Judge refuses to certify class in Marlboro medical-monitoring suit

A California federal judge has denied class certification to a pair of smokers who argued that Philip Morris USA should establish a medical-monitoring program for long-term consumers of the company's Marlboro-brand cigarettes.

U.S. District Judge William Alsup of the Northern District of California said it is impossible to ascertain whether class members had 20-pack-year histories of smoking Marlboros.

"There is no good way to identify such individuals," the judge said.

"A smoker's rate of cigarette consumption and cigarette brand of choice are liable to change over time, and we cannot expect smokers to recall the cumulative total of Marlboro packs they have smoked," he explained.

A pack-year is calculated by multiplying the number of packs of cigarettes a person has smoked per day by the number of years the person has smoked.

The lawsuit is nearly identical to others being litigated in different states by the same group of attorneys.

It was brought by named plaintiffs Burt Xavier and James Franklin on behalf of asymptomatic individuals with 20-pack year histories of smoking Marlboro cigarettes, as well as recent quitters.

They sought medical monitoring through low-dose CT chest scans that would be provided by Philip Morris through a court-supervised screening program. CT scans can detect lung cancer earlier than X-rays.

They said the tobacco giant should fund such a program because its cigarettes deliver excessive levels of carcinogens and it had the ability to design and manufacture a safer cigarette.

Judge Alsup refused to grant class certification where the class definition fails "to describe a group of people whose membership can be ascertained in a reliable manner." He said the requirement that class members must have smoked Marlboro cigarettes for a minimum of 20-pack-years "nullifies" their bid for class certification.

Such a determination would require each class member to subjectively estimate his or her smoking history, the judge said.

"The question thus would come down to the state of mind of the putative class member, and it would be easy to fade in or out of the class depending on the outcome," he added.

Judge Alsup rejected the plaintiffs' argument that class membership could be determined by other methods such as through records for Philip Morris' customer loyalty program or class member affidavits.

He said Xavier and Burt can proceed with their claims for strict liability design defect and negligent design and testing on an individual basis.

The plaintiffs’ counsel is David Bricker of Waters Kraus Paul in El Segundo, Calif.

Defense attorneys are Tammy Beth Webb, Ina Doung-May Chang and Michael Kevin Underhill of Shook Hardy & Bacon in San Francisco.

Hookah bar lighting up downtown Kirksville

The Jinn Lounge is now open in downtown Kirksville and it's causing a bit of stir around the Heartland, but what is the big question on everyone's mind?

Will it last?

It all started as a facebook question.

What does Kirksville lack?

On March 25, Andrew Wu and Daniel Nixon brought to Kirksville what the youth were asking for, a hookah bar.

"I went around the dorm halls asking what Kirksville needed and they said a hookah bar, so we opened a hookah bar," said co-owner Andrew Wu.

The empty building at 106 South Elson has been transformed into a state of the art hookah lounge. It will feature hookah, coffee, drinks, and free wi-fi.

Co-owner Daniel Nixon said business is picking up.

"With the cash we have been getting so far, I think there is not alot to question that we will have a problem staying afloat whether or not we hire or expand could still be up for debate. We will just see what traffic we get during the week," said Nixon.

So what exactly is hookah? What separates it from smoking?

"I guess one of the essential differences is the social nature of hookah. You have a group of people sitting around a pipe and smoking together. It's relaxing and a cigarette is more of an individual type thing," Nixon said.

"We don't have marijuana here. It's illegal! We have flavored tobacco dipped in molasses and the flavor is added to it," Wu said.

However, the speculation continues.

What separates hookah from the city smoking ban?

"Actually there's a lot of misconceptions about the Kirksville smoking ban. It's not an all out smoking ban. It deals with restaurants, bars, banquet halls and a couple of other specific stores and coffee shops. It doesn't really cover what we are which is a tobacco retailer," Nixon said.

The question remains, will it last in Kirksville?

"Alot of kids can go there and it's not illegal for kids under 21. I just feel like people will go there because it gives them something to do," said a local student.

"It will probably die. There was one hookah bar. People don't usually didn't go there," said a Truman State student.

Now that their bar is open, the journey continues. It will depend on the citizens of Kirksville as to how far the journey actually takes them.

"It's a great place. If you like smoking, we got music and drinks. It's the same appeal to everyone. It is just a nice place to relax and have some fun," Nixon said.

Anti-tobacco group’s poll says Iowa voters support funding for quit-smoking programs

The poll commissioned by the Iowa Tobacco Prevention Alliance found:
• 85% of Iowa voters feel that it is a proper role of state government to encourage children and teenagers not to start smoking.
• 68% of those surveyed indicate they also view it as an appropriate function of state government to help Iowans stop smoking.
• 68% of those surveyed indicated they believe the state should continue all funding for addiction related services.
• After hearing throughout the survey the benefits of youth prevention services offered by the state, 65% of Iowans say they oppose abolishing funding for youth prevention services.
• After hearing throughout the survey the benefits of tobacco cessation services offered by the state, 63% of Iowans say they oppose eliminating funding for services that help Iowans quit smoking.
• 54% of Republicans in the survey oppose cutting funding for cessation services.
• 52% of Republicans surveyed oppose cutting funding for youth prevention services.

Cathy Callaway with the Iowa Tobacco Prevention Alliance stated, “Iowa voters understand the critical role prevention and cessation services play in reducing the death and disease caused by tobacco use as well as the health care costs associated with it.” She added, “Iowans view these services as a proper undertaking for State government, they are pleased with the success of the services that have been funded, and strong support exists for continued funding.”

Callaway added, “The perception among Iowa voters is clear: these services work, and we want them continued. Iowans have seen youth smoking drop from 33% in 2000 to 20% in 2008. Iowans have seen adult smoking decrease from 23% in 2000 to 14% in 2008. These services have worked, their success is undisputable.”

Peggy Huppert, Iowa Director of Government Relations for the American Cancer Society added, “Iowans want funding continued for both prevention and cessation services. The health effects of smoking and tobacco use cut across party lines and so does the support to continue funding. Over three in four current smokers indicate a desire to see prevention services for Iowa’s youth funded. We will be working closely with legislators from both parties during the final weeks of the State budgeting process. Our funding request of $7.8 million is well below the $12 million the program received just four years ago, and the $36.7 million recommended by the Centers for Disease Control and Prevention (CDC). But as the last ten years have shown, we have made every penny count, and we’re proud of our successes.”

The poll was conducted by Selzer & Co. in February. It surveyed 500 Iowa registered voters on their attitudes toward the Smoke-Free Air Act and proposals pending in the Iowa Legislature that address smoking issues. The full sample has a margin of error of plus or minus 4.4 percentage points.

Illegal tobacco factory - gang of four jailed

The gang were in the process of setting up an illegal counterfeit tobacco factory which would have netted them many millions of pounds in unpaid duty when they were raided by HM Revenue & Customs.

John Kay, HM Revenue & Customs (HMRC) Assistant Director of Criminal Investigation said:

"This was a planned fraud on a huge scale. If it had not been stopped the UK market would have been flooded with massive quantities of illegal counterfeit tobacco products. Criminals do not care who they sell to, they are only out to make a profit and line their own pockets. If you suspect or know about any illegal activities please call our 24 hour hotline on 0800 59 5000."

The plot was uncovered when over 100 HMRC officers, supported by Police and the Serious Organised Crimes Agency (SOCA) raided premises in Suffolk, Leicestershire, Nottinghamshire and Essex in July 2008. At a farm in Leicestershire, officers discovered over sixteen tonnes of raw leaf tobacco which would have been manufactured into hand rolling tobacco. The duty evaded on this amount of tobacco alone is estimated as £1.9 million. The scam was linked to Bulgaria and in a joint operation, officers from the Bulgarian National Counter Organised Crime Agency simultaneously searched premises in Bulgaria.

Robert John Minshall made arrangements to purchase a tobacco manufacturing machine from a company in Bulgaria. Although he made several visits to the country and contractually agreed to the importation of the machinery the delivery never took place. The day to day operation of the shredding machine and manufacture of the illicit tobacco products was to be controlled by David Vincent Scott and Nigel James Barton. William Keith Sartin also met with the trio to set up the factory.

Menthol Cigarettes Pose No Added Lung Cancer Risk: Study

The risk of lung cancer for people who smoke menthol cigarettes is no greater than that of those who prefer regular cigarettes, researchers report.

The findings echo those of a U.S. Food and Drug Administration advisory panel that made headlines Friday when it said a ban on mentholated cigarettes might benefit the public health. While the panel concluded that menthols' minty flavor seems to help people take up smoking more readily, it added that there was no evidence menthols were any more dangerous than regular cigarettes in terms of risks for lung cancer or other respiratory ailments.

The new study, published online March 23 in the Journal of the National Cancer Institute, seems to agree with that notion. In fact, the researchers found that people who smoke menthol cigarettes might even have a somewhat lower risk of developing and dying from lung cancer than other smokers.

But one expert said that no one should be misled by the findings into thinking menthols can keep lung cancer, emphysema and other respiratory diseases at bay.

"While this study finds no difference in lung cancer rates in smokers of menthol cigarettes versus non-menthol cigarettes, it is still inconveniently true that all cigarettes can cause lung cancer, as well as other cancers, heart disease, COPD [chronic obstructive pulmonary disease] and circulatory problems," said Dr. Len Horovitz, a pulmonary specialist at Lenox Hill Hospital in New York City. "There is simply no safe smoking."

The U.S. team analyzed data from almost 86,000 people taking part in an ongoing multiracial study in 12 southern states. They identified 440 lung cancer patients and compared them with more than 2,200 healthy people.

Menthol cigarettes were associated with lower lung cancer incidence and fewer lung cancer deaths than regular cigarettes, according to the study. For example, among people who smoked 20 or more cigarettes a day, menthol cigarette smokers were about 12 times more likely to develop lung cancer than never-smokers while the risk was about 21 times higher for smokers of regular cigarettes.

Menthol cigarettes are no more, and perhaps less, harmful than regular cigarettes, concluded study author William J. Blot, of the Vanderbilt-Ingram Cancer Center in Nashville, Tenn., and the International Epidemiology Institute in Rockville, Md., and colleagues.

The study authors agreed with Horovitz, however, that there is no safe cigarette.

"Cigarette smoking remains the leading cause of premature death in the United States, but undue emphasis on reduction of menthol relative to other cigarettes may distract from the ultimate health prevention message that smoking of any cigarettes is injurious to health," Blot's team noted.

After looking over its advisory panel's report, the FDA will consider whether to ban or regulate menthol cigarettes. According to officials, the first response to the report is due from the agency within three months.

2 face burglary, theft charges after store break-ins for cigarettes

An Indianapolis man broke out a Phillips 66 convenience store window and began stealing cartons of cigarettes early today, police said.

Police were nearby -- they've been frequenting the area after three previous thefts -- and quickly arrested Cole without incident about 12:30 a.m. at the store, 10400 N. Michigan Road.

Suspected getaway driver Carroll Walton, 53, Indianapolis, took off at a high rate of speed, and police pursued and pulled him about a mile away, said Carmel Police Department Lt. Jeff Horner.

The two were taken to the Hamilton County jail in Noblesville. Cole was preliminarily charged with three felony counts each of burglary and theft and held in lieu of $50,000 bond.

Walton remained held on two counts each of theft and burglary as well as counts of reckless driving, resisting law enforcement and driving while suspended with a prior convention. He's being held in lieu of $37,500 bond.

Surveillance footage from the store, police said, show the pair is responsible for at least two of the other robberies.

Horner didn't know if the two were later selling the cartons or just really needed a smoke.

"They were both pretty tight-lipped when they were brought in," Horner said.

SC allows ex-DOH chiefs to intervene in cigarette case

The Supreme Court (SC) has granted a motion of former health secretaries to intervene in the case of the Department of Health versus Mighty Tobacco Corporation and a Malolos, Bulacan Trial Court in connection with a Department of Health (DOH) administrative order on the inclusion of graphic health warnings in cigarette packaging.

In a 39-page motion for leave to intervene, former Health Secretaries Francisco Duque III, Jaime Galvez-Tan, Alberto Romualdez, Alfredo Bengzon and Esperanza Cabral, the one who issued the order herself, maintained that all cigarette manufacturers have to comply with the order requiring the inclusion of pictures depicting harmful effects of cigarettes on their packaging.

They said “the meddling of the tobacco industry is preventing the DOH from carrying out its mandate to protect and preserve the health and lives of Filipinos.”

Mighty Corporation, producer of “Sweetened” cigarettes and American-blended tobacco products, was able to secure an injunction order from the Malolos, Bulacan Regional Trial Court Branch 15 restraining the DOH from implementing DOH Administrative Order No. 13 also known as the “Graphic Health Information Order” issued in May 2010. Thus, the case pending before the high court filed by the Health Department.

Fortune Tobacco, owned by business tycoon Lucio Tan, also managed to secure an injunction order in Marikina City.

In a press statement, intervenors noted a World Health Organization study placing the number of deaths of Filipino from Tobacco smoke at 240 a day, “making it an alarming public health crisis.”