 January 2010
Correction Note(s):
- The article link "FDA Unable to Regulate E-Cigarettes" should read as follows: "Court Invalidates FDA Effort to Regulate E-Cigarettes as Drugs or Medical Devices."
- The link to the Little Cigars & Cigarillos fact sheet has been fixed.
In This Issue:
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Free NRT for Smokers Looking to "Become an EX
®"
The vow to
quit smoking is one of the most common -- and most difficult -- New Year's resolutions
people can make. Oftentimes, smokers who try to quit without the support of
nicotine replacement therapies (NRTs) are unsuccessful. In fact, about 97
percent of all "cold turkey" quit attempts fail within six months.
In order
to help smokers looking to quit, Legacy and GlaxoSmithKline have partnered to
offer free Nicorette® starter packs to more than 125,000 members of
the EX®community found at www.BecomeAnEX.org. The site helps smokers
"re-learn life without cigarettes" by providing a free, comprehensive three-step
quit plan and access to a robust online community of quitters. Nicotine
replacement therapy can help relieve nicotine cravings that happen as a result
of quitting smoking, and can double a smoker's chances of quitting.
"New
Year's is one of the most popular times for smokers to consider quitting
smoking; however, many smokers need support to do so successfully. Smokers who
make the important decision to quit should utilize available resources to help
them understand what to expect when quitting," said Dr. Cheryl Healton,
president and CEO of Legacy. "EX is a program that provides
smokers with the tools to help them 're-learn life without cigarettes.' Having
access to a cessation medication is an important part of a comprehensive quit
attempt. Medication can help address cravings and ease withdrawal symptoms
while quitting."
Click here to learn more about the EX partnership.
Smokers interested in
quitting can access free quit plans, tools and resources at www.BecomeAnEX.org.
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Ohio Tobacco Dispute Moves to State Supreme Court
Legacy
is continuing its efforts to preserve tobacco funds in the Buckeye State, by
taking its battle to Ohio's Supreme Court.
On
New Year's Eve, the Ohio Court of Appeals of Franklin County, Tenth Appellate
District reversed a lower court's order , which had permanently
enjoined the State of Ohio from dissolving the endowment of the Ohio Tobacco
Prevention Foundation (OTPF). This decision was the latest in an ongoing legal dispute that begin in
April 2008, when the Governor of Ohio announced
plans to fund an economic stimulus package in part by diverting the OTPF's
endowment. That action sparked Legacy and two individual plaintiffs - both
former Ohio smokers who had benefited from OTPF programs - to take action.
According to a foundation statement, "The Tenth Appellate Court's decision
demonstrates a major step backward for efforts lead by Legacy to preserve the
state's tobacco prevention money for its intended purpose: to save Ohioans'
lives." On January 6, Legacy's Board of Directors announced it would appeal the
decision by taking the dispute to the Supreme Court of Ohio.
Smoking costs Ohio more
than $4 billion in annual health care costs and another $4.7 billion annually
in smoking-related productivity loss (in 2004 dollars). According to a 2007 Legacy
report, Ohio's Medicaid system could save $550 million within five years if all
Medicaid beneficiaries who smoke, quit. Out of the 50 states, Ohio would reap
the third-largest gain in savings. These findings could make the case that
despite Ohio's economic downturn, keeping these funds focused on tobacco
control is a wiser long-term investment, ultimately saving Ohioans' lives and
money. Legacy President & CEO Dr. Cheryl Healton weighed in on the matter
in an op-ed to the Columbus Dispatch,
published January 10.
Click here to read
the editorial.
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Court Invalidates FDA Effort to Regulate E-Cigarettes as Drugs or Medical Devices
On January
14, Federal District Court 
Judge Richard J. Leon, ruled that the Food and Drug
Administration (FDA) does not have the authority to regulate electronic
cigarettes as drugs or medical devices as the FDA had argued. In his ruling,
Leon concluded that the FDA exceeded its authority when it blocked importation
of the devices from China. Judge Leon referred to the controversial product as
"the functional equivalent of traditional cigarettes." According to
Leon, the FDA may seek to regulate these products, if at all, only as tobacco
products subject to the recently enacted Family Smoking Prevention and Control
Act. Legacy understands that the FDA is reviewing Leon's decision and deciding
whether to appeal. We will keep you apprised of any updates.
Electronic
cigarettes ("e-cigarettes") are devices, about the size of a regular cigarette.
They operate by electronically vaporizing a solution that often contains
nicotine, creating a mist, which is then inhaled. There is no publicly
available independent research on the safety of e-cigarettes. An FDA analysis
of a small sample of e-cigarette products showed detectable levels of known
carcinogens and toxic chemicals. E-cigarettes are available in various flavors
and claimed strengths of nicotine cartridges. E-cigarettes have not been available in the
U.S. for more than a few years, but for $100 to $150 or so, a user can buy a
starter kit including a battery-powered cigarette and replaceable cartridges.
Read Legacy's policy
statement on electronic cigarettes.
Click here to view Legacy's fact
sheet on electronic cigarettes.
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Kentucky Court Upholds Key Provisions of the New FDA Law
In the
first major legal challenge to the new FDA law, a Kentucky Federal District
Court judge upheld key provisions of the Act, rejecting the majority of claims
brought by a group of tobacco manufacturers. The court, however, did invalidate
two provisions in the law. The case was brought by Commonwealth Brands,
Lorillard Tobacco Company, RJ Reynolds Tobacco and several other small tobacco
companies. In the January 5, 2010 decision, the court upheld the ban on
brand-name event sponsorship and merchandise, the requirements that updated and
graphic warnings occupy 50% of the front and rear panels of cigarette packages
and 30% of smokeless packaging; the required prior approval for "modified risk
tobacco products"; the ban on outdoor advertising; and the restrictions on free
samples, gifts with purchase and marketing of tobacco products with any other
FDA-approved products. The court also upheld the authority of federal, state
and local governments to impose additional regulations on tobacco products and
marketing beyond those specified in the law and affirmed the FDA's authority to
issue further restrictions on tobacco marketing to protect the public health.
The court invalidated two provisions of the law: the ban on color and graphics
in packaging and advertising and the prohibition of claims implying that
tobacco products are safer as a result of FDA regulation. We expect that the
case will be appealed.
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Tobacco Ban on Tobacco Road
North
Carolina began the New Year with a fresh, smoke-free start. On January 2, 2010, the state implemented
an indoor smoking ban in restaurants and bars - a ban that Governor Beverly
Perdue had signed into law on May 18, 2009. Often referred to as the
"Tar Heel State," North Carolina farmers produce nearly half of the nation's
tobacco. With this new legislation, North Carolina becomes the 29th state to ban smoking in restaurants and the 24th state to ban
smoking in bars. The adult smoking rate in North Carolina is at 20.9 percent --
comparable to the national average of 20.6 percent. This ban, similar to how
bans are helping in other states, gives North Carolina smokers an additional
incentive to quit and improves the overall health and environmental climates
caused by tobacco use.
To learn more about the smoking ban in North Carolina, click here.
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Understanding the Similarities and Differences Between Little Cigars and Cigarillos
As cigarette consumption rates have declined over the past
decade, cigarillo and little cigar sales have increased dramatically. Over the
past two years, Legacy has been working to raise awareness about the increased
sales and consumption of little cigars and cigarillos and, more importantly, to
combat misconceptions that little cigars and cigarillos are safe alternatives
to cigarettes. These products contain the same compounds as cigarettes and can
be just as harmful and addictive.
Understanding the
differences between little cigars and cigarillos can be confusing and the two
terms are often used interchangeably. Little cigars resemble cigarettes in size
and appearance and are often sold in packs of 20. Cigarillos are usually larger
than little cigars and resemble a smaller version of a large cigar (example: Black and Mild). Cigarillos are often sold individually
or in small packs (between 2 and 5). For more information on little cigars and
cigarillos, including definitions, statistics on increased consumption and
health risks, please click here.
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Mind the Gap: What the U.S. Can Learn from the U.K.'s National Tobacco Control Strategy
As part of
the ongoing Warner Series bringing thought leaders to Legacy, the foundation hosted key tobacco control leaders from
Britainin a January 12th
presentation entitled "Mind the Gap: What
the U.S. Can Learn from the U.K.'s National Tobacco Control Strategy." The
lecture examined and discussed the evolution of effective tobacco control models
as well as policies to make smoking cessation tools and treatment as
accessible, attractive and efficacious as possible. Panelists included four
representatives from the U.K. and two from the U.S. The discussion began with an
outline of the U.K.'s tobacco
control strategy, then addressed topics including: drug regulatory
perspectives, research perspectives of the British smoker and the U.S.
perspective on these various approaches and methodologies. Following the
discussion, panelists answered questions from the in-person and online attendees.
You can
watch to the Webcast and view the PowerPoint presentation online here.
To submit questions regarding the Warner Series and this particular broadcast,
email press@legacyforhealth.org.
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EX® Featured on The Doctors
On January 4th, EX® was featured on the CBS show The Doctors. BecomeAnEX.org is also be featured on The Doctors Web site. The show was part of a New Year's resolutions segment where approximately 50 smokers in the studio audience were challenged to quit in 2010. EX provided branded giveaway materials for each of the quitters and the show will feature the EX program as well as 1-800-QUIT-NOW. A follow-up show is tentatively planned for March of 2010.
To join The Doctors Community Group, click here.
Follow TheEXTeam on Twitter!
Become a fan of EX on Facebook!
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