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Ronald Motley, Lawyer Who Led Tobacco Lawsuits, Dies at 68

By Jef Feeley
Ronald L. Motley, a South Carolina lawyer who spearheaded lawsuits against tobacco companies that led them to agree to pay $246 billion in the biggest civil settlement in U.S. history, has died. He was 68.
He died yesterday at Roper Hospital in Charleston, South Carolina, Don Migliori, a partner in his law firm, said in an interview. The cause was complications from organ failure, he said.
Motley pioneered the development of mass-tort litigation to sue tobacco makers in the 1990s such as Altria Group Inc. (MO:US)’s Philip Morris unit and companies that sold asbestos-laden building products, such as Johns Manville Corp. He recovered billions of dollars for workers and consumers who blamed the manufacturers’ products for their illnesses.
“Ron Motley changed the playing field for individuals seeking to hold companies accountable in this country,” said Richard Harpootlian, a Columbia, South Carolina-based plaintiffs’ lawyer who had known Motley for 38 years. “He may well have been the best trial lawyer of his generation.”
The son of a gas-station owner in North Charleston, South Carolina, Motley became one of the U.S.’s most feared plaintiff lawyers. He could be seen striding across courtrooms in his “lucky” ostrich-skin boots and often used props to entertain jurors and annoy opponents.

Legal Fees

As part of the tobacco industry settlement, in which companies agreed to make payments to U.S. states to resolve claims that cigarettes caused public-health dangers, Motley’s firm was guaranteed at least $1 billion in legal fees, the New York Times reported in 1998.
William S. Ohlemeyer, a former in-house lawyer for Phillip Morris, who tried a tobacco case against Motley in Indiana, said he was a formidable opponent.
“It was impressive to watch him operate in the courtroom,” Ohlemeyer, now a partner at the law firm of Boies, Schiller & Flexner LLP, said in an interview. “He was a spectacular trial lawyer who worked hard for his clients.”
Filmmakers hired actor Bruce McGill to portray Motley in the movie “The Insider,” an account of tobacco scientist Jeffrey Wigand’s decision to blow the whistle on the tobacco industry’s knowledge about nicotine’s addictiveness. The film starred Russell Crowe as Wigand and Al Pacino as a TV journalist who covered Wigand’s story.

Asbestos Cases

Motley started his career as an assistant prosecutor in Greenwood, South Carolina. In the mid-1970s, he made a name for himself by filing the first suits against Manville and other companies that sold products such as insulation containing asbestos. Studies have shown the material can cause cancer and lung problems.
Motley and his law firm, Motley Rice LLC, have recovered hundreds of millions of dollars for workers injured by exposure to asbestos, said Jack McConnell, one of his former partners who is now a federal judge in Providence, Rhode Island. McConnell tried asbestos and other cases with Motley for 25 years before joining the bench.
“He could take very complicated liability evidence from the corporation’s own files and explain it to lay jurors in a simple and straightforward fashion,” McConnell said. “He despised it when people were hurt through corporate misconduct, and he thrived on getting them justice.”

Remembering Mother

For Motley, representing smokers who developed lung cancer was a personal matter, McConnell said. Motley’s mother was an ex-smoker who died from the disease in 1984.
“Ron said on many occasions that he was out to avenge his mother’s death from tobacco through the litigation,” McConnell said.
To make his case, the raven-haired Motley sometimes turned to unusual courtroom props. In an asbestos case in Baltimore, Motley donned a white lab coat and used a toy doctor’s kit as part of his cross-examination of a company’s medical expert, McConnell said. During closing arguments in that case, Motley used a squirt gun to spray a defense exhibit.
Defense attorneys for asbestos makers called him “the man who took down Manville,’” McConnell said. The company, now owned by billionaire Warren Buffett’s Berkshire Hathaway Inc. (A:US), sought bankruptcy protection in 1982 because of billions of dollars in asbestos liability.

Golden Retrievers

Motley’s lifestyle reflected his success. He owned a mansion on Kiawah Island off the coast of Charleston, a $15 million yacht named Themis for the Greek goddess representing justice, and a pair of golden retrievers named Chrysotile and Amosite, after different kinds of asbestos. In 1999, the lawyer hired the soul group Earth, Wind & Fire to perform at what was then his third wedding.
Motley’s hard-drinking lifestyle was documented in books, such as “Civil Warriors” by Dan Zegart.
“Ron’s vices were well known,” Ernest “Fritz” Hollings, a former U.S. senator from South Carolina, said of his friend yesterday in an interview. “He liked that bottle too much. But it didn’t stop him from being one of the best trial lawyers in history.”
Health problems confined him to a wheelchair the last several years, Migliori said.
Ronald Lee Motley was born on Oct. 21, 1944, in Charleston to Woodrow Wilson Motley and the former Carrie Montease Griffin. His father operated an Amoco gasoline station.
Motley received his bachelor’s degree in 1966 from the University of South Carolina in Columbia and, in 1971, a law degree. After serving as a prosecutor, Motley joined the law firm of Solomon Blatt Jr., a state legislator, in Barnwell, South Carolina. Motley began taking asbestos claims from workers at the nearby Charleston Naval Shipyard while at the firm.
Survivors include his wife, Stephanie Motley, and his daughter, Jennifer Motley Lee. His son, Mark, died in 2000.
To contact the reporter on this story: Jef Feeley in Wilmington, Delaware, at jfeeley@bloomberg.net;
To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net
http://www.businessweek.com/news/2013-08-22/ronald-motley-lawyer-who-spearheaded-tobacco-suits-dies-at-68

Mayor Emanuel Cracks Down on the Tobacco Industry over Marketing of Menthol Tobacco in Continuing Efforts to Reduce Tobacco Use Among Youth

FOR IMMEDIATE RELEASE:
Mayor’s Press Office
As part of his overall campaign to curb youth smoking, Mayor Rahm Emanuel today went after the tobacco industry to curb marketing practices that target youth. This call for action comes on the heels of a cease and desist and several notices of violation issued by the City of Chicago Department of Business Affairs and Consumer Protection (BACP) against tobacco giant R.J. Reynolds for the alleged distribution of tobacco coupons without a license. The City and Board of Health will investigate these practices further and consider additional actions the City can take to combat them through a series of Town Hall meetings that will take place is September.
“Flavored tobacco is a leading gateway to smoking addiction for our youth, which is why we must come together as a community to protect our young people from what too often becomes a lifelong and life threatening habit,” said Mayor Emanuel, “The City of Chicago will continue to pursue action against the tobacco industry as we look for innovative ways to eliminate menthol use among our youth. I will work with the Board of Health and Chicagoans from across the city to expand our efforts to combat youth smoking.”
BACP issued a notice of violation to R.J. Reynolds for the alleged distribution of discount coupons for menthol tobacco products without the appropriate license. The coupons allowed for the purchase of tobacco products for one dollar, an up to 90% percent discount from their retail price, and were distributed at a Lakeview bar on August 11th 2013. The City is investigating whether the company or its agents distributed any coupons at other locations and will continue to investigate illegal tobacco activities. In other efforts to protect Chicago’s youth, BACP has closely monitored and taken enforcement actions against businesses that sell tobacco to minors, with increased enforcement in safe passage zones.
Distribution of the coupons took place after Mayor Emanuel’s call to the Chicago Board of Health to investigate the impact of flavored tobacco, including menthol, on Chicago youth. At its August public meeting, the Board will consider a resolution to hold four Town Hall meetings to solicit input from the public as it considers additional policy options for reducing youth smoking.
The town hall meetings will be held from 6:30-8:00 p.m. on:

  • September 5 (Chicago State University, 9501 S. King Drive, Chicago, IL 60628)
  • September 10 (General Robert E. Wood Boys & Girls Club, 2950 W. 25th St., Chicago, IL 60623)
  • September 17 (Center on Halsted, 3656 N. Halsted St., Chicago, IL 60613)
  • September 19 (Austin Town Hall Park, 5610 W. Lake St., Chicago, IL 60644)

Following the town hall meetings, the Board of Health and Chicago Department of Public Health (CDPH) will release a comprehensive report detailing feedback from participants, including youth, as well as policy recommendations from public health professionals, scientists and other content experts to help Mayor Emanuel create a more comprehensive public health strategy.
“Menthol-flavored cigarettes have affected generation after generation of youths in Chicago and addressing the issue now is critically important to the health of our city,” said Dr. Bechara Choucair, Commissioner of CDPH. “With minority populations so disproportionately targeted by the tobacco industry, this is truly a matter of health justice and equity.”
In a letter to the Board on July 25, Mayor Emanuel highlighted the particular dangers menthol-flavored cigarettes pose to young people. Specifically, among African American youth ages 12-17 who smoke, 72 percent use menthol-flavored cigarettes. The numbers are nearly as high for LGBT and Asian American youth (71 percent for both groups) who smoke. In addition, nearly 50 percent of Latino youth who smoke use menthol-flavored cigarettes.
Furthermore, if smokers begin the habit before age 18, they are 75 percent more likely to smoke as adults. Put simply, menthol-flavored cigarettes attract youth who would not otherwise be smokers, and taking action to limit their use will have a positive effect on the community as a whole. Derived from the peppermint plant, menthol provides a deceptively minty flavor and cooling sensation in cigarettes, covering up the tobacco taste and reducing the throat irritation associated with smoking, particularly among first-time users.
“Big tobacco is using menthol-flavored cigarettes to turn our children into lifelong addicts,” said Dr. Carolyn Lopez, president of the Board. “By passing this resolution today, the Board stands with parents and youth across the city to help stop this problem and protect our families. Together, we will help ensure our youth have the opportunity to grow into healthy adults.”
This fall, CDPH’s Tobacco Prevention and Control program will launch a public awareness campaign that focuses on menthol-flavored cigarette use. These programs are part of Mayor Emanuel’s call to action under the City of Chicago’s Public Health agenda entitled “Healthy Chicago.” This is the first-ever comprehensive plan for public health put forth by the City and it continues to serve as a blueprint for a focused approach by CDPH to implement policies and systems changes to priorities and transform the health of Chicago.

'Cowboys get cancer, too,' says speaker at smokeless tobacco summit in Missoula

By Alice Miller
For nine months, James Capps didn’t have a bite of food. He had to pour nutrition drinks into a feeding tube to get nourishment while he underwent and recovered from treatment for oral cancer.
Smokeless tobacco is dangerous, and Capps’ story is the testament.
Capps is featured in a short video and advertising campaign in Oklahoma that shares his story. After the video’s first week on television, the number of people requesting tobacco-cessation aids jumped 300 percent.
Capps said he loves his new role as an advocate and hopes his story gives people the push they need to quit.
“You don’t need that crutch to be someone you want to be,” he said. “You should do it without tobacco.”
Capps traveled to Missoula from his hometown of Atoka, Okla., to receive the Cliff Niles Creative Media Award during the seventh National Smokeless and Spit Tobacco Summit, held at the University of Montana this week.
The summit, held every other year, focuses on prevention and research about smokeless tobacco. Hundreds of people from around the country are attending the summit, which features more than 70 presentations.
UM’s College of Health Professions and Biomedical Sciences hosted the event and received $32,250 from the National Association of Chronic Disease to plan the summit, which is the only national conference of its kind.
Smoking takes center stage when people talk about tobacco use, said Patricia Nichols, an independent consultant for Montana’s Tobacco Use Prevention Program and co-chairperson of the summit’s smokeless advisory board.
However, smokeless tobacco is just as dangerous. It causes cancer and contributes to cardiovascular disease, Nichols said.
“We want people to know that this isn’t a safe habit, even if your grandpa did it,” she said.
Smokeless tobacco use tends to be more common in rural areas because it allows manual laborers to get the kick tobacco provides without tying up their hands, she said.
And smokeless tobacco requires people to spit.
“Which is a lot easier in rural locations,” she said.
***
Tobacco companies are constantly putting new products on the market, she said, and the rise in smoke-free public spaces and businesses equates to a resurgence in use of smokeless tobacco products.
As with other tobacco products, companies are targeting the younger generation, because they need more people to replace those who have quit or died, Nichols said.
One way Montana is fighting back against tobacco company advertising to younger people is through a tobacco-free rodeo program.
In 2010, the Montana High School Rodeo Association agreed to the Montana Tobacco Use Prevention Program’s request for the organization to adopt a more stringent tobacco-free policy, said Crissie Hansen, a prevention specialist out of Dillon.
Most parents, rodeo workers and fans abide by the policy, which prohibits tobacco use by anyone during rodeo events.
“We really have not had any friction on it,” Hansen said in response to a question about community feedback on the policy during a presentation Tuesday at the summit.
In addition to the policy, about 200 rodeo athletes have taken a pledge not to use tobacco. Athletes must sign the pledge if they want to participate in the reACT rodeo series and have a chance at end-of-season prizes. reACT is a student-based program advocating against tobacco use.
The rodeo program is a way for health workers to reach kids where they play – venues where tobacco companies have traditionally excelled, said Alison Reidmohr, a health educator with the Montana Tobacco Use Prevention Program.
Changing how kids look at tobacco and its use helps alleviate peer pressure to do something that has been associated with the rodeo scene, she said, adding some athletes are sharing their personal stories through commercials.
***
Capps, the Oklahoman who’s speaking out against smokeless tobacco, said he knows well the pressure cowboys feel to use tobacco.
Capps was hooked by the time he was 15, and he began dipping because that’s what every good Oklahoma cowboy did.
“So I thought dipping snuff was the way to fit in,” he said.
Girls thought it was nasty.
“Well, we’d just get another girlfriend,” he said.
Thirty years after he began dipping snuff, Capps got oral cancer at the base of his tongue. Because doctors couldn’t get to the tumor surgically, they put a port in his neck and pumped chemotherapy drugs directly to the tumor – 24 hours a day, seven days a week for seven weeks.
He received radiation therapy five days a week over the same time. Now, he has difficultly speaking, suffers from dry mouth and must wash down every bite of food with water.
The risks of getting cancer were there for him to see.
“I believe everybody knows there’s that chance,” he said. “But the key thing is this: It will never happen to me.”
Today, Capps knows differently.
“Now I know cowboys get cancer, too,” he said.
http://missoulian.com/news/local/cowboys-get-cancer-too-says-speaker-at-smokeless-tobacco-summit/article_5445e1e2-ff04-11e2-b71d-0019bb2963f4.html

R.J. Reynolds Pulling Back on Dissolvable Tobacco Products

WINSTON-SALEM, N.C. – R.J. Reynolds Tobacco Co. is cutting back on the marketing and sales of its dissolvable tobacco products after more than four and a half years in test markets.
According to a report by the Winston-Salem Journal, Camel Orbs, Camel Sticks and Camel Strips will remain in limited distribution at point-of-sale sites in Denver and Charlotte, N.C., as well as on the age-verified website www.cameldissolvables.com.
“At this time, there are no plans for any marketing beyond these channels,” said Richard Smith, spokesman for Reynolds. “We’ve found in our conversations with adult tobacco consumers that while there’s strong interest in the category, a different product form may present a better option over the long term. Though for now, Camel Sticks, Strips and Orbs will remain available while we continue to gather learnings.”
Dissolvable tobacco products have garnered criticism from organizations such as the Campaign for Tobacco-Free Kids, which believe that they will appeal to children due to their flavoring and packaging. Reynolds offered these products in child-resistant packaging, but some analysts have speculated that the difficulty in opening them may have had a detrimental effect, according to the report.
Others speculated that the market for dissolvables may already prefer other products. “My thought would be that the market for spit-less, non-combustible tobacco is probably already taken up by snus,” John Spangler, a professor of family and community medicine at Wake Forest School of Medicine, told the news outlet. Reynolds took just two and a half years to move Camel Snus from test markets to national distribution after its April 2006 debut.
Reynolds initially offered its dissolvables for sale in Columbus, Ohio; Portland, Ore.; and Indianapolis before moving them to Denver and Charlotte. The company did not dictate retail prices, but suggested that they sell at a comparable price to a tin of Camel Snus, or between $4 and $4.50.
http://www.csnews.com/top-story-supplier_news-r.j._reynolds_pulling_back_on_dissolvable_tobacco_products-64184.html

C-stores Could Hit $1B in E-Cigarette Sales This Year

NEW YORK — New Nielsen convenience store data indicates that electronic cigarette sales could hit $1 billion this year, with that figure jumping to $1.7 billion when factoring in online sales.
Leading e-cigarette sales at c-stores is Lorillard Inc.’s blu eCigs brand, according to Bonnie Herzog, managing director of tobacco, beverage and consumer research at Wells Fargo Securities LLC. She cited Nielsennumbers showing that blu captured 39 percent of the dollar share in the convenience channel during the most recent four-week period ended July 6, followed by NJOY with a 30.1-percent share.
Looking at extended all-outlet coverage (XAOC) from New York City-based Nielsen, blu came in first again with a 44.5-percent share. Other leading brands in the XAOC channel include FIN at 20.6 percent, Mistic at 11.7 percent and NJOY at 10.8 percent.
“We believe e-cigarette consumption could surpass traditional cigarettes within the next decade and the combined operating profit pool could generate a CAGR [compounded annual growth rate] of 7 percent over the next decade,” Herzog stated.
While electronic cigarette dollar sales grew 189.6 percent in the four-week period ended July 6, according to Nielsen, total cigarette dollar sales in the U.S. convenience channel grew 1.2 percent over the same timeframe, vs. 1 percent in the last four-week period and 1.3 percent in the prior year.
Unit sales posted their best results – meaning their lowest decline — of the past 12 periods, Herzog said, adding that this was likely driven by moderating net price realization.
“We believe the recent cigarette list price increase of 6 cents per pack is now reflected in the c-store channel. Despite somewhat tepid price realization for retailers per the Nielsen data, we expect net price realization for the manufacturers to accelerate to about 4 percent in [fiscal year] 2013, which should offset volume declines, leading to positive dollar sales,” she explained.
As for individual cigarette brands, all three Big Tobacco companies — the Altria Group Inc. Reynolds American Inc. and Lorillard — saw positive numbers during the period, she added.
http://www.csnews.com/top-story-tobacco-c_stores_could_hit_$1b_in_e_cigarette_sales_this_year_-64164.html

Are e-cigarettes healthier?

By 
John Sweet once smoked two packs of cigarettes per day until a chance visit to a Clearwater flea market in early May led him to the latest nicotine alternative.
For $50 he purchased a battery-powered electronic cigarette — a device that comes in many shapes and sizes and in different price ranges.
With the push of a button, the e-cigarette heats a nicotine-infused propylene glycol fluid, turning it into a vapor that’s inhaled. E-cigarette users call the act “vaping,” not smoking.
These e-cigarettes, or e-cigs for short, often look like real cigarettes, but without the lingering smoky odor. Other devices — invented and manufactured in China — look like large ink pens.
“On the spot (after seeing the e-cigarette), I decided to quit,” Sweet said.
Sweet, 44, last week upgraded his cheaper realistic-looking e-cig at Johnny Vapenhiemer E-Cigs, a Paddock Mall kiosk. He said the cheaper e-cig had a short battery life and he wanted something better.
Sweet loves vaping because it is one-fifth the cost of smoking. And despite health warnings, it’s healthier than smoking traditional cigarettes, he said.
In June, the Food and Drug Administration in the Philippines issued an advisory, warning that e-cigs have not been tested and second-hand emissions could be harmful.
“E-cigarettes contain volatile substances, including popylene glycol, flavors and nicotine, and are emitted as (a) mist or aerosol into indoor air,” according to the June 26 advisory.
The advisory stated the FDA in that country cannot exclude adverse health risks from second-hand emission exposure. However, that agency conceded that e-cig devices produce fewer harmful chemicals than conventional cigarettes.
In the United States, the FDA is moving to release for public comment a proposed rule to regulate additional categories of tobacco products, such as e-cigarettes. FDA officials said they cannot comment on the contents of the proposed rule. Official noted in a statement that “further research is needed to assess the potential public health benefits and risks of electronic cigarettes and other novel tobacco products.”
At the e-cig kiosk in Paddock Mall, owner Johnny Mays — who calls himself Johnny Vapor, master vaporologist — defended the world’s fastest-growing tobacco trend.
Mays held a 48-page e-cigarette study commissioned by the Tobacco Vapor Electronic Cigarette Association (TVECA).
He inhaled an e-cig, one of two that comes in a kit with a battery charger and bottle of fluid, called e-juice, for $64.95. Mays carries e-juice in 60-plus flavors, from tobacco to strawberry.
Users squirt a few drops of fluid into a small tank. The battery heats the e-juice to 92 degrees. With a push of a button, users inhale vapor through a mouthpiece.
Mays says the industry is misunderstood and that e-cigs are much safer than traditional cigarettes.
“Cigarettes have thousands of harmful chemicals; e-juice has one chemical,” Mays said as he helped Sweet pick a red e-cigarette kit.
June’s advisory came three years after the agency attempted to block the sale of e-cigarettes all together in the United States. The FDA claimed that an e-cigarette was a drug device and should be regulated as a heavily scrutinized medicine, not a tobacco product.
The federal court ruled e-cigarettes do fall under the FDA’s tobacco regulations. After all, nicotine comes from the leaf and stems of tobacco.
Tom Kiklas, co-founder of TVECA, maintains that e-cigarettes are not being touted as a cessation product, like nicotine lozenges, patches and gum. Therefore, e-cigs can be marketed like any other tobacco product.
The American Lung Association doesn’t buy Kiklas’ claims. Erika Sward, American Lung Association’s vice president of national advocacy, said e-cigs have not been thoroughly studied and no one really knows the chemical content in the e-juice. She also criticized the FDA and the Obama Administration for not moving fast enough in regulating e-cigarettes.
“The American Lung Association is very concerned about the potential health impacts of e-cigarettes,” said Sward, adding another big concern is the product is being marketed to children. “When I see a product with a cotton candy flavor, I don’t think that is for adults.”
Sward said there is also ample proof that e-cigarette companies are marketing the products as a tobacco cessation aide.
Kiklas said manufacturers of cessation products, not the tobacco industry, is leading the charge against e-cigarettes. Most tobacco manufacturers are — or soon will be — joining the e-cigarette market after tobacco sales declined by 5 percent last year.
Kiklas said regular tobacco cigarettes have 7,000 chemicals, 600 of which become carcinogens when ignited. E-cigarettes only have five basic ingredients: nicotine, flavoring, water, glycerol and propylene glycol — less than one half of 1 percent of the harmful chemicals, he said. Propylene glycol has caused concern among e-cig opponents because it is an ingredient in anti-freeze. Kiklas said the ingredient, which has long been approved by the FDA, is in many products, including asthma inhalers and food since the 1930s.
Health officials said since the product is not regulated — or even properly studied — then who knows officially what e-juice contains from one manufacturer to another. The Florida Department of Health’s Tobacco Free Florida agency stated it “is wary of any perceived benefits.” The agency noted there is no credible medical or scientific research to support the safety of e-cigs.
“Preliminary research from the FDA revealed that some e-cigarettes contain toxic substances and carcinogens, which are known to cause cancer,” the state health department noted.
The group Americans for Nonsmoker’ Rights (ANR) cited the Indoor Air journal study. The study showed nicotine causes the formation of carcinogens — including formaldehyde — when exhaled indoors, and could remain on surfaces for weeks. Users could then absorb the carcinogens.
“The authors (of the study) concluded the e-cigarettes are a new source of chemical and aerosol exposure and their potential impact is a concern that should be investigated,” the statement noted.
ANR’s immediate concern is the use of e-cigs at smokefree locations, like the workplaces and restaurants.
Evelyn James, health education specialist with the Florida Department of Health in Marion County (once called the Marion County Health Department), said e-cigarettes have not been studied.
James urged potential users not to “replace one product that has been proven to be bad for you” for another that has not even been tested.
The FDA’s June advisory comes as the popularity of e-cigarettes is starting to gain worldwide momentum.
E-cigarettes is a $500 million industry, a minute share of the annual $80 billion U.S. tobacco market. The e-cigarette market has grown globally by 30 percent in the past three consecutive years.
Marion County resident Jan Spagnol, an opiate user who has been clean for one year, said during her recovery, she has relied heavily on cigarettes. Last week, she purchased an e-cig kit from Mays to ratchet down her nicotine intake.
E-juice comes in different strengths, ranging from 24 milligrams of nicotine per milliliter down to zero. One 12 milliliter bottle, which costs $8.99 at the Paddock Mall kiosk, will last a one-pack-per-day light cigarette smoker about two weeks.
The e-cigarette device itself can be reused. The consumer will also have to buy a replacement tank for $6.99 about once a month, depending on usage.
In the end, a one-pack-per-day light cigarette smoker will spend about $25 per month vaporing, compared to about $150 per month smoking.
“I wanted a way to wean myself off cigarettes,” she said, adding that nicotine patches was one option.
She decided against patches because e-cigarettes allow her to still inhale and exhale, retaining that oral fixation associated with cigarettes.
“After I quit smoking, I really will be clean and sober,” she noted.
http://www.ocala.com/article/20130717/ARTICLES/130719745/-1/entertainment02?p=5&tc=pg

E-cigarette regulation and taxes once again on the front burner at the Capitol

By WAYNE GREENE World Senior Writer
OKLAHOMA CITY – Three lawmakers are renewing the fight over an issue that lit up the state House last year – electronic cigarettes.
Last week, Speaker of the House T.W. Shannon approved so-called “e-cigarette” study proposals by Speaker Pro Tem Mike Jackson, Rep. Mike Turner and Rep. David Derby.
Jackson, R-Enid, is the second-ranking member of the House leadership. Derby, R-Owasso, is chairman of the House Public Health Committee and will oversee the studies.
An e-cigarette is an electronic inhaler that vaporizes a liquid nicotine solution, simulating the act of tobacco smoking. Like cigarettes, users get a nicotine fix. Unlike cigarettes, there is no smoke.
During the final days of the Legislature’s last session, the House rejected a bill backed by Jackson to deal with the same issue on a 66-29 vote after nearly three hours of questioning and debate.
At issue in the interim studies is how the devices are taxed and how their sales are regulated.
Derby’s study would investigate “regulation of vapor and other emerging nicotine products.”
The Jackson-Turner study would look into “taxation, tobacco harm reduction, and youth access to electronic cigarettes.”
Currently, state law doesn’t adequately address sales of e-cigarettes to minors, and “youth access is definitely something we need to address,” Jackson said.
The U.S. Food and Drug Administration is considering classifying the devices as tobacco products, a move that could result in a significant tax burden on people using them, he said.
If FDA action made the devices subject to the state’s tobacco tax, it could make the e-cigarette equivalent of a pack of cigarettes taxed at $8.50 to $9, Jackson said.
“What we don’t want to do is put a higher tax on a less-harmful product,” he said.
Jackson said his brother has used an e-cigarette to gradually reduce his nicotine dependency. He hasn’t used a cigarette in three or four months, Jackson said.
“I have seen first-hand how they can help,” he said.
The American Cancer Society opposed Jackson’s efforts last year and will continue to fight against efforts to reduce taxes on e-cigarettes, said James Gray, director of government relations for the Cancer Action Network.
There is no scientific evidence to back claims that e-cigarettes are an effective means of weening smokers from their habit.
No other state has taken the actions Jackson has proposed for Oklahoma, Gray said.
“I think this is a new direction of Big Tobacco, and (legislators are) really cautious about doing anything that provides a new market to Big Tobacco,” he said.
Doug Matheny of tobaccomoney.com said the claim that an FDA regulation could lead to a dramatic state tax hike is a “scare tactic.”
“It’s one of those classic examples of the tobacco industry – and I do believe the tobacco industry is behind this – to make legislators feel like they have to do something – they have to act,” Matheny said. “And actually they don’t need to at all in Oklahoma.”
A simple bill to restrict youth access to e-cigarettes should take less than one page, but the design here is about expanding markets for nicotine, not reducing smoking, Matheny said.
“These companies don’t really care what you buy from them as long as you continue to buy from them. They’re selling an addictive product that contains nicotine. As long as you don’t quit altogether, they’re happy.”
Tobacco lobbyists are a powerful force at the state Capitol, Matheny said.
According to Oklahoma Ethics Commission reports, contributions to Oklahoma state legislative campaigns from the Reynolds American Inc. political action committee increased by 70 percent in the 2012 election cycle. Meals purchased by lobbyists on behalf of Reynolds American Inc. increased by more than 50 percent, Matheny said.
http://www.tulsaworld.com/article.aspx/E_cigarette_regulation_and_taxes_once_again_on_the/20130716_11_A1_CUTLIN990334?subj=1

Letter: Thoreson did not tell the full story

By: Vicki Voldal Rosenau, Valley City, N.D., INFORUM
The gentleman doth protest too much, methinks. State Rep. Blair Thoreson, R-Fargo, that is.
In last Sunday’s (July 7) Forum, Thoreson oozed indignation over Dr. Eric Johnson’s 2-months-old public debunking of Thoreson’s failed resolution touting the discredited, unproven “tobacco harms reduction” scheme.
Thoreson testily asserted he “never had any affiliations” with the out-of-state “special-interest groups” referenced in Johnson’s May letter, but I think he forgot about ALEC. Disingenuously named, the corporate-funded American Legislative Exchange Council is a corporate bill mill. It connects corporate lobbyists and right-wing politicians behind closed doors where they craft ALEC “model” legislation serving corporate interests over the interests of ordinary Americans. The bills get introduced in statehouses nationwide (after being stripped of their ALEC origin).
Two big tobacco companies on ALEC’s private board, Altria (formerly Philip Morris) and Reynolds American, have long worked through ALEC to push “harm reduction” as their alternative to actually preventing and reducing tobacco use.
Thoreson is public sector chairman of ALEC’s Communications and Technology Committee, and is a former ALEC state chairman for North Dakota.
Small wonder that Mark Twain reportedly loved to proclaim: “No man’s life, liberty or property is safe while the legislature is in session.”

E-cigarette maker targets Colorado

By Carol McKinley
Colorado Public News
The arrival of electronic cigarettes has raised a red flag for health officials and others who worry the activity of “vaping” nicotine will hook young people into a new addiction that could last a lifetime.

In Colorado, the concern is heightened by the arrival of tobacco giant R.J. Reynolds Tobacco Co. Beginning this month, the maker of Camel cigarettes and other tobacco products began selling its new e-cigarette – called Vuse – along Colorado’s Front Range as one of four test markets.
“We’ve done a lot of work to make it not cool to smoke, and we’d hate to see that rolled back,” said Stephanie Walton, youth policy coordinator for the Colorado Department of Public Health and Environment.
Pat Senecal, director of health policy and systems at San Juan Basin Health Department in Durango, said Friday that the Federal Drug Administration is worried about test marketing and availability of e-cigarettes.
“The FDA has no regulatory authority yet over e-cigarettes, so the risks aren’t known,” Senecal said. “E-cigarettes have flavoring, and studies of other tobacco products show that flavoring appeals to youths.”
The Colorado Department of Public Health and Environment said in a statement Friday: “Too much remains unknown about the potential health risks of these new nicotine products. We are concerned that the tobacco industry is introducing yet another product to Coloradans that is addictive and potentially harmful to their health.”
Also known as personal vaporizers, e-cigarettes broke into the American market six years ago. They look like cigarettes, but do not contain tobacco. They actually are battery-operated inhalers that turn nicotine into a vapor. The liquid, or “E-Juice” that is vaporized can carry a range of tasty-sounding flavors such as cotton candy and peach and names like “Bikini Martini” and “Choco Loco.” E-cigarettes aren’t “smoked,” they are “vaped.”
Studies long have determined that nicotine is as addictive as heroin and cocaine, leaving health officials such as Walton concerned.
“If children see e-cigarettes as popular and fun and start using them, that can lead to a lifetime of nicotine addiction,” she said.
Many Americans report they’ve never heard of e-cigarettes, but the industry now is generating $500 million in sales annually. Business is expected to surpass $1 billion annually within the next couple of years.
E-cigarettes generally are sold in places where tobacco products are available, as well as in specialty shops and in shopping malls. Since at least 2009, the federal Food and Drug Administration has warned about potential health risks associated with e-cigarettes. In addition to nicotine, the products contain substances such as propylene glycol and artificial flavors that might, the agency warns, penetrate deeply into the lungs. However, the products – at least for now – are not regulated.
More than a dozen states, including Colorado, have banned the sale of e-cigarettes to minors. But Walton and others are concerned that advertising, and the tasty-sounding flavors, will directly appeal to young people.
“We would love to see the FDA look into this, especially with some of the larger tobacco companies really taking an interest in these products now,” Walton said.
But some vendors who sell e-cigarettes say they promote the product as a healthier alternative to traditional cigarettes and a way to wean people off of tobacco products.
Within three days of last summer’s mass shooting in Aurora, Colorado-based e-cigarette company VeppoCig.com began offering trial kits for free to anyone who had been at the theater and was suffering from post-traumatic stress disorder.
“Above all, we are a company that cares for the health of our customers. We understand that they are going through a difficult time, and we want to help,” the company announced.
John Paul Pollock of The Vapor Store in Golden described e-cigarettes as “a dignified alternative for people who smoke.”
However, Walton rejects comparison to other stop-smoking products – such as the FDA-approved nicotine patch and nicotine-infused gum.
“There is no research that shows that (e-cigarettes) are an effective cessation or stop-smoking aid or device,” she said.
Still, e-cigarettes are catching on worldwide. A recent survey found that nearly 10 percent of Parisian schoolchildren between the ages of 12 and 17 have tried them. There are many active e-cigarette forums and Facebook pages. One website discussion in Colorado asks if people can “vape” in casinos in the mountain gambling town of Black Hawk and advertises meet-ups where fellow “vapors” can connect.
Because e-cigarettes are not a tobacco product, companies can get around 42-year-old laws that ban cigarette advertising. Currently, the largest concentration of e-cigarette ads is online. But with big companies such as R.J. Reynolds entering the marketplace, some predict advertising on TV, radio and billboards is not far behind.
“By around August, we should start seeing significant TV advertising, as well as online,” said Colorado-based marketing executive Brent Green. In addition, he said, “there will be live sampling at nightclubs and festivals where people gather.”
Green, a critic of e-cigarettes, highlighted the dangers of romanticizing e-cigarettes. For example, recently, actor Leonardo DiCaprio was seen vaping in public.
“You show celebrities, you show cool adults using the product – kids always aspire to act and react like adults. They want to be grown up,” said Green.
It is unclear why R.J. Reynolds selected Colorado as its test market for the new product. During a recent press conference, R.J. Reynolds Vapor Co. president Stephanie Cordisco would say only that “Colorado represents just one of our major states as we are rolling this out.”
Company officials did not return subsequent calls from Colorado Public News.
Even the Colorado Department of Public Health and Environment says it can’t get a definitive answer as to why Colorado was selected.
“We’re not sure why. We would love to know,” said Walton.
The Centers for Disease Control and Prevention reports nearly 1 in 5 Coloradans smoke cigarettes, ranking the state 10th nationally.
Durango Herald Staff Writer Dale Rodebaugh contributed to this report. Colorado Public News, a nonprofit news organization, reports on issues of statewide interest. It partners with Colorado Public Television 12, Denver’s independent PBS station.
http://durangoherald.com/article/20130713/NEWS01/130719776/E-cigarette-maker-targets-Colorado