US: Court refuses to get involved in tobacco fight

The Supreme Court has refused to get in the middle of a patent fight over a way to cure tobacco that may make it less carcinogenic. The high court on Monday 9th March refused to hear an appeal from R.J. Reynolds Tobacco Co., who is being sued by Star Scientific, Inc. Star Scientific, Inc. says R.J. Reynolds Tobacco Co. infringed on its patents on a way to cure tobacco minimizing the formation of tobacco-specific nitrosamines or TSNA, which may be carcinogenic.

But a trial court says the patents are unenforceable, because the inventor kept from the Patent and Trademark Office key documents and information - including that low-TSNA tobacco already had been grown in the U.S. The U.S. Court of Appeals for the Federal Circuit overturned that decision, saying a judge cannot throw a patent out without clear and convincing evidence that a deception was intentional.

R.J. Reynolds lawyers wanted the high court to look at the case again, saying the appeals court ignored previous rulings on how to judge when a patent applicant doesn't turn over all required information. The case has been sent back to U.S. District Court. "The company looks forward to presenting the facts of its case to a jury at trial this spring," Star Scientific said in a news release.

In 1998, Jonnie Williams of Star started working on a patent on his process of preventing TSNA formation by lessening the drop in oxygen levels through control of airflow, humidity and temperature inside the curing barn. But a Star consultant in a letter said an old-style way of curing tobacco called radiant heat curing - not commonly used in the United States anymore but still used in China - resulted in low TSNA tobacco. That letter was never given to the Patent and Trademark Office.

A U.S. District judge ruled that Star's patents were unenforceable because they kept that information from the patent office. But the U.S. Circuit Court of Appeals for the Federal Circuit reversed that decision, saying the lower court had erred by saying Reynolds had proven that Star and Williams had intended to deceive patent officials.

"Just as it is inequitable to permit a patentee who obtained his patent through deliberate misrepresentations or omissions of material information to enforce the patent against others, it is also inequitable to strike down an entire patent where the patentee only committed minor missteps or acted with minimal culpability or in good faith," the court said.

The case is R.J. Reynolds v. Star Scientific, 08-918.

Source: The News & Observer, 09 March 2009
Link: http://tiny.cc/Iif4Z

Students get shock tactics on smoking

School pupils have been shown images of blackened lungs in an attempt to put them off cigarettes as part of National No Smoking Day. A real lung - damaged by years of cigarette smoke - has been put on show as part of Gunther von Hagens' Body Worlds exhibition in London. Chris East, from the Lambeth Academy in London, brought year nine and ten pupils along.

He saw the exhibition in 2002 and said: "Seeing the devastation it makes to the lung really puts me off smoking and I haven't smoked since. I really wanted to share that with the kids." The exhibition comes as campaigners try to get Britain's nine million smokers to quit. And organisers say the recession is actually helping people to give up - some smokers spending over £2,000 a year on cigarettes.

Source: Yahoo News, 12 March 2009
Link: http://tiny.cc/xKWsu

China tells doctors to quit smoking to set example to patients

The Chinese health ministry has launched a campaign to stop smoking among doctors and other medical workers. More than half of male Chinese doctors smoke, reflecting the widespread consumption of tobacco in the country, which is the world’s biggest producer of cigarettes. The health ministry hopes to convince doctors to quit the habit and set a better example for the 350 million Chinese people who smoke.

Ten medical schools and 10 medical associations have signed up to the campaign and pledged to make their premises smoke-free. They have also agreed to promote tobacco control among students and doctors. "The aim is to develop smoke-free hospitals and create a generation of tobacco control experts in the medical community who will champion a reduction in smoking," Sarah England, a tobacco control expert in the World Health Organization’s Beijing office, told the BMJ. "We want doctors to be role models and advocates of good, healthy behaviour, rather than exposing patients and other staff to a toxic substance."

China’s health minister, Chen Zhu, was reported by state media as saying, "Medical workers and those who take the decisions regarding people’s health should take the lead to quit smoking and completely ban indoor smoking to set a good example for their patients and others who look up to them. International experience has it that when doctors give up smoking, it encourages a lot of others to kick the habit."

China has the highest rate of smoking among doctors in the world, according to the China Preventive Medicine Association, with 56.8% of male doctors using tobacco. In the general population 57.4% of men and 2.6% of women smoke, according to the latest national survey, which was completed in 2002. Smoking is one of the biggest single causes of premature death in China, with 673 000 people dying of smoking-related illnesses such as cancer, cardiovascular disease, and respiratory disease in 2005, according to a study in the New England Journal of Medicine (2009;360:150-9, http://content.nejm.org/cgi/content/full/360/2/150). Smoking rates spiked in the 1970s and 1980s, and although the growth in cigarette consumption has eased, more Chinese people are still taking up smoking each year.

"We’re only at the beginning of the tsunami wave of deaths from tobacco," said Ms England. "We wouldn’t expect mortality rates from tobacco to peak for another 30 years." She added that doctors are in a position to make a big difference with minimal effort. "Evidence shows that even if doctors give just very brief advice—asking patients if they smoke and then advising them that quitting smoking is the best thing you can do for your health—they can help one out of 40 smokers to give up," she explained.

Source: BMJ 2009;338:b993
Link: http://tiny.cc/FxrTI

The effect of retail cigarette pack displays on unplanned purchases: results from immediate post-purchase interviews

Abstract

Objective: To assess the influence of point-of-sale (POS) cigarette displays on unplanned purchases.

Methods: Intercept interviews were conducted with customers observed purchasing cigarettes from retail outlets featuring POS cigarette displays. Measures included: intention to purchase cigarettes prior to entering the store; unprompted and prompted salience of POS cigarette displays; urge to buy cigarettes as a result of seeing the POS display; brand-switching; and support for a ban on POS cigarette displays.

Results: In total, 206 daily smokers aged 18–76 years (90 male, 116 female) were interviewed. Unplanned cigarette purchases were made by 22% of participants. POS displays influenced nearly four times as many unplanned purchases as planned purchases (47% vs. 12%, p<.01). Brand switching was reported amongst 5% of participants, half of whom were influenced by POS displays. Four times as many smokers were supportive of a ban on POS cigarette displays than unsupportive (49% vs. 12%) and 28% agreed that such a ban would make it easier to quit.

Conclusions: POS tobacco displays act as a form of advertising even in the absence of advertising materials. They stimulate unplanned cigarette purchases, play an important role in brand selection, and tempt smokers trying to quit. This justifies removing POS tobacco displays from line-of-sight—something to which very few smokers in our sample would object.

Source: Carter, O.B.J., et al. Tobacco Control Journal, 04 March 2009
Link: http://tiny.cc/OmyJ5

Tobacco firm vows to sue if forced to sell cigarettes in white packets

A tobacco firm has vowed to sue the Government if it is forced to sell cigarettes in plain white packets. Imperial, makers of Lambert & Butler, Embassy and Regal, said the plan to ban branding will leave them no way to advertise nor would it reduce the appeal.

It has written to No.10 warning it will seek a judicial review for breach of intellectual rights.

Action on Smoking and Health said: "The industry knows one cigarette tastes like another. It is only in the packet you position them as 'cool'."

Source: The Mirror, 02 March 2009
Link: http://tiny.cc/dcvi5

New edition of the Tobacco Atlas catalogues catastrophic toll of tobacco worldwide

The American Cancer Society and World Lung Foundation has released a new edition of The Tobacco Atlas on Tuesday March 10th at the World Conference on Tobacco and Health in Mumbai.

The book graphically depicts the global impact of tobacco use, including statistics such as:

· Tobacco’s estimated US$500 billion drain on the world economy exceeds the total annual expenditure on health in all low- and middle-resource countries.

· Tobacco killed 100 million people in the 20th century and could kill 1 billion in the 21st century.

· Tobacco accounts for about 8.8 percent of all global deaths and 4.2 percent of disabilities.

· Nearly half the world’s children are exposed to deadly tobacco smoke in their daily environment.

· If the tobacco industry were a country, it would have the 23rd-largest GDP, surpassing Norway and Saudi Arabia.

· 40 percent of the world’s smokers live in India and China.

The Tobacco Atlas also has an online, interactive companion with downloadable data sources, charts, maps, images and tools for customizing and sharing this world-class research. Visit TobaccoAtlas.org for the online version.

Source: World Lung Foundation Press Release, 27 February 2009

US: House panel approves FDA tobacco oversight

The U.S. Food and Drug Administration would gain new power to regulate cigarettes and other tobacco products under legislation passed by a U.S. House of Representatives panel on the 4th March. The proposal, which passed 39 to 13 but must still win approval by the full House and Senate, would authorize the FDA to oversee the controversial, multibillion-dollar tobacco industry, including its advertisements and product designs. The FDA already oversees drugs, devices, most foods, cosmetics and animal drugs.

"Regulating tobacco is the single most important thing that we can do right now to curb the deadly toll of tobacco," said House Energy and Commerce Committee Chairman Rep. Henry Waxman, who introduced the bill. A similar measure by the California Democrat passed the House last year but stalled in the Senate. Giving the federal government authority over tobacco products would help curb smoking, which can cause a number of expensive and preventable health problems such as cancer, heart disease and other lung disorders, Democrats said.

The bill calls for a separate FDA center funded by user fees from tobacco companies to monitor ingredients, inspect manufacturing facilities, and oversee marketing. It does not allow FDA oversight of tobacco farmers. Critics have expressed concern about the FDA's ability to handle an entirely new industry given recent problems with contaminated peanuts and other foods. Last year, a widely used blood thinner was recalled over tainted ingredients from China. "The FDA is the wrong agency at the wrong time to give this type of responsibility," said Texas Rep. Joe Barton, the committee's ranking Republican. Barton and other Republicans also said the measure could give the false impression that cigarettes are safe.

Industry reaction has been mixed, with the nation's largest cigarette maker, Altria Group Inc's Philip Morris unit, voicing support. Some smaller companies also back it, but others such as Reynolds American Inc's R.J. Reynolds Tobacco unit say it would burden manufacturers, who would have to register with the FDA and keep various records. Other makers include Vector Group Ltd's Liggett Group Inc, Lorillard Inc's Lorillard Tobacco Company, British American Tobacco Ltd, and Brown & Williamson. After the vote Altria called the bill "tough but reasonable." Other companies had no immediate comment.

Source: Reuters UK, 04 March 2009
Link: http://tiny.cc/jOTsL

Tobacco chewing and female oral cavity cancer risk in Karunagappally cohort, India

Abstract

This study examined oral cancer in a cohort of 78 140 women aged 30–84 years in Karunagappally, Kerala, India, on whom baseline information was collected on lifestyle, including tobacco chewing, and sociodemographic factors during the period 1990–1997. By the end of 2005, 92 oral cancer cases were identified by the Karunagappally Cancer Registry. Poisson regression analysis of grouped data, taking into account age and income, showed that oral cancer incidence was strongly related to daily frequency of tobacco chewing (P<0.001) and was increased 9.2-fold among women chewing tobacco 10 times or more a day. The risk increased with the duration of tobacco chewing during the first 20 years of tobacco chewing. Age at starting tobacco chewing was not significantly related to oral cancer risk. This is the first cohort study of oral cancer in relation to tobacco chewing among women.

Source: Jayalekshmi, P.A. et al., British Journal of Cancer, 03 March 2009
Link: http://tiny.cc/7lssA

Philipines: Tobacco prices hit record high

For the second straight year, prices of tobacco leaves have reached unprecedented heights. Andy Reyes, president of the Philippine Association of Tobacco-based Cooperatives (PATCO), said top grade virginia “AA” tobacco leaves are now selling at P68-P80 a kilo compared to P61-68 last year. Reyes said other Virginia tobacco grades have posted similar price increases..

For burley, Reyes said the top grade – grade A – is being bought at P67 a kilo, which is way above the floor price set by the National Tobacco Administration. Reyes thanked Agriculture Secretary Arthur Yap, NTA Administrator Carlitos Encarnacion and tobacco buying companies for their support to the leaf growers that included production assistance.

He said farmers subscribed to the farming technology of the DA-NTA and the tobacco companies and acknowledged the “diligence” of NTA tobacco production and regulation officers who assisted them. At the same time, Reyes called on the Department of Agriculture and tobacco firms to help affected farmers rehabilitate their curing barns that have been damaged.

Affected are former tobacco farmers who had earlier shifted to other crops but have now returned to tobacco growing due to last year’s high leaf prices. He said that they had abandoned their curing barns and were exposed to the elements.

Source: ABS CBN News, 10 March 2009
Link: http://tiny.cc/7AlZ8

Early Day Motions

Point of Sale Display of tobacco products EDM 189 now has 58 signatories. Click here

Plain Packaging of Tobacco Products EDM 554 now as 57 signatories. Click here

Sale of Tobacco From Vending Machine EDM 768 now has 57 signatories Click here

Source: ASH Westminster Review, 13 March 2009

Ireland: 40% of shops still sell cigarettes to children

Over 40% of shops are still willing to sell cigarettes to children, according to the latest figures from the Office of Tobacco Control. However that's an improvement on two years ago when almost half of shops were willing to break the law.

It comes as the office announces the banning of all tobacco display and advertising in shops from July onwards, and the replacement of cash operated vending machines with token machines. OTC Chief Executive Éamonn Rossi says if shops are stricter on who they sell cigarettes to, underage smoking rates will fall.

Source: Belfast Telegraph, 04 March 2009
Link: http://tiny.cc/56CTX

Medical students lack basic knowledge about smoking: Findings from two European medical schools

Abstract

Introduction: Prevention of smoking-related disease is a major challenge to medicine. Although interventions delivered by clinicians can reduce smoking rates, the teaching of smoking cessation methods is not a top priority in most medical curricula.

Methods: Medical students from Göttingen, Germany (n = 1,435), and London (n = 656) were asked to complete a questionnaire on smoking-related mortality and the effectiveness of different approaches to smoking cessation. In addition, students’ perceived competence to counsel smokers was assessed.

Results: Smoking-related mortality was underestimated by students from both study sites. The data suggest that smoking medical students greatly overestimated the chances of reaching old age as a smoker. A substantial number of students falsely assumed that nicotine causes coronary artery disease. Overall knowledge of the long-term effectiveness of smoking cessation methods was poor. For example, medical students from Göttingen considered "willpower alone" more effective than comprehensive group cessation programs. Less than a third of medical students from both study sites felt competent to counsel smoking patients. This finding was constant across different stages of medical education.

Discussion: Students in both countries lacked relevant information about smoking and health and the effectiveness of cessation methods. Given the importance of smoking in practically all aspects of medicine and the role of clinicians in advising patients on and aiding cessation, this problem urgently needs to be addressed.

Source: Raupach, T. et al., Oxford Journal of Nicotine & Tobacco Research, 27 January 2009
Link: http://tiny.cc/wt6Xw

Euro MP slams cigarettes firm

A Euro MP who represents Derbyshire has slammed one of the world's largest tobacco firms for offering tickets to the Strictly Come Dancing tour as perks to MPs' aides. Glenis Willmott said she was appalled at the move from Japan Tobacco.

Mrs Willmott said: "It is outrageous that these perks were offered by a company which has a 40% share of the British cigarette market, as legislation that will ban the display of cigarettes is about to go before the House of Lords and MPs."

Source: thisisderbyshire.co.uk, 07 March 2009
Link: http://tiny.cc/qV5Zj

PQ: Smoking prevalence

Stephen Williams (Bristol West, Liberal Democrat): To ask the Secretary of State for Health what assessment he has made of the effectiveness of the smoking ban in reducing levels of smoking in England.

Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour): Smoke free legislation was introduced primarily to protect people from the harm of second hand smoke in enclosed parts of work and public places. On 1 July 2008 the Department published the report "Smokefree England—one year on", which gives details of the impact of the smoke free law in its first year.

A copy of the "Smokefree England—one year on" report has already been placed in the Library. Research has been commissioned by the Department, which will evaluate various aspects of the impact of the smoke free law in England. The resulting reports will be published once completed and peer reviewed. In a report in July 2008 , Professor Robert West Cancer Research UK's director of tobacco studies based at University College London, presented findings from the 'Smokers' Toolkit Study' that shows smoke free legislation in England has helped more smokers to quit than ever before and will continue in preventing an estimated 40,000 premature deaths over the next 10 years.

Source: Hansard, 10 March 2009 Column 388W
Link: http://tiny.cc/ONO35

Northern Ireland: Health Minister launches smoke-free legislation report

Air in pubs is cleaner, more people are trying to quit smoking and compliance with the smoke-free legislation remains high. These are the key findings of a report launched by the Health Minister on No Smoking Day, which examined the impact of the smoke-free legislation in Northern Ireland, one year after its introduction. The report, ‘Smoke-Free Legislation in Northern Ireland - A One Year Review’ (from the implementation of the ban in April 2007) found that:

There was a 94% reduction in average fine air particulate levels and a 92% reduction in average air nicotine levels;
Compliance levels remain high with 97% of businesses respecting the smoking ban;
There was a 56% increase in the number of people setting a quit date, leading to a 2% reduction in overall smoking compliance from 25% in 2006/07 to 23% in 2007/08.

The Minister said: “The legislation has ensured that we can work and socialise in the knowledge that we are safe from exposure to the toxic chemicals produced by tobacco smoke. The air we breathe is now much cleaner and healthier with our research showing a 92% reduction in air nicotine levels. It is therefore not surprising that the people of Northern Ireland have totally embraced this legislation.

Compliance levels remain high at 97%. The Minister continued: “I want to thank businesses for their co-operation and compliance. The people of Northern Ireland wanted this legislation and jointly business and the general public are continuing to make it work. I must also pay tribute to local council environmental health teams for their role and continued commitment.”

The Minister acknowledged that further work was required to achieve the department’s ultimate aim of a tobacco-free society. He said: “Although not the main aim of the smoke-free legislation, I am pleased that more smokers have taken steps to quit. Our smoking prevalence rate is now 23%, the lowest it has been in over 20 years. Smoking is a highly destructive habit so I want to bring this rate down even further and I know the vast majority of smokers want to give up. This is No Smoking Day and I would encourage you do so today. Help is available through specialist smoking cessation services, including those based in community pharmacies, where support is now more accessible than ever following my decision to reduce the cost of prescriptions before they become free in 2010.”

Pharmacy services provide a 12 week support programme of advice with Nicotine Replacement Therapy (NRT), if appropriate, supplied free to smokers who are exempt from prescription charges. For those who pay for their prescriptions a 4 month pre-payment certificate can be purchased at a cost of only £9 where it had previously been £38.85.

The report, 'Smoke-Free Legislation in Northern Ireland - A One Year Review', is available online

Source: Northern Ireland Executive, 11 March 2009
Link: http://tiny.cc/tt9Zm

Varenicline reduces alcohol self-administration in heavy-drinking smokers

Abstract

Background: Alcohol and tobacco dependence are highly comorbid disorders, with preclinical evidence suggesting a role for nicotinic acetylcholine receptors (nAChRs) in alcohol consumption. Varenicline, a partial nicotinic agonist with high affinity for the α4β2 nAChR receptor, reduced ethanol intake in rodents. We aimed to test whether varenicline would reduce alcohol consumption and alcohol craving in humans.

Methods: This double-blind, placebo-controlled investigation examined the effect of varenicline (2 mg/day vs. placebo) on alcohol self-administration using an established laboratory paradigm in non-alcohol-dependent heavy drinkers (n = 20) who were daily smokers. Following 7 days of medication pretreatment, participants were first administered a priming dose of alcohol (.3 g/kg) and subjective, and physiologic responses were assessed. A 2-hour alcohol self-administration period followed during which participants could choose to consume up to 8 additional drinks (each .15 g/kg).

Results: Varenicline (.5 ± SE = .40) significantly reduced the number of drinks consumed compared to placebo (2.60 ± SE = .93) and increased the likelihood of abstaining from any drinking during the self-administration period. Following the priming drink, varenicline attenuated alcohol craving and reduced subjective reinforcing alcohol effects (high, like, rush, feel good, intoxicated). Adverse events associated with varenicline were minimal and, when combined with alcohol, produced no significant effects on physiologic reactivity, mood, or nausea.

Conclusions: This preliminary investigation demonstrated that varenicline significantly reduced alcohol self-administration and was well tolerated, alone and in combination with alcohol in heavy-drinking smokers. Varenicline should be investigated as a potential treatment for alcohol use disorders.

Source: McKee, A. et al., Biological Psychiatry, 27 February 2009
Link: http://tiny.cc/Co9OW

US: Reynolds ups cigarette list prices, cuts discounts

R.J. Reynolds Tobacco Co has said that it would raise prices on Camel and other cigarettes and offer retailers of those products a smaller discount, a move that comes as the U.S. government hikes excise taxes. Rival Philip Morris USA, owned by Altria Group, also said earlier this week it would raise prices on its Marlboro and other cigarette brands, though R.J. Reynolds is taking a smaller increase in its list prices.

The federal excise tax on cigarettes, which is levied on the tobacco companies, is set to go up by 61 cents to total $1 per pack on April 1. Prices consumers pay for cigarettes vary widely depending on city and state taxes.

A spokesman said R.J. Reynolds would raise the list price on Camel, Kool, Winston and Salem by 44 cents a pack, effective on March 16. R.J. Reynolds is a unit of Reynolds American Inc. The company's Pall Mall and Doral brands will get an increase of 41 cents a pack, while some lesser known brands are getting higher increases. The list price of GPC, a value brand, will go up 71 cents per pack, while prices for brands such as Vantage, More and Now will go up 78 cents per pack. The spokesman said the company is not changing the price of Camel snus, a smokeless tobacco product.

Philip Morris raised the price of Marlboro by 71 cents per pack and made other pricing changes. Reynolds is also going to be making some adjustments to its discounting at retailers, the spokesman said. While the list price increases may be less than ones being taken by Philip Morris, "we will primarily be aligned with our competitors," he added.

Reynolds does not disclose list prices. The company raised the list price on Camel, Kool, Winston and Salem by 15 percent, the spokesman said. That increase excludes the impact of the adjustments being made to the discounts given to retailers.

Source: Reuters UK, 06 March 2009
Link: http://tiny.cc/8aGOn