually prolong her life.
Fuming Sean has a fag in every pub. He said he will continue to puff openly in a different bar for the next year in a protest against the legislation.
Smoking pariahs. I am sick and tired of being treated like some kind of leper just because I do something that, in all honesty, is actually legal!
Boys Will Be Boys…Or Will They? By Linda Schrock Taylor. Boys most definitely should be allowed to be boys…and they could grow up more mentally and emotionally healthy…if government schools would stop trying to force boys - whether by the use of drugs, or the use of punishments - to act like girls.
In Defense of Carbs: By Linda Johnston, MD, DHt. Personally, I am sick and tired of all this mindless carb-bashing and the enormous amount of misunderstanding, misinformation and just plain wishful thinking behind it.
McDonald's adds healthy adult Happy Meals.
Women's Lung Cancer Epidemic. But for every lung-cancer death, $1,200 is spent on research, while more than $11,000 per death is devoted to breast-cancer research, based on National Cancer Institute data.

From The Mailbag:
AK: Smoking ban may go before voters. One proposal would extend smoking ban to businesses where minors are allowed.
CA: Smoking ban at beach a possibility.
CA: Smoking bill ignites controversy.
IL: Silvius-Gits Rallies Illinois Retailers.
IN: Columbus Considers Smoking Ban.
IN: Martinsville. Council Snuffs Out Proposed Smoking Ban.
IN: Crabb offers Bloomington's smoking ban lessons.
MA: Statewide smoking ban hits snag on Beacon Hill.
MS: A refreshing glimpse of common sense being used related to taxes and smoking bans. Thus far every single bill introduced in the 2004 session on the ban subject has died in committee.
NH: Free State Project. Operations Report.
RI: Rhode Island needs smoking ban.
WA: Smokers begin effort to modify Pierce ban.
WA: Seattle Mayor Kicks Off Drive For Statewide Indoor Smoking Ban.
WA: Tribe is ready to roll -- its own. Squaxins leverage tax break into a smoking business.
WA: Artists strike home with their cigarette-pack exhibit.
WI: Madison. Mayor signs on for smoking ban. Would take effect next summer.
WY: Anti-smoking proposal heats up. "I have the citizens of Laramie telling me I can't allow something in my business that's legal - I don't really think they have that say," he said.
Scotland: Bigger picture in smoking ban. I can't forget that Hitler started by being elected, then systematically removing individual freedoms.
More Smokers Rights News:
Austria ... Canada ... Ireland ... Massachusetts
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