Nine F-M businesses fail tobacco compliance check

By: Forum staff reports, INFORUM
FARGO – The Fargo and West Fargo police departments, with assistance from Fargo Cass Public Health, conducted tobacco compliance checks Wednesday.
In Fargo, 63 businesses were checked and seven failed, and in West Fargo, 11 businesses were checked and two failed.
Business that failed in Fargo were: Petro Serve USA, 2903 Main Ave.; Petro Travel/Fuel Store, 4510 19th Ave. S.; Stop-n-Go, 204 42nd St. S.; West Acres All Stop Amoco, 3441 13th Ave. S.; Fargo South Pointe, 3202 33rd St. S.; Holiday Station Store, 2755 S. Brandt Drive; and Stop-n-Go, 602 23rd St. S.
Business that failed in West Fargo included: Petro Serve USA, 239 Main Ave. W.; and West Fargo Truck Stop, 1021 Main Ave. W.
http://www.inforum.com/event/article/id/412889/group/News/

House Dems call for cigar, e-cigarette regulations over 'kid-friendly' products

By Julian Hattem
A group of House Democrats is calling on the Obama administration to issue new rules for cigars and electronic cigarettes.
In a letter to the Food and Drug Administration (FDA) on Monday, the lawmakers asked regulators “to act quickly” with new rules for the products, over which the federal government currently has little oversight.
“Manufacturers of e-cigarettes are taking advantage of this regulatory loophole to target children,” wrote Reps. Henry Waxman (D-Calif.), Diana DeGette (D-Colo.), Frank Pallone Jr. (D-N.J.) and John Dingell (D-Mich.). “As a result, some e-cigarette makers are producing products with kid-friendly flavors such as ‘Cherry Crush’ and ‘Cookies & Cream Milkshake.’ ”
A recent report from the Centers for Disease Control and Prevention (CDC) found that 1.78 million middle- and high-school students have used e-cigarettes, which vaporize nicotine without producing smoke.
“With over a million youth now using e-cigarettes, FDA needs to act without further delay to protect public health,” the lawmakers added.
The group of legislators also sent a separate letter to Republican leaders on the Energy and Commerce Committee, on which Waxman is the top Democrat, requesting a hearing on the health risks posed by the tobacco products and the FDA’s authority to impose new rules.
The FDA, which oversees cigarettes and smokeless tobacco, has been working on regulations to expand its oversight to e-cigarettes, cigars and pipe tobacco, which are currently exempt from its rules.
Those rules have been under development at the FDA for years.
Bringing the tobacco products under the agency’s jurisdiction could subject them to new fees and restrictions, which some tobacco companies have worried could unfairly single them out with overly restrictive rules.
Health organizations and some tobacco giants have backed the FDA’s efforts, arguing that new regulations would protect the public health and level the playing field for tobacco companies.
According to the Obama administration’s spring roadmap for new regulations, a proposal to expand the FDA’s oversight could be released in October.
Earlier in September, Senate Democrats used the CDC’s findings to encourage the FDA to “redouble” its efforts.
http://thehill.com/blogs/regwatch/pending-regs/322519-house-dems-call-for-cigar-e-cigarette-regulations#ixzz2fBmaZlYm

Top New York chefs want to ban 'tacky and intrusive' e-cigarettes from their restaurants

By MARGOT PEPPERS
As electronic cigarettes become more and more widely used, restaurant owners and chefs are having to take a definitive stance on the use of them in their own establishments.
While some fine dining eateries allow the glowing cylinders, others have banned them for various reasons, like the notion that they bother other patrons, their likeness to actual cigarettes, and even simply because they appear tacky.
Eric Ripert, for instance, chef and co-owner of Le Bernadin in Times Square, told Business Week that he personally disapproves of the electronic cigarettes because ‘I don’t find it elegant. It’s weird to see someone smoking with a plastic cigarette.’
While Mr Ripert dislikes the way e-cigarettes look, he does admit that he recently allowed a patron to smoke one at the table, mostly because it is still a new phenomenon, and therefore a rare occurrence.
Do or Dine chef and owner Justin Warner has a similar take on the battery-powered cigarettes.
He explained that while he lets his diners light up electronically at the table, he, too, has an issue with how the cigarettes look – especially the blue lights on the ends, which are ‘very tacky-looking’.
‘They look like a prop I would’ve had in my raver days,’ the chef added.
Labelled as a ‘healthy’ alternative to smoking and promoted by celebrities like Jennie McCarthy and  Stephen Dorff, electronic cigarettes have seen a tenfold rise in sales in the last year alone.
But just because they are more common now than ever doesn’t necessarily mean they will become a fixture in restaurants any time soon.
Carlo Mirarchi, who owns Williamsburg restaurant Blanca, says despite what the e-cigarette companies claim, they do have a ‘kind of odor’ to them.
As such, he says he wouldn’t allow them during meal time, but he wouldn’t be averse to customers lighting up at the very end of the night.
Gabriel Stulman, the owner of restaurants including Fedora and Jeffrey’s Grocery, has a stronger opinion and stipulates that no customer smoke cigarettes – electronic or not – indoors or outdoors.
According to the Virginia native, the practice is just as intrusive and distracting as someone playing music out loud from their iPhone.
‘Anyone smoking an e-cigarette is forcing their desires and interests on others in a manner with which the other party may not enjoy it,’ he says.
Sue Chan, a spokesman for Momofuku, explained that staff at their restaurants ask that guests don’t smoke electronic cigarettes because they are ‘disruptive’ to the other diners.
For Alex Stupak, however, who owns Mexican restaurants Empellon Cocina and Empellon Taqueria, the newness of e-cigarettes means his establishments have yet to come up with an official policy.
He added that because of their supposed odorlessness, it may prove difficult to ask patrons not to smoke them, which he says would be akin to asking them to get rid of a toothpick.
And Drew Nieporent, owner of the Myriad Restaurant Group, with establishments that include Nobu and Tribeca Grill, said that when it comes to e-cigarettes in his restaurants, it depends on the situation.
While he admits that his gut reaction would be to see it as just another form of smoking, he adds that he would only say anything if another guest were to complain.
Indeed, a large number of restaurateurs are of the belief that e-cigarette smoking is acceptable so long as it is not a bother to fellow customers.
Said the management at the Elm in Williamsburg: ‘We don’t mind them. We actually have had a few guests “light up” in the dining room.’
http://www.dailymail.co.uk/femail/article-2422651/Theyre-distracting-intrusive-customers—look-tacky-Why-New-York-chefs-want-ban-e-cigarette-fine-dining-restaurants.html#ixzz2fBktEMZz

Woman in graphic anti-smoking ad dies from cancer

Associated Press – CBS News
A North Carolina woman featured prominently in a graphic government ad campaign to get people to stop smoking died Monday of cancer.
Terrie Hall died at a hospital in Winston-Salem, N.C., federal officials said. She was 53.
“She was a public health hero,” said Dr. Tom Frieden, director of the Centers for Disease Control and Prevention, which conducted the campaign. “She may well have saved more lives than most doctors do.”
A former smoker whose voice box was removed years ago, Hall took a leading role in the campaign that showed how smoking-related cancer ravages the body. Officials believe the “Tips from Former Smokers” campaign led as many as 100,000 Americans smokers to quit.
Hall’s oral and throat cancer was caused by the cigarette smoking she began in high school, CDC officials said. This summer, the cancer spread to her brain.
Hall’s first ad showed her putting on a wig, putting in false teeth and covering a hole in her throat with a scarf. It was the campaign’s most popular spot by far, receiving more than 2.8 million views on YouTube.
It was the federal public health agency’s largest and starkest anti-smoking push, and its first national advertising effort.
In another ad, the Lexington resident addressed the camera in the buzzing sound of her artificial voice box. She advised smokers to make a video of themselves reading a children’s book or singing a lullaby. “I wish I had. The only voice my grandson’s ever heard is this one,” her electric voice growled.
http://www.cbsnews.com/8301-201_162-57603199/woman-in-graphic-anti-smoking-ad-dies-from-cancer/

Study: Kids of smokers are more likely to smoke

Written by:  HealthDay

Teens of a parent who smoked — even if the mother or father quit before the teen was born — are more likely to smoke than those whose parents are nonsmokers, a new study finds.
Having an older brother or sister who smokes also raises the odds that a teen will pick up the habit, the researchers report.
“These findings imply that any amount of smoking could have important influences on the next generation,” said lead researcher Mike Vuolo, an assistant professor of sociology at Purdue University. “Given the influence on the oldest siblings, this is especially the case in heavy-smoking households.”
Vuolo and co-author Jeremy Staff, an associate professor of sociology at Pennsylvania State University, analyzed data from a multigenerational study that has followed participants since 1988, when they were freshmen in high school, to 2011. They focused on 214 now-parents and 314 of their children aged 11 and older.
Annual survey results uncovered four patterns of smoking: teens who were persistent heavy smokers, teens who were light smokers who quit or reduced use, teens who started smoking later and nonsmokers.
Their children were then surveyed in 2011.
“Surprisingly, we found similar odds of smoking among the children for the three smoking groups (23 percent to 29 percent) compared with children of nonsmokers (8 percent),” Vuolo said.
In homes with a persistent heavy-smoking parent, the oldest sibling is influenced to smoke, which in turn increases the chances that younger siblings will smoke by six times, he added.
“We should educate young people that smoking at any time in their lives could have influences on their children. Also, preventative efforts should target heavy-smoking households, trying to break the cycle of influence on the oldest siblings,” Vuolo said.
The report was published online Aug. 5 and in the September print issue of Pediatrics.
Dr. John Spangler, a professor of family and community medicine at Wake Forest Baptist Medical Center, said there may well be a genetic component to these findings.
“This study confirms what we have already sensed, that there is a family history of tobacco use among many smokers,” Spangler said. “We know that people are more likely to uses substances like alcohol based on family history, the same holds true for tobacco use.”
This may point to a genetic predisposition to metabolize nicotine or dopamine differently, he said.
“We should encourage doctors to ask about a family history of smoking, because if there is a family history of smoking then that individual is more likely to be a smoker in the future,” Spangler said.
Parents who were former smokers should realize their child is more likely to become a smoker. These parents may want to discuss smoking with their children with an eye toward preventing it.
“This may also be a good way for physicians to counsel parents about and children about tobacco use — that there is this risk factor,” Spangler said.
Another expert agreed that parents who smoke should make every effort to quit, but said that further measures are needed.
“Even parents who are unable to quit should make their cars and homes smoke-free, send clear messages to their children about not smoking and support policies and programs like increased tobacco taxes, smoke-free laws and comprehensive prevention and cessation programs that are proven to reduce smoking among kids and adults,,” said Danny McGoldrick, vice president for research at the Campaign for Tobacco-Free Kids.
http://www.guampdn.com/article/20130916/LIFESTYLE/309160023/Study-Kids-smokers-more-likely-smoke

Check Up: Study of casinos raises alarm on secondhand smoke

By Don Sapatkin, Inquirer Staff Writer
A half-century after a U.S. Surgeon General’s report raised the alarm on tobacco, most Americans know that smoking may eventually cause lung cancer. Far less appreciated is what can happen just minutes – 60 seconds, according to some research – after taking in a breath of smoke, even secondhand.
In the bloodstream, platelets are activated and become sticky. They clump together to form clots that can cause a heart attack or stroke. They stick to artery walls, ripping the lining when blood flow increases and interfering with the vessels’ ability to expand and contract as needed.
“I’m sure you’ve heard, ‘If you’re having a heart attack, take an aspirin,’ ” said Stanton Glantz, a professor of medicine at the University of California, San Francisco. “Aspirin is an anti-platelet agent. And what the smoke is doing is exactly the opposite.”
His latest research, analyzing ambulance calls from casinos, illustrates the point.
Smoke-free laws in most of the country, including Pennsylvania and New Jersey, partly or completely exempt casino floors. Colorado’s law changed in the middle of the 13-year study period, offering what Stanton calls “a natural experiment” in secondhand smoke’s short-term effects.
On July 1, 2006, the state implemented a smoking ban in all workplaces, public spaces, restaurants, and bars; casinos were exempt. Ambulance calls in rural Gilpin County dropped 23 percent from locations other than its two dozen casinos, where they were unchanged.
Gambling floors were added to the law effective Jan. 1, 2008. Ambulance calls from casinos (and their parking lots) swiftly dropped 19 percent; every place else remained the same.
Numerous studies have found declines of roughly 20 percent in hospitalizations for various conditions after comprehensive smoking bans, Glantz said. That is likely due to a mix of short- and long-term factors: less secondhand smoke, more smokers quitting, and a snowball effect that further reduces smoking rates.
By focusing on emergency calls from casinos, which players visit for specific time periods, the new study was better able to isolate the near-instantaneous effects of exposure to secondhand smoke.
The study, published last month in the journal Circulation, did not track outcomes or reasons for the calls. Instances of wheezing, runny eyes, and elevated blood pressure weren’t recorded either, noted Jennifer Ibrahim, an associate professor of public health at Temple University, who studies tobacco and public health law.
“It is probably 10 times that for people who are experiencing symptoms, but might not need a trip to a hospital,” she said.
Tobacco companies have worked for years to exempt casinos from smoke-free laws, said Glantz and Ibrahim, who have each examined the links.
Delaware bans smoking in casinos. New Jersey exempts them, but defers to localities, and Atlantic City restricts smoking to 25 percent of the floor. Pennsylvania allows smoking in up to 50 percent of the casino floor and preempts all local smoke-free laws except Philadelphia’s – but supersedes it specifically for the gaming floor, where the city would prohibit smoking.
Glantz argues that lawmakers who say they are concerned about costs ought to read the research. “A heart attack is a lot of money,” he said, much of it paid by taxpayers.
http://articles.philly.com/2013-09-15/news/42083527_1_casinos-secondhand-smoke-smoking-rates

Study: Methol cigarettes are a gateway product for young people and smoking

by 
Young people are heavy users of menthol cigarettes, and their popularity is undermining efforts to reduce smoking in youths.
That is the conclusion of a new University at Buffalo study that comes out as the Food and Drug Administration is considering whether to limit or ban the sale of menthol cigarettes because of rising concern that the flavoring is more likely to encourage young people to start smoking and that menthol smokers are more addicted.
Authors of the UB study say their work adds to the scientific evidence and should be reviewed by the FDA, which just pushed back the deadline for public comment on potential government regulation to Nov. 22.
The results, which were published online in the journal Tobacco Control, are based on national data from 2004 to 2010 of about 390,000 people age 12 and older. Among the conclusions:
— Menthol cigarette use was more common among 12– to 17-year-olds. Among smokers, nearly 57 percent in this age group used menthol cigarettes. By comparison, about 31 percent of older persons used mentholated cigarettes.
— Those most likely to smoke menthol cigarettes were young, female and black.
— For adolescents, the percentage who smoked non-menthol cigarettes decreased, while menthol smoking rates remained constant. For all young adults, the percentage who smoked non-menthol cigarettes also declined, while menthol smoking rates increased.
— Two brands, Camel menthol and Marlboro menthol cigarettes, experienced notable increased use among adolescent and young adult smokers, particularly non-Hispanic whites.
“Overall menthol cigarette smoking has either remained constant or increased in all the age groups we studied, while non-menthol smoking has decreased,” said Gary Giovino, lead researcher and chairman of the UB Department of Community Health and Health Behaviors.
“Our study indicates that mentholated cigarettes are a ‘starter product’ for kids,” he said. “Menthol lessens the harshness of the smoke. It sweetens the poison.”
Giovino said some young people also believe menthol cigarettes are safer because they don’t feel as harsh as non-menthol cigarettes.
Funding for the research was provided by Legacy, a non-profit organization focused on reducing tobacco use.
“Our findings support that the presence of menthol cigarettes in the marketplace has slowed progress in reducing smoking prevalence in the U.S. This is of great concern given the tremendous health effects of smoking cigarettes,” Andrea Villanti, co-author of the study, said in a statement.
She is associate director for regulatory science and policy at Legacy’s Schroeder Institute for Tobacco Research and Policy Studies.
When the government passed the Family Prevention and Tobacco Control Act in 2009, the FDA banned all flavored cigarettes except for menthol to discourage minors from purchasing the products. But the law required the federal agency to review the science behind menthol cigarettes.
A committee concluded in 2011 that removing menthol cigarettes from the market would benefit public health.
In July, the FDA released a report on current science on menthol cigarettes, and it concluded that there is little evidence to suggest that menthol cigarettes are more or less harmful than non-menthol cigarette.
However, it said menthol probably encourages young people to start smoking and leads to greater addiction than non-menthol cigarettes.
The science is clear that menthol cigarettes pose a threat to public health, and they should be banned, according to a recent statement from Thomas Glynn, director of cancer science at the American Cancer Society.
Cigarette-makers take a different stance.
The best available scientific evidence demonstrates that menthol cigarettes have the same health effects as non-menthol cigarettes, and consumers should have the right to make a personal choice to use any legal product, according to a statement by Lorillard Inc., maker of Newport menthol cigarettes.
Newport is the top-selling menthol and second-largest-selling cigarette brand overall in the United States, the company says.
http://medcitynews.com/2013/09/study-methol-cigarettes-are-a-gateway-product-for-young-people-and-smoking/#ixzz2f4Mr21ZV

Smokers bypass new tax increase by rolling own cigarettes

Article by:  PAUL LEVY , Star Tribune
Minnesota smokers have found a way to beat the state’s new cigarette tax. They’re rolling their own.
Tobacco sales have slumped since the nation’s sixth-highest cigarette tax raised the price of a pack of cigarettes in Minnesota by $1.60 in July. But Twin Cities tobacco-shop owners say many customers are buying tobacco by the pouch — purchasing enough to roll at least two cartons’ worth of cigarettes for a fraction of the price.
The pouch tobacco is intended for cigarette rolling but is taxed differently because its wider cut classifies it as pipe tobacco, said Rich Lewis, owner of Lewis Pipe and Tobacco in downtown Minneapolis. A 1-pound pouch of rolling tobacco costs $23. Two cartons of cigarettes (20 packs) cost nearly $160, with the state excise tax now at $2.83 per pack.
“Most of my people are switching to roll your own,” said Yamen Haidari, general manager of Discount Tobacco in Fridley. “People tell me they’re getting two-and-a-half cartons’ worth of cigarettes for a little more than $20.”
A customer at the Tobacco Town shop in Anoka said she usually buys cigarettes by the carton. This week, she bought a pound of loose tobacco and two packs of cigarettes.
At Infinity Smokes in downtown Minneapolis, owner Tariq Hamouda said that he has seen an increase in loose tobacco sales and that “in neighborhoods and in the suburbs, they’re selling a lot more tobacco by the pound since the price of a pack went up to $8.”
The opening stems from a 2009 federal tax increase on cigarettes and cigarette tobacco that did not apply to pipe tobacco. “Any type of loose-leaf tobacco that was considered for cigarettes was relabeled as pipe tobacco, because it would not be covered under the federal increase,” said Mike Sheldon, a spokesman for Clearway Minnesota, an independent nonprofit that attempts to reduce tobacco use and secondhand smoke through research and collaboration. “There are taxes on other tobacco products, besides cigarettes, but they’re different.”
In Minnesota, the tax on loose tobacco is substantial — 95 percent of the wholesale price — but that still is generally less expensive than traditional cigarettes.
The Minnesota Department of Revenue has yet to determine whether the new taxes have sparked an increase in loose-tobacco sales, said department spokesman Ryan Brown. But Gary Foss, a clerk at Tobacco Outlet Depot in Minneapolis, says there’s no question. “We’re selling more pouches and e-cigarettes. It’s gotten very competitive.”
Tobacco sales, in general, were down last month in Minnesota. Lewis says his sales fell 75 percent when the tax initially took effect. Sales have rallied since, but not to the point they were before the tax increase, Lewis and other local store owners said.
It is too soon to say what the ultimate effect of the new cigarette tax will be on smoking in Minnesota, according to the Minnesota Management and Budget Department, which monitors the taxes collected on tobacco.
Dips in cigarette-related revenue are expected the first few months after a tax, said department spokesman John Pollard. August tobacco tax revenue was lower than expected, Pollard said.
Health-related, or perhaps cost-related, concerns over tobacco seemed to grow as sales dropped. The number of calls to Clearway Minnesota’s quit line increased 256 percent in the first week of July (compared to the same week in 2012). Online inquiries into quitting jumped 289 percent that week, Sheldon said.
There is also concern over the growing popularity of e-cigarettes. A recent survey showed one in five young people have used e-cigarettes the past 30 days, Sheldon said.
Some smokers are getting cigarettes out of state. Lewis says a customer in his 70s told him his sister ships him cartons of cigarettes from Missouri, where the excise tax is only 17 cents per pack, compared to Minnesota’s $2.83.
The only states with higher cigarette excise taxes than Minnesota are New York (the nation’s highest, at $4.35), Massachusetts, Rhode Island, Connecticut and Hawaii. Washington, D.C., has an excise tax of $2.86 per pack. In New York City, which has additional cigarette taxes, a pack of Marlboro Red cigarettes costs $14.50.
States surrounding Minnesota all have lower cigarette excise taxes, but Twin Cities smokers are not likely to flock to Wisconsin, where the cost is just 31 cents less per pack.
The most dramatic difference is in North Dakota, where the excise tax per pack is only 44 cents, or $2.39 less than in Minnesota.
“Why would anyone ever buy cigarettes in Moorhead?” Lewis asked.
http://www.startribune.com/politics/statelocal/223778101.html?page=1&c=y

DoD starts new effort to get troops, employees thinking healthy

By Patricia Kime
Staff Writer
Summertime refused to cede to fall Thursday in Falls Church, Va., as temperatures soared to 90 degrees and the Pentagon’s top doctor led a shorts-clad group on a fast-paced 1-mile run at the future Defense Health Agency headquarters.
The sweaty PT session marked the kickoff of the facility’s participation in the Defense Department’s “Healthy Base Initiative,” a nutrition and wellness program being field-tested at 14 military bases and offices nationwide.
The $6 million demonstration project is designed to assess the health of each facility’s population and improve it through healthy nutrition, physical activity and tobacco reduction.
Assistant Secretary of Defense for Health Affairs Dr. Jonathan Woodson said the Healthy Base Initiative will determine what health and fitness programs actually work and should be implemented DoD-wide.
“Society at large is dealing with the issue of health, nutrition and weight gain, and we need to take this on full force, having a good strategy to do better,” Woodson said.
The Defense Department spends $3.2 billion on obesity-related disease treatment and tobacco-related illnesses and treatment each year, said Charles Milam, principal director for military community and family policy.
A 2011 survey of active-duty members indicated that a quarter of troops smoked, while roughly 13 percent were classified as obese and 51 percent were considered overweight.
The numbers are even worse for military retirees: More than 40 percent of the youngest retirees, ages 40 to 49, are obese, according to DoD data.
Under the Healthy Base Initiative, participating facilities were given a baseline assessment of certain health metrics, including aggregate weight, tobacco use and fitness program participation.
Individual bases are left to determine how they will improve their numbers and the facilities will be reassessed after a year, said Capt. Kim Elenberg, director for medical readiness and training for the U.S. Public Health Service.
At Defense Health Headquarters, changes have included hosting a farmer’s market on Thursdays, banning smoking from the 44-acre campus, mapping out indoor walking trails in the building and an outdoor running path.
Officials acknowledge they face an uphill battle in changing habits, even on a day set aside to gin up enthusiasm for the program.
At the kickoff, fewer than 10 percent of the 3,000 employees at the Defense Health Headquarters showed up for the festivities. The most popular kiosks at the farmer’s market include the bread tent and the home-baked goods. Some employees dropped out of the run/walk.
To be fair, it was hot.
“It’s going to to take a while, but I do think it’s going to work,” said Navy Capt. Tonya Hall, vice chief of staff for the Bureau of Medicine, who participated in the festivities despite being in full uniform.
“Initiatives like this really go a long way to bringing this to people’s minds, because that’s half the battle, making people think about healthy habits,” she said.
Personnel at participating bases could see new programs, such as weight loss groups and fitness classes, revamped chow hall menus and new vending machine choices. Additional plans include an online assessment tool for personnel, family members and retirees to measure their overall health and map out plans for improvement.
What participating bases won’t see is the removal of base fast-food restaurants or snack foods from commissary shelves, Elenberg said.
“That’s not our goal. What we want to do is increase health literacy and offer healthy choices. If we can do that, if we can have farmer’s markets, teach parents how to pack a healthy lunch, encourage people to kick their tobacco habits, we can succeed,” she said.
The participating bases and facilities are: Fort Bragg, N.C.; Fort Sill, Okla.; Joint Base Pearl Harbor-Hickam, Hawaii; Submarine Base New London Conn.; Mountain Home Air Force Base, Idaho; Yokota Air Base, Japan; Marine Corps Air Ground Combat Center, Twentynine Palms, Calif.; Marine Corps Base Quantico, Va.; Coast Guard Air Station Cape Cod, Mass.; March Air Reserve Base, Calif.; Fort Meade, Md.; Camp Dodge, Iowa; and the Defense Logistics Agency, Fort Belvoir, Va.
http://www.navytimes.com/article/20130913/NEWS/309130026/DoD-starts-new-effort-get-troops-employees-thinking-healthy

Panel sides with ND in tobacco money dispute

By: JAMES MacPHERSON , The Associated Press
BISMARCK — An arbitration panel has sided with North Dakota in a dispute over payments from a 1998 multistate settlement with tobacco companies, ending a decade-long legal fight, Attorney General Wayne Stenehjem said Thursday.
Tobacco companies had withheld $2.6 million from North Dakota’s 2003 annual payment, saying the state did not “diligently enforce” provisions of the 1998 deal. The settlement requires states to collect escrow payments on cigarette sales by tobacco companies that did not join the agreement.
The three-member arbitration panel ruled Wednesday that North Dakota enforced the provision as required.
Thirty other states have been involved in similar disputes. Stenehjem said 16 have settled, eight have received favorable arbitration decisions and six unfavorable decisions.
The state Supreme Court in 2007 ruled that the dispute should be handled by an arbitration panel, not the courts. Stenehjem said attorneys from his office have been working on the case for 10 years.
“This is a big victory for us,” Stenehjem said. “It’s been a very time-consuming process.”
The 1998 settlement resolved state legal claims over tobacco marketing and the cost of treating tobacco-related health problems. The tobacco companies that took part agreed to pay more than $200 billion to the states over 25 years.
North Dakota has received nearly $339 million in payments since 1999, Stenehjem said. North Dakota divides the money among funds that benefit education, water projects and state and local health initiatives.
The panel’s decision means North Dakota’s 2003 payment of $23 million is no longer in question, though tobacco companies can still launch challenges for other years, Stenehjem said.
“With the solid victory we received from the panel, it’s far less likely for tobacco companies to claim that we weren’t diligently enforcing provisions of the agreement for other years,” Stenehjem said.
North Dakota’s arbitration trial was held in Chicago last October. The decision by the panel, comprised of retired federal judges, cannot be appealed.
Stenehjem said he expects the $2.6 million withheld by tobacco companies to be sent to North Dakota immediately.
“I’m hoping the check is already in the mail,” Stenehjem said.
http://www.thedickinsonpress.com/event/article/id/71999/group/News/