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 Candy and Fruit Flavored Cigarettes Now Illegal in US
Effective September 22, 2009, the sale of cigarettes with flavors characterizing fruit, candy, or clove is illegal. The ban was authorized by the Family Smoking Prevention and Tobacco Control Act signed into law in June 2009. This ban highlights the importance of reducing the number of children who start to smoke, and is part of a national effort by the U. S. Food and Drug Administration (FDA) to reduce smoking in America, especially among youth. Studies show that young people are attracted to flavored cigarettes and flavors make the use of tobacco products more appealing to youth. One Legacy report from 2006, for example, showed that youth smokers are aware of and are interested in trying heavily marketed products like candy-flavored cigarettes. The FDA is making efforts to enforce the ban and encourages consumers to report continuing sales of flavored cigarettes through a special tobacco hotline (1-877-CTP-1373) and Web site (www.fda.gov/flavoredtobacco). If you see flavored cigarettes for sale, please report these sales to the FDA hotline and also let Legacy know about these sales. We are monitoring the implementation of the Act and this information will help us do so. Contact Stacey Gagosian at sgagosian@americanlegacy.org.
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In Ohio, Cross Appeals are Filed As readers of our eNews know, on August 11, 2009, in Columbus, Ohio, Legacy's ongoing efforts to safeguard the state of Ohio's tobacco prevention money for its intended purpose took an important step forward. On that day, Judge David Fais of the Franklin County Court of Common Pleas permanently enjoined the State of Ohio from dissolving the endowment of the Ohio Tobacco Prevention Foundation (OTPF) - a decision impacting more than $200 million in funds the state had put in trust for tobacco control programs. The State of Ohio has since filed an appeal, and Legacy has also appealed the trial court's decision that the contract it signed with the OTPF was invalid. The State sought to gain access to the funds pending the appeal but the court rejected Ohio's efforts, keeping in place prior freeze orders until the Court of Appeals makes its ruling. The case will be briefed and argued October 14, 2009. To view the original press release, click here.
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Tobacco Companies Sue Over Marketing Regulations As many of you know by now, a number of companies, including Lorillard and R.J. Reynolds as well as several smaller companies, have challenged the constitutionality of several provisions in the Family Smoking Prevention and Tobacco Control Act. That law, signed by President Obama in June, addresses theadvertising, marketing and labeling of tobacco products, as well as other important matters. The case filed in the U.S. District Court for the Western District of Kentucky, claims that the following provisions are unconstitutional, asserting they violate the companies' First Amendment and due process rights and/or constitute unconstitutional "takings":
- The black and white text requirement;
- The warning label provisions;
- What they call the ban on truthful statements regarding modified risk products;
- The outdoor advertising ban;
- The ban on brand name sponsorships of events;
- The ban on branded promotional items;
- What they call the ban on truthful statements regarding FDA regulation, approval and compliance;
- The ban on distribution of cigarette and smokeless samples;
- The ban on joint product marketing;
- The ban on promotions offering gifts in exchange for the purchase of tobacco products; and
- The Act's authorization of further restrictions.
The companies are asking the Court to rule that these provisions violate their First Amendment right to free speech. They have already asked the court for a preliminary injunction barring implementation of the modified risk and joint marketing provisions.
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FTC Report: Billions Still Being Spent to Market Deadly Tobacco Products Annually
According to recent numbers from the Federal Trade Commission, the tobacco industry spends about $34 million each day marketing its products in the U.S. alone. The report looked at expenditures between 2005 and 2006. Annually, the tobacco industry spends more than $12.4 billion a year on marketing, according to the report. Overall, the promotional expenditures declined from the past year by about $62 million, with the largest single category of these expenditures in 2006 being price discounts paid to cigarette retailers or wholesalers in order to reduce the price of cigarettes to consumers. However, magazine advertising increased from $44.8 million to $50.3 million in 2006. Click here for the full report.
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Are E-Cigarettes a Bridge Product to Smoking or Abstinence? Or Neither?
 As part of its 10-year Anniversary Thought Leadership Series, the American Legacy Foundation® hosted a panel discussion on e-cigarettes, which have emerged as an important area of discussion for the public health and tobacco control communities, smokers and those trying to quit. Public health experts provided thoughts, opinions and recommendations about the controversial e-cigarette, a nicotine delivery device containing no tobacco that is designed to mimic cigarettes and cigarette smoking. E-cigarettes are primarily manufactured in China by non-drug companies, and are not currently approved by the Food and Drug Administration (FDA). In July, the FDA released findings that e-cigarettes contain chemicals toxic to humans and that quality control processes used in the manufacturing of e-cigarettes are inconsistent or non-existent. The product is still currently available in the marketplace, despite the many unanswered questions concerning both its efficacy and safety. For more information on the panel discussion or to view an archive of the Webcast, click here.
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New Elements from truth® Continue to Ask: "Do You Have What it Takes?"
truth®'s latest campaign, Do You Have What it Takes (DYHWIT) - launched June 2009 - recently launched some new campaign components, including TV spots and online elements that continue to shed light on the tobacco industry's business and marketing practices. The ad campaign asks real-life job-seekers whether they would be willing to participate in the types of decisions and situations that tobacco-industry executives have made or encountered. The interactions were recorded by hidden cameras and, though many of the questions were scripted, the candidates' reactions were real. Two new spots "Tasks" and "Customers," are featured on TV, in cinemas and on the Web at thetruth.com and on truth®'s YouTube channel www.youtube.com/user/truthorange. Also on thetruth.com, visitors can download the latest widgets, which allow users to embed a truth® Pet and a truth® poll into their social networking sites, profiles and blogs. They can also sign a petition that would rename lung cancer to "Big Tobacco Disease." As of September 8, 2009, more than 78,000 people have signed on to the petition.
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truth® Rocks VANS Anniversary Event
The truth® Orange summer tour 2009 finished on a high -- and loud -- note September 6th in the heart of Hollywood. truth® crew members were onsite at Club Nokia as the VANS Warped Tour celebrated its 15th anniversary with a special concert featuring some of the tour's most popular artists of the last few years, including the All-American Rejects, Bad Religion, Katy Perry, NOFX, and Pennywise. The one-night event with its headlining performances will later be broadcast in more than 460 cinemas as a special theatrical event on Thursday, September 17. At the Club Nokia event, special 'signature stations' allowed teens to sign a petition as part of a movement to declare lung cancer "Big Tobacco Disease." Small signage and digital elements pointed out tobacco-related facts, and truth® crew members were on the ground to give away glow bracelets and lanyards featuring more info on truth® and the Big Tobacco Disease initiative. truth® has been a highly-visible sponsor of the VANS Warped Tour, a summer traveling concert series featuring up and coming artists. The distinct truth® zone features a big orange truck, a DJ spinning popular tunes, and a crew of truth® marketers talking to teens, supervising contests and games, and passing out gear - all designed to give teens the honest facts about tobacco use and the marketing practices of the tobacco industry.
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San Francisco to Ban Tobacco in Pharmacies
The city of San Francisco, Calif., has won a legal victory in the fight to ban tobacco sales in pharmacies around the city. Phillip Morris had challenged the ordinance, claiming it was a violation of free speech, however, a federal appeals court on September 9, 2009 rejected that argument, allowing the city to enforce its ban on tobacco sales in drugstores. The ordinance, which goes into effect in October, is the first of its kind in the nation. The foundation was one of several health groups who signed an amicus brief in favor of the city. Public health groups around the country have pointed out the invasive marketing tactics of the tobacco industry and the irony of their decades-long promotion and sale in pharmacies and drug stores, a trend that has increased in the past 20-25 years.
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Congress Breathes Easier, Thanks to Speaker Pelosi's Successful Efforts to Eliminate House Smoking Rooms
The foundation applauds Speaker Nancy Pelosi and all those in the U.S. House of Representatives who have worked tirelessly to protect Capitol Hill staff and visitors from the dangers of second-hand smoke. On Thursday, September 16, 2009, the House's last two indoor smoking rooms are being cleaned and converted to smoke-free dining areas. It is no secret that secondhand smoke is dangerous - it causes 50,000 deaths per year in the U.S. Our halls of government should be playing a leadership role in ensuring clean indoor air for their staff and the visiting public and setting a positive example for other work places and public spaces nationwide. The closing of the smoking rooms in the Longworth and Cannon House office buildings is one more indication that we're moving in the right direction and toward a smoke-free America. Congratulations and thank you, Speaker Pelosi.
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NCI Tobacco Control Monograph
 National Cancer Institute's Tobacco Control Monograph 20, Phenotypes and Endophenotypes: Foundations for Genetic Studies of Nicotine Use and Dependence reviews the scientific foundation for genetic studies of nicotine use and dependence. The authors and editors reviewed and analyzed the growing body of research findings in the field to develop a scientific plan for incorporating genetic research into crossdisciplinary studies of nicotine dependence. It makes a strong case for continued and expanded research of genetic influences on tobacco use. A better understanding of the role of genetic susceptibility may help the public health community enhance already effective public policies for tobacco prevention and control. View the full text of the monograph online at http://cancercontrol.cancer.gov/tcrb/monographs/20/index.html.
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Legacy is always looking for people whose lives have been adversely affected by tobacco. Whether it is a parent trying to quit, a teen smoker or someone who started smoking because of advertising influences, we invite people to share their stories to support the tobacco awareness effort. If you or anyone you know is interested in becoming a storyteller, please contact the Communications Department at press@americanlegacy.org. Share your story, show your support and help us build a tobacco-free legacy.
To share your story and donate online, please visit www.MyLegacyStory.org.
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New Fact Sheets Available
In an effort to continue providing up-to-date and resourceful information to its stakeholders, the foundation has posted four new research fact sheets on its Web site www.americanlegacy.org. The new fact sheets detail tobacco use trends, the health impact of smoking and more for several topics. You can also access them by clicking below:
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Legacy Remembers Senator Edward M. Kennedy: A Crusader for Public Health
Senator Edward M. Kennedy was a towering figure in the United States Senate for more than 40 years, fighting for many important issues, but top among them were public health and social justice. His commitments to making positive change in this country related to tobacco prevention and cessation cannot be overstated and are a prominent part of his legacy. The American Legacy Foundation's Board of Directors and staff convey their condolences to the Senator's family, staff and colleagues as the nation mourns his passing. To read the full statement, click here.
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Reaching the Hispanic Community with a Life-Saving Message
Research shows that more than four million Hispanics in the United States smoke, so protecting the health of Hispanics from the leading cause of preventable death is an issue that we consider when we celebrate Latino culture September 15 - October 15, 2009. From Legacy's funding of grantees focusing on the Hispanic community, to the various Spanish-language elements of the national quit-smoking campaign, EX®, we are committed to sharing life-saving tobacco prevention and cessation messages. To view more facts about how tobacco affects this community, click on Legacy's fact sheet here.
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Read More About Our Grantees:
HiTOPS
HiTOPSis a one-stop health shop for adolescents and young adults in Princeton, New Jersey. For 20 years, young people have come to this innovative clinic for healthcare advice on issues ranging from reproduction issues to substance abuse. The Legacy funded iQuit! Program has educated more than 300 young people (18-24) with the knowledge and tools they need to stop smoking by giving them cessation information and skills using technology-based services (podcasts, text messaging and on-line "Ask the Expert" services) that appeal to today's technology-savvy young adults. Each component of the program is available in both English and Spanish. The program has about 65 community members enrolled in smoking cessation services, and maintains a presence on MySpace and Facebook. The NACCHO (National Assoc. City& County Health Officials) recently designated HiTOPS with a national award recognition as an innovative public health program.
Idaho State University The Hispanic Teen Cross Cultural Tobacco Prevention Media Advocacy project works with an existing teen Hispanic coalition from Canyon County, Idaho, to develop professional radio spots and pay for broadcasting in their media market. To support the no smoking messages, the teens develop an on-the-ground social marketing campaign. The intent of this project is to develop structural and community capacity for anti-tobacco media advocacy in the Hispanic community.
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Hispanic Heritage Month Profile: Skating into a Bright Future with truth®
 Two times over, truth® crew member Eddie Contreras got the opportunity to see up close how tobacco use impacts the Hispanic community and others. Contreras, 26, returned to the summer truth® tour for a second year, playing a leadership role on a team of truth® crew members who went to urban and hip hop concerts, action sports events, and community gatherings across the U.S. The team also spent a large part of the summer doing so-called "guerrilla" events. Without the benefit of having a truth® truck and DJ accompanying them, the team would simply hang out at venues where teens typically gather like skateparks and shopping malls, and communicate with teens one-on-one about the dangers of tobacco use.
For Contreras, of Puerto Rican heritage and a Bronx native, the work was particularly meaningful. "When I go into some of these neighborhoods where kids don't have Cable and they can't afford to come to some of the events we sponsor, it really opens my eyes. Whether it is speaking to a pregnant teen at the Bronx Zoo or bumping into a kid at a skatepark wearing the t-shirt I gave him last year, it always reminds me of the importance of guerrilla marketing," Contreras said.
Beyond the significant work he did reaching teens with important messages, Eddie also showed a talent for on-air presentation. Along with doing numerous media interviews, he was featured in short, truth®-related video segments on the fuse and fuel cable networks. Producers for the action sports-focused fuel network were so impressed with Eddie's abilities, that he hosted one segment from Portland, Oregon, on the AST Dew Tour. In addition, Eddie and the rest of his team met with Congressional offices on Capitol Hill in July, educating lawmakers and their staffs about the important of youth smoking prevention and the work of the truth® campaign.
"I have been a part of truth® for two summers now and it seems that even when I am not on tour it is still with me everywhere I go. I find myself still taking the truth® shirt off of my back to give to people and let them know what we are all about, stopping groups of kids just to let them know about the website, and just sharing the wealth of knowledge I have obtained in general," he added.
Spending time in skateparks and educating teens on tobacco use is a natural fit for Eddie. His life goal: to open his own skatepark in New York City, in conjunction with an academic program that helps young people learn and better their lives. If his success on the truth® tour is any indication, Contreras is gliding toward his goal just fine.
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