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St. Paul OKs ordinance targeting sale of cheap cigars

Article by: PAUL WALSH and KEVIN DUCHSCHERE , Star Tribune staff writers

Over the objections of retailers, St. Paul has approved an ordinance that targets the sale of inexpensive cigars that appeal to young smokers.

The ordinance, passed unanimously Wednesday by the City Council, sets a minimum price of $2.10 each for single cigars, whether sold individually or in packs up to four; for example, a three-pack would have to sell for at least $6.30.

Packs of five or more cigars would not be subject to price regulation.

Currently, cigars can be bought for far less — sometimes for as little as three for $1 and in flavors that make them particularly appealing to young people.

In June, Brooklyn Center became the first municipality in the state to pass such an ordinance. The city has seen a sharp decline in cigar sales since the ordinance took effect.

“This issue is about the underlying problem of the tobacco companies’ intentional marketing to youth and communities of color,” Council Member Dai Thao said during last week’s hearing on the ordinance, which he sponsored.

Jack McNaney, a freshman at Cretin-Derham Hall High School in St. Paul and a member of the Ramsey Tobacco Coalition, said, “It’s not right that you can buy three cigarillos for less than the price of a bottle of Mountain Dew.”

Alicia Leizinger, a coalition program and policy specialist, said Thursday that “St. Paul has taken a strong stand against the tobacco industry’s relentless efforts to addict young people to their deadly products. By raising the price of cheap cigars, they took an important step in breaking the cycle of addiction for the next generation.”

A state Health Department survey revealed that cigars rival cigarettes in popularity among underage smokers.

Steve Rush, director of government relations for Holiday convenience stores, countered last week that the ordinance “will cause us to remove about 70 categories of cigar products” from its 10 stores in the city. “The loss of these sales can be quite serious,” Rush added.

Tom Briant, executive director of the National Association of Tobacco Outlets, added that the ordinance will punish retailers in St. Paul, where stores have a “virtually perfect compliance” record of not selling tobacco products to minors.

Consumers who are of legal age to buy cigars will simply go elsewhere,” Rush said. “This is simply harming the honest, ethical St. Paul retailers who are enforcing the law.”

St. Paul retailers have about 30 days to change the prices on cigars covered by the ordinance.

In 2009, a unanimous City Council vote outlawed candy cigarettes and cartoon character lighters. The council cited a study showing that these products encouraged youngsters to take up smoking tobacco.

http://www.startribune.com/lifestyle/health/273072601.html

Tobacco tax law reportedly cost U.S. billions in revenue

By Reuters Media
WASHINGTON – A 2009 law that raised federal taxes to discourage smoking cost the U.S. government billions of dollars in lost revenue as manufacturers relabeled products and consumers shifted to cheaper pipe tobacco and large cigars, the U.S. Government Accountability Office said in a report released on Tuesday.

The GAO estimated $2.6 billion to $3.7 billion in lost revenue from April 2009 to February 2014 as manufacturers exploited loopholes in the Children’s Health Insurance Program Reauthorization Act which raised taxes for smoking-tobacco products.

“Each of the three tobacco manufacturers that agreed to speak with us explained that their companies switched from selling higher-taxed roll-your-own tobacco to lower-taxed pipe tobacco to stay competitive,” the congressional watchdog agency said in the report, which was the focus of a Senate hearing on Tuesday.

At the hearing, Liggett Vector Brands LLC Chief Executive Ronald Bernstein urged lawmakers to take action against abuses by manufacturers.

He held up two seemingly identical, but differently labeled non-Liggett bags of tobacco. Showing a third sample, he pointed out that a label saying “all-natural pipe tobacco” covered up a statement that the bag “makes approximately 500 cigarettes.”

“Everyone knows this is cigarette tobacco,” Bernstein said. “The manufacturer knows. The consumer knows. And I know. I know because I tried smoking it in a pipe and it was not a pleasant experience.”

Some manufacturers also add a few ounces of tobacco to small cigars so they qualify as the larger product. Others even mix in clay or kitty litter to increase the weight, Michael Tynan, policy officer at the Oregon Public Health Division, told the hearing.

The GAO said the tobacco market shifted accordingly. Yearly sales of pipe tobacco rose more than eight-fold from fiscal 2008 to 2013, while sales of roll-your-own tobacco declined almost six-fold.

Over the same period, large cigar sales doubled, while small cigar sales dropped to just 700 million from 5.7 billion.

Senate Finance Committee Chairman Ron Wyden, who convened the hearing, criticized the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB), which is responsible for collecting tobacco taxes and cracking down on evasion, for “footdragging.”

In recent years, the agency has pushed to apply “advanced investigative techniques to uncover illicit trade and fraudulent activity,” including deploying about 125 auditors and investigators, the TTB wrote in its Senatetestimony.

Responding to a push to better differentiate between roll-your-own and pipe tobacco, the agency published an “advanced notice of proposed rule making” in 2010 and 2011. But no rule had yet been issued, the GAO wrote.

In 2015, the TTB will issue a proposed regulation cracking down on the illegal activities, TTB Administrator John Manfreda said on Tuesday.

But Wyden, an Oregon Democrat, said it was not enough. He said the problem reminded him of “the old marquee at the movie house that says: ‘Coming soon,’ and it never gets there.”

http://www.inforum.com/content/tobacco-tax-law-reportedly-cost-us-billions-revenue

Will your children buy candy, gum or little cigars?

By Dr. Tom Frieden, Special to CNN
Editor’s note: Dr. Tom Frieden is director of the Centers for Disease Control and Prevention.
(CNN) — They’re on display at cash registers all across America: Candy bars, packs of gum — and little cigars.
In some cases, those cigars aren’t tucked away behind the counter where only the attendant can get to them but right in front for anyone to pick up.
Traditional fat cigars are a small part of today’s cigar industry. Newer types of cancer sticks include cigarette-sized cigars, or little cigars, designed to look like a typical cigarette but which evade cigarette taxes and regulations.
Flavored little cigars can be sold virtually anywhere, and kids are a prime target of these new products.
Unlike cigarettes, many are sold singly or in small, low-priced packs, at a fraction of the cost of a cigarette in most states.
These little cigars have names like “Da Bomb Blueberry” and “Swagberry.” The flavors themselves — chocolate mint, watermelon, wild cherry and more — can mask the harsh taste of tobacco and are clearly attractive to children.
The Food and Drug Administration banned candy and fruit flavors in cigarettes so young people would not be enticed. But cigars weren’t covered.
The tobacco industry claims that its marketing efforts are solely aimed at adults. It has long argued that its marketing doesn’t increase demand or cause young people to smoke but instead is intended to increase brand appeal and market share among existing adult smokers.
How many grown-ups do you know who smoke grape-flavored cigars?
Little cigars have become more popular in recent years. Flavored brands have almost 80% of the market share.
In 2011, among middle school and high school students who currently smoke cigars, more than one in three reported using flavored little cigars.
Six states — Florida, Georgia, Maryland, Massachusetts, Rhode Island and Wisconsin — have youth cigar smoking rates the same as or higher than those of youth cigarette smoking.
Despite industry statements to the contrary, the link between marketing and youth tobacco use is clear.
Some legislative and regulatory actions that tackle elements of tax discrepancies, youth appeal and marketing are in place or under consideration.
New York and Providence, Rhode Island, have enacted city-wide ordinances prohibiting the sale of flavored tobacco products, including flavored little cigars. Both ordinances have been challenged and upheld in U.S. District Court.
In April, the Tobacco Tax and Enforcement Reform Act was introduced in the Senate. This bill aims to eliminate tax disparities between different tobacco products, reduce illegal tobacco trade and increase the federal excise tax on tobacco products.
Based on decades of evidence, the 2012 surgeon general’s reporton tobacco use among youth and young adults concluded that tobacco industry marketing causes youths to smoke, and nicotine addiction keeps them smoking.
This sobering fact holds true in spite of bans on advertising and promotions that target children and youths, and restrictions on certain other marketing activities.
Nearly 90% of smokers started before they were 18 years old, and almost no one starts smoking after age 25.
To prevent the needless death, disability and illness caused by smoking, we must stop young people from even starting to smoke.
A key part of prevention efforts must be action that will eliminate loopholes in restrictions on tobacco marketing, pricing and products that encourage children and youth to smoke.
I don’t think it’s too much to expect of our society that we protect our kids so they can reach adulthood without an addiction that can harm or kill them.
– – – –
The opinions expressed are solely those of Dr. Tom Frieden.
http://www.cnn.com/2013/12/11/health/frieden-little-cigars/

CDC: More teens smoking e-cigarettes, hookah

By RYAN JASLOW / CBS NEWS
More middle and high school students are smoking electronic cigarettes, hookahs and cigars, according to a new government report form the Centers for Disease Control and Prevention.
While rates for those tobacco products have increased, overall youth smoking rates haven’t declined at all, a concerning figure for health officials.
“We need effective action to protect our kids from addiction to nicotine,” Dr. Tom Frieden, director of the CDC, said in an agency press release.
For the new report, researchers combed data from the 2012 National Youth Tobacco Survey, a nationally-representative poll of about 25,000 students in grades six through 12 on their tobacco use habits and attitudes towards smoking.
They found recent e-cigarette use among high school students rose to 2.8 percent in 2012, up from 1.5 percent the year before. About 1.1 percent of middle school students reported using the products, up from 0.6 percent in 2011.

E-cigarette use among youths surges

In September, the CDC released a report that found the number of middle and high school students who ever used an e-cigarette doubled, from 1.4 percent and 4.7 percent of surveyed students in 2011 to 2.7 percent and 10 percent by 2012, respectively.
Hookah use was also looked at in the new report. The CDC finding smoking rates increased from 4.1 percent of high schoolers in 2011 to 5.4 percent by 2012.
Cigar use rose “dramatically” among black high school students, with 16.7 percent reporting using them, up from 11.7 percent in 2011 and a doubling of rates since 2009.
Included in cigars were flavored little cigars or cigarillos, which contain fruit or candy flavorings and tend to look similar to cigarettes. They are often cheaper because they are taxed at lower rates and can be sold individually.
Last month, the CDC also released a report on youth smoking rates for flavored little cigars, finding six percent of surveyed middle and high students said they had tried them.
E-cigarettes, hookahs, cigars and other “new” tobacco products are not regulated by the Food and Drug Administration, the CDC points out. Increases in the marketing and availability of these products — along with a misconception they’re safer than cigarettes — may be fueling these increases in kids.
“This report raises a red flag about newer tobacco products,” said Frieden. “Cigars and hookah tobacco are smoked tobacco — addictive and deadly.”
Overall, about 7 percent of middle school students reported smoking any tobacco product along with 23 percent of high school students, rates unchanged from 2011.
The new report was published Nov. 14 in the CDC’s journal Morbidity and Mortality Weekly Report.
The FDA intends to propose a rule to tighten regulation of non-cigarette nicotine products like e-cigarettes. The authors also called for more tobacco-control measures implemented to these newer products, including increasing the price of them, using media campaigns aimed at curbing smoking, increasing access to services that help people quit and enforcing restrictions on advertising and promotion.
Under the Affordable Care Act, more Americans will qualify to coverage for tobacco cessation services, the CDC added.
http://www.cbsnews.com/8301-204_162-57612410/cdc-more-teens-smoking-e-cigarettes-hookah/

More U.S. Teens Try E-Cigarettes, Hookahs: Report

By Steven Reinberg, HealthDay Reporter – US News
(HealthDay News) — The rapidly growing use of electronic cigarettes, hookahs and other smoking alternatives by middle school and high school students concerns U.S. health officials.
While use of these devices nearly doubled in some cases between 2011 and 2012, no corresponding decline has been seen in cigarette smoking, the U.S. Centers for Disease Control and Prevention reported Thursday.
“We have seen, between 2011 and 2012, a big increase in the percentage of middle- and high-school students who are using non-conventional tobacco products, particularly electronic cigarettes and hookahs,” said Brian King, a senior scientific adviser in CDC’s office on smoking and health.
These products are marketed in innovative ways on TV and through social media, he said. “So, it’s not surprising that we are seeing this increase among youth,” he added.
E-cigarettes and hookah tobacco come in flavors, which appeals to kids. And since hookahs are often used in groups, they also provide a social experience, which may be adding to their popularity, King said.
Teens may also believe that e-cigarettes are safer than tobacco, said Stanton Glantz, director of the Center for Tobacco Control Research and Education at the University of California, San Francisco. However, nicotine is addictive and can hamper the developing brains of teens.
“This paper shows that the return of nicotine advertising to TV and radio, combined with an aggressive social media presence and use of flavors is promoting rapid uptake of electronic cigarettes by youth,” said Glantz.
The report, based on data from the 2012 National Youth Tobacco Survey, was published in the Nov. 15 issue of the CDC’s Morbidity and Mortality Weekly Report.
King said efforts are needed to curb use of these tobacco products and prevent other teens from ever trying them. “We know that 90 percent of smokers start in their teens, so if we can stop them from using tobacco at this point, we could potentially prevent another generation from being addicted to tobacco,” King noted.
Smoking is the leading cause of preventable death and disease in the United States, killing more than 1,200 people every day.
E-cigarettes simulate the experience of smoking without delivering smoke. They are shaped like cigarettes but users inhale a vaporized, nicotine-based liquid.
“Nicotine is an addictive drug that affects brain development, especially in adolescents, whose brains are still developing,” he said.
According to the report, from 2011 to 2012 use of e-cigarettes among middle-school students rose from 0.6 percent to 1.1 percent. Their use by high school students jumped from 1.5 percent to 2.8 percent.
Over the same period, hookah use among high schoolers jumped from 4.1 percent to 5.4 percent, the researchers found.
Currently, electronic cigarettes, hookah tobacco, cigars and certain other new tobacco products are not regulated by the U.S. Food and Drug Administration.
The FDA has said it intends to classify these products as tobacco products, putting them under the agency’s control.
The popularity of these new products hurts ongoing tobacco-prevention efforts, experts say. “This proliferation of novel tobacco products that are priced and marketed to appeal to kids are slowing our progress in reducing tobacco use among kids,” said Danny McGoldrick, research director for Campaign for Tobacco-Free Kids.
“You have the marketing of electronic cigarettes that are using all the themes and tactics that have been used by cigarette companies for decades to market to kids, like flavors, the use of celebrities, the use of sports and entertainment, as well as glamour, sex and rebellion,” he said.
This is why the FDA needs to assert jurisdiction over all tobacco products, McGoldrick said.
Cigar use is also rising among adolescents. Their use by black high school students rose from about 12 percent to nearly 17 percent from 2011 to 2012, and since 2009 has more than doubled, according to the report.
Cigars and cigarettes were smoked by about the same number of boys in 2012 — more than 16 percent.
Cigars include so-called “little cigars,” which are similar in size, shape and filter to cigarettes, King said. But since they are taxed at lower rates than cigarettes, they are more affordable. “You can buy a single, flavored little cigar for mere pocket change, which could increase their appeal among youth,” he said.
Fruit and candy flavors, which are banned from cigarettes, are added to some of these little cigars, King said.
According to the CDC, about one in three middle- and high-school students who smoke cigars use flavored little cigars.
Every day, more than 2,000 teens and young adults start smoking. Smoking-related diseases cost $96 billion a year in direct health care expenses, according to the CDC.
More information
For more information on stopping smoking, visit the American Cancer Society.
http://health.usnews.com/health-news/news/articles/2013/11/14/more-us-teens-try-e-cigarettes-hookahs-report

Flavored cigarette use increasing

MINNEAPOLIS, Minn (KFGO AM) — A Centers for Disease Control and Prevention study found four out of ten teen smokers prefer flavored little cigars or flavored cigarettes.
Bob Moffitt is with the American Lung Association of Minnesota and says the data also shows kids using the flavored products are less likely to think about quitting than those who smoke traditional cigarettes.
Moffitt says these products are also appealing to teens because they are cheaper and taxed differently.
Moffitt would like to see Minnesota lawmakers draft legislation that would close some of the tax loopholes involving flavored tobacco products.
http://kfgo.com/news/articles/2013/oct/24/flavored-cigarette-use-increasing/

Study finds cigarette alternatives may not be safer than cigarettes

UC Davis Researchers Examine E-Cigarettes, Cigars, Hookah
Written By CATHERINE MAYO

If you’ve ever been convinced to smoke hookah — or anything else for that matter  — because someone told you it was completely safe, you aren’t alone (but you’ve been lied to).

Are smoking alternatives as safe as people think? UC Davis pulmonary physicians recently published a study concluding these replacements can be addictive gateways to cigarette smoking. The assessment — which focused on cigars, hookah, e-cigarettes and a Swedish smokeless tobacco called snus — provides new insight on why people trying to quit smoking (and those who haven’t started) should avoid all types of tobacco products.

“Everything I included … in some way or another has become popular in America or worldwide… [These products] are the most commonly used, and because [of this], there is a misperception about them,” said Michael Schivo, assistant professor of internal medicine at UC Davis Health System and lead author of the study.

The research team found that because of a lack of regulation and research, e-cigarettes show unclear risks. From 2011-12, e-cigarette use among students in grades six to 12 doubled. Many people trying to quit smoking view e-cigarettes as a safe way to wean themselves off nicotine, but according to the study, Schivo recommended smokeless tobacco before e-cigarettes to better avoid lung cancer and cardiovascular disease. Moreover, for non-smokers trying something new, the nicotine can be dangerously addicting.

Smoking hookah, a technique that employs a special form of tobacco called shisha smoked out of a water pipe, is growing in popularity among college-aged adults and is commonly perceived as a harmless recreational activity, was discovered to be significantly worse than cigarettes. Waterpipe use leads to deeper and longer inhalation of tobacco smoke than other forms of smoking. In fact, the Mayo Clinic says a typical one-hour-long hookah session consists of 200 puffs compared to the cigarette’s average of 20 puffs. Nicotine levels are reduced in waterpipe smoking, but the amounts of arsenic, chromium and lead — chemicals known to be carcinogens — are all significantly higher.

While this information may come as a shock to some, many others know it and choose to ignore it as best they can.

“I’m sure that almost everyone who smokes … has been told countless times that they should stop. It’s not that they don’t know the risks, it’s just a tough habit to quit,” said Brad Howard, a second-year civil engineering major.

The study arrives in the final months of UC Davis’ tolerance for smoking. Beginning in January 2014, the UC Davis Smoke-Free policy takes full effect. The campus will no longer tolerate any forms of smoking, including e-cigarettes and hookah.

Krystal Wong, a second-year human development major and intern at the Student Health and Wellness Center, welcomes the addition of this new policy.

“Davis is trying to promote a healthier environment … Second-hand smoking can cause health hazards for many students,” Wong said.

Schivo is in support of the new rules.

“Public awareness is good however it’s employed,” he said.

Whether you are for or against the policy, we can at least now know not to believe anyone who tries to convince us smoking alternatives are safe. We only have evidence to prove the opposite. Take it as you will, live your life, be smart.

http://www.theaggie.org/2013/10/24/study-finds-cigarette-alternatives-may-not-be-safer-than-cigarettes/

Too many American teens are smoking 'little cigars,' report says

Melissa Dahl, NBC News
They look like cigarettes, and they’re just as harmful as cigarettes — but “little cigars” are much cheaper, and they come in flavors like chocolate or candy apple, which makes them very attractive to kids, experts say.
Now, for the first time, kids’ use of flavored little cigars has been tracked by U.S. researchers. About four in 10 smokers in middle school and high school say they use flavored little cigars, according to the new report, using data from the 2011 National Youth Tobacco Survey.
Tom Frieden, director of the U.S. Centers for Disease Control and Prevention, called the new data “disturbing.”
“Flavored little cigars are basically a deception,” Frieden says. “They’re marketed like cigarettes, they look like cigarettes, but they’re not taxed or regulated like cigarettes. And they’re increasing the number of kids who smoke.”
A little cigar looks almost exactly like a cigarette: It’s the same size and shape, but instead of being wrapped in white paper, it’s wrapped in brown paper that contains some tobacco leaf. Many little cigars have a filter, like a cigarette, according to the American Legacy Foundation, a nonprofit that seeks to prevent teen smoking.

An illustration shows a regular cigarette next to a little cigar.

© American Legacy Foundation

“What makes a cigar a cigar is that it has some tobacco in the paper. Little cigars — there’s just enough tobacco in that paper to make them cigars,” says Erika Sward, assistant vice president for national advocacy at the American Lung Association. “They really are cigarettes in cigar clothing.”
Not that cigars are healthy. Little cigars – and large cigars and cigarillos (a longer, slimmer version of the classic large cigar) – contain the same harmful and addictive compounds as cigarettes. They can cause lung, oral, laryngeal and esophageal cancers and they increase the smoker’s risk of chronic obstructive pulmonary disease. The only upside of a cigar is the way they are usually smoked: Cigar smokers tend to take shallower puffs instead of deep inhales. But some research has shown people tend to smoke little cigars just like they’d smoke cigarettes, by inhaling deeply, which can exacerbate the tobacco’s health risks.

cigars & cigarillos

© American Legacy Foundation

But because little cigars are technically not cigarettes, they are taxed far less than cigarettes, making them that much more appealing to teenagers, because “kids are especially price-sensitive,” Sward says. A pack of little cigars can cost less than half as much as a pack of cigarettes, experts say.
“We know if they were cigarettes, what they’re doing now would be banned,” Frieden says. “If they were cigarettes, there would be a much greater awareness of their harm. But because they’re seen as somehow different, they’re getting another generation of kids hooked on tobacco.”
Overall, tobacco use among American kids declined significantly from 2000 to 2011. The same is true for the smoking rate in U.S. adults, which dropped 33 percent in that decade. But the consumption of non-cigarette tobacco products — like cigars or loose tobacco — increased 123 percent in that same time period, Sward says.
Little cigar sales in particular have increased dramatically, more than tripling since 1997, says Danny McGoldrick, vice president of research for the Campaign for Tobacco-Free Kids. And most of those little cigars are flavored, thus making them more attractive to kids.
“They’re really cheap, and they’re really sweet, and they have an obvious appeal to kids,” says McGoldrick. “They’re not your grandfather’s cigar.”
Appealing flavors like chocolate, cherry, strawberry or candy apple make it easier for people — especially kids — to start smoking by masking the harshness of tobacco, anti-tobacco advocates say. It’s the same concept behind those “alcopops” – flavored, sweet alcoholic beverages like wine coolers that experts argue are especially tempting to underage drinkers. And adolescence is a crucial time to prevent smoking before it starts, because about 90 percent of smokers start by the time they turn 18, national statistics show.
In 2009, Congress gave the U.S. Food and Drug Administration immediate jurisdiction over cigarettes, smokeless and roll-your-own tobacco. Currently, Sward explains, the FDA has submitted a proposal that would allow it to regulate all tobacco products. She says this current study highlights the urgent need for the FDA to be able to regulate all tobacco products, including little cigars.
“They’re deadly – just like cigarettes,” Frieden says. “It’s really important that we use all means at our disposal to protect the next generation from getting hooked on tobacco.”
http://www.nbcnews.com/health/too-many-american-teens-are-smoking-little-cigars-report-says-8C11433058

Providence vs. Big Tobacco

By , Mayor of Providence, RI

In January of 2012, I was pleased to sign two local ordinances designed to limit the ability of the tobacco industry to harm Providence’s young people. Together, these laws banned the sale of flavored tobacco products in the City of Providence, as well as sales involving the redemption of coupons and multi-pack discounts that are designed to circumvent state pricing restrictions.
Tobacco use poses a major public health threat for our young people. Nearly all tobacco use begins in childhood and adolescence — in fact, according to a 2012 Surgeon General report, approximately 88 percent of regular smokers begin by age 18. Each day, over 3,800 people under 18 smoke their first cigarette. According to the Campaign for Tobacco Free Kids, an estimated 23,000 children currently under the age of 18 could die prematurely from a smoking-related illness.
In Providence, we’re fighting back.
Fruit and candy flavored tobacco products appeal to young people who wrongly think that these products are less harmful than traditional cigarettes. The FDA banned most fruit and candy flavored cigarettes in September of 2009, and our ordinance closes the loophole that allows the tobacco industry to sell other fruit and candy flavored tobacco products, like cigars, chewing tobacco and other emerging tobacco-based products, here in the City of Providence.
Similarly, research has shown that the single most effective deterrent to smoking — particularly for young people — is the cost of a pack of cigarettes. According to the American Lung Association, a 10 percent increase in the price of cigarettes reduces youth consumption by approximately seven percent. But in Rhode Island and elsewhere, the tobacco industry circumvents state minimum price laws through creative “buy-two-get-one-free” gimmicks. Our ordinance closes this loophole too.
Predictably, big tobacco has challenged us in court. In December of 2012, the U.S. District Court rejected the tobacco industry’s arguments, siding with the city in our efforts to protect vulnerable, young people from the dangers of the tobacco industry. The tobacco industry has appealed this decision to the U.S. Court of Appeals for the First Circuit.
I encourage you to learn more about the harmful effects of smoking and what you can do to support our efforts by visiting here.
Smoking is the leading cause of preventable death in the United States. Policymakers have no excuse for not taking this issue on, and I’m proud that Providence is working with a wide variety of stakeholders — our City Council, community groups, advocacy organizations and public health campaigns — to stand up for our young people.
http://www.huffingtonpost.com/angel-taveras/providence-anti-tobacco-laws_b_3786575.html

In All Flavors, Cigars Draw In Young Smokers

By SABRINA TAVERNISE
BALTIMORE — At Everest Greenish Grocery, a brightly lit store on a faded corner of this city, nothing is more popular than a chocolate-flavored little cigar. They are displayed just above the Hershey bars along with their colorful cigarillo cousins — white grape, strawberry, pineapple and Da Bomb Blueberry. And they were completely sold out by 9 one recent evening, snapped up by young people dropping by for a snack or stopping in during a night of bar hopping.
“Sorry, no more chocolate,” the night clerk, Qudrad Bari, apologetically told a young woman holding a fruit drink.
In 2009, Congress passed a landmark law intended to eliminate an important gateway to smoking for young people by banning virtually all the flavors in cigarettes that advocates said tempted them. Health experts predicted that the change would lead to deep reductions in youth smoking. But the law was silent on flavors in cigars and a number of other tobacco products, instead giving the Food and Drug Administration broad discretion to decide whether to regulate them.
Four years later, the agency has yet to assert that authority. And a rainbow of cheap flavored cigars and cigarillos, including some that look like cigarettes, line the shelves of convenience stores and gas stations, often right next to the candy. F.D.A. officials say they intend to regulate cigars and other tobacco products, but they do not say how or when. Smoking opponents contend that the agency’s delay is threatening recent progress in reducing smoking among young people.
Cigarette sales are down by a third over the past decade, according to federal data, but critics of the agency say the gains are being offset by the rise of cheaper alternatives like cigars, whose sales have doubled over the same period and whose flavored varieties are smoked overwhelmingly by young people. Loose tobacco and cigars expanded to 10 percent of all tobacco sold in the United States in 2011, up from just 3 percent in 2000, federal data show.
“The 20th century was the cigarette century, and we worked very hard to address that,” said Gregory N. Connolly, the director of the Center for Global Tobacco Control at the Harvard School of Public Health. “Now the 21st century is about multiple tobacco products. They’re cheap. They’re flavored. And some of them you can use anywhere.”
The F.D.A. is now wrestling with how to exercise its authority over an array of other tobacco products. In recent weeks, for example, it sent warning letters to several companies that it says are disguising roll-your-own tobacco as pipe tobacco, a practice that industry analysts say has become a common way to avoid federal taxes and F.D.A. regulation.
“The giant has finally awoken and hopefully will do its job,” said Ron Bernstein, the chief executive of Liggett Vector Brands, a cigarette producer that is worried about unfair competition from cigar makers and others.
Mitchell Zeller, 55, a public interest lawyer who became the director of the F.D.A.’s Center for Tobacco Products this spring, acknowledged in an interview that the emergence of new tobacco products meant a new look was needed.
“What we’ve seen in the past 10 years is this remarkable transformation of the marketplace,” Mr. Zeller said. “There are products being sold today — unregulated products — that literally did not exist 10 years ago.”
But new rules have to be grounded in scientific evidence, he said, and written to withstand legal challenges. The tobacco industry won a recent court fight against graphic images on cigarette labels.
As for the criticism that the agency has been slow to act, Mr. Zeller said, “Message received.”
But the F.D.A.’s careful approach exasperates smoking opponents.
“We shouldn’t need 40 years of study to figure out that chocolate- and grape-flavored cigars are being smoked by young people,” said Matthew L. Myers, the president of the Campaign for Tobacco-Free Kids. Traditional handmade cigars were seen as a luxury for older men, but much of the recent growth has been in products sold in convenience stores to low-income customers. Flavored cigars now represent more than half of all convenience store and gas station cigar sales, up nearly 40 percent since 2008, according to Nielsen market data analyzed by Cristine Delnevo, a tobacco researcher at Rutgers University.
A three-pack of Good Times flavored cigarillos at Everest costs 99 cents, an alluring price for the store’s clientele: young, poor African-Americans.
On a recent evening, Mr. Bari, a native of Pakistan, was in a generous mood. He had just broken his Ramadan fast with sweet tea and was helping a customer with the last 30 cents needed for a pack of Newports. But he said flavored cigars were actually more popular in his store than cigarettes. Sometimes people pay for them with spare change.
Jay Jackson, a 19-year-old nursing assistant in hospital scrubs, rarely has the $6.50 for a pack of cigarettes, which she also smokes, but can usually come up with a dollar for the kind of cigar she likes. Flavors improve the taste of cigars that are otherwise so harsh they make her light headed, she said, paying Mr. Bari for two — chocolate and cherry.
Mr. Bari said he remembered only strawberry, vanilla and chocolate when he first arrived 10 years ago. “Now look at this,” he said, motioning toward the cigar shelf disapprovingly. Some companies are producing small filtered cigars that look like cigarettes in brown wrappers, avoiding the federal taxes and F.D.A. regulation required for cigarettes. Mr. Bernstein, the cigarette producer, contended that such cigars made up much of the recent increase in cigar sales. A typical pack of 20 costs about $2, compared with about $6 for a pack of cigarettes.
Tobacco in cigars is cured by a different method than tobacco in cigarettes. And cigars come in a wrapper made of tobacco, while cigarettes are wrapped in paper. Smaller cigars popular among young people tend to be inhaled more, making the health risks similar to cigarettes.
Nationally, about one in six 18- to 24-year-olds smoke cigars, federal research shows, compared with only 2 percent of people over 65. More than half of the younger users smoke flavored cigars, with the highest rates among the poorest and least educated.
Those are familiar circumstances in certain parts of Baltimore, where life expectancy for men can be as low as 63 years, a level last seen for all American men in the 1940s. The smoking rate here is double the national one — a pattern that Devin Miles, a high school junior who started smoking cigarettes when he was 10, said was obvious at his school.
“Everybody smokes, even the teachers,” he said.
Cigar producers say they are bracing for F.D.A. action, even as sales have flattened in the last few years, dampened by new taxes. But they question a flavor ban, pointing out that the F.D.A. has yet to prohibit the most common flavor, menthol, in cigarettes and that chewing tobacco still comes in flavors.
“We continue to ask the question, ‘What’s the rationale?’ ” said Joe Augustus, a spokesman for Swisher International, a cigar producer. Flavors have existed “since the beginning of time,” he said, and are popular with “the guys who are cutting your lawn and fixing your car.”
There is also evidence that cigar purchases are related to marijuana use. In a survey of 5,000 middle and high school students in Massachusetts in 2003, researchers found that about a fifth were using cigar wrappers to smoke marijuana.
Mr. Bari, the night clerk, said many of his customers used the wrappers for marijuana. “It’s the younger generation,” he said. “Your sister’s crying, your daughter’s crying, you don’t care.”
One customer, Torri Stevens, a 19-year-old who said she worked at a strip club in Washington, said she sometimes smoked as many as 12 blunts a day, a name for marijuana in a cigar wrapper that is associated with Phillies Blunt, a cigar brand.
Black youths were the one group that registered a rise in cigar smoking nationally. Twelve percent of black high school students smoked cigars in 2011, compared with 7 percent in 2009, the C.D.C. said.
Maryland, where the legal age to buy cigarettes is 18, did its own survey and found that cigar smoking had increased across the entire high school population. It is now one of at least six states where cigar smoking among youths now equals or surpasses cigarette smoking, according to the C.D.C.
Alarmed officials started a public education campaign. A Web site, TheCigarTrap.com, shows an ice cream truck adorned with a giant lit cigar and children running after it.
On a recent night at Everest Greenish Grocery, Mr. Bari sold cigars to patrons of a nearby transvestite bar and people who were just leaving work.
Trayvon Henderson, 19, was still wearing his McDonald’s uniform when he stopped in for a chocolate cigarillo. Cigars are stylish, he said, and some of his favorite rappers smoke them.
“If they take away the flavor, it would be a problem,” he said, cigarillo in hand. “I’d probably stop smoking them. Or maybe I’d go back to cigarettes.”
http://www.nytimes.com/2013/08/18/health/in-all-flavors-cigars-draw-in-young-smokers.html?pagewanted=1&_r=0