Wednesday, December 17, 2014

US Court orders tobacco companies to "tell the truth"

In June 2014, U.S. District Judge Gladys Kessler of the District of Columbia issued a final order in a long-standing case detailing how the major U.S. tobacco companies must publish court-ordered "corrective statements" to atone for decades of deception of the American public about their deadly products. The order by Judge Kessler includes a list of newspapers and TV networks in which the corrective statements must run, website announcements, and cigarette package “onserts” (information affixed to the packaging or cellophane wrapping).
Judge Kessler in November 2012 finalized the text of corrective messages that are to be made public.  United States v. Philip Morris USA Inc. et al., No. 99-CV-2496 (GK), 2012 WL 5928859 
Earlier this month, tobacco companies filed an appeal claiming that the phrasing in the proposed statements would "punish and humiliate" them, objections that rest largely on matters that were already decided by the D.C. court in 2009.
Below is the text of the five court-ordered Corrective Statements:
Adverse Health Effects of Smoking

A Federal Court has ruled that Philip Morris USA, R.J. Reynolds Tobacco, Lorillard, and Altria deliberately deceived the American public about the health effects of smoking, and has ordered those companies to make this statement.

Here is the truth:
• Smoking kills, on average, 1200 Americans. Every day.
• More people die every year from smoking than from murder, AIDS, suicide, drugs, car crashes, and alcohol, combined.
• Smoking causes heart disease, emphysema, acute myeloid leukemia, and cancer of the mouth, esophagus, larynx, lung, stomach, kidney, bladder, and pancreas.
• Smoking also causes reduced fertility, low birth weight in newborns, and cancer of the cervix.

Addictiveness of Smoking and Nicotine

A Federal Court has ruled that Philip Morris USA, R.J. Reynolds Tobacco, Lorillard, and Altria deliberately deceived the American public about the addictiveness of smoking and nicotine, and has ordered those companies to make this statement.

Here is the truth:
Smoking is highly addictive. Nicotine is the addictive drug in tobacco.
Cigarette companies intentionally designed cigarettes with enough nicotine to create and sustain addiction.
It's not easy to quit.
When you smoke, the nicotine actually changes the brain - that's why quitting is so hard.

Lack of Significant Health Benefit from Smoking “Low Tar,” “Light,” “Ultra Light,” “Mild,” and “Natural” Cigarettes

A Federal Court has ruled that Philip Morris USA, R.J. Reynolds Tobacco, Lorillard, and Altria deliberately deceived the American public by falsely selling and advertising low tar and light cigarettes as less harmful than regular cigarettes, and has ordered those companies to make this statement.

Here is the truth:
• Many smokers switch to low tar and light cigarettes rather than quitting because they think low tar and light cigarettes are less harmful. They are not.
• “Low tar” and filtered cigarette smokers inhale essentially the same amount of tar and nicotine as they would from regular cigarettes.
• All cigarettes cause cancer, lung disease, heart attacks, and premature death - lights, low tar, ultra lights, and naturals. There is no safe cigarette.

Manipulation of Cigarette Design and Composition to Ensure Optimum Nicotine Delivery

A Federal Court has ruled that Philip Morris USA, R.J. Reynolds Tobacco, Lorillard, and Altria deliberately deceived the American public about designing cigarettes to enhance the delivery of nicotine, and has ordered those companies to make this statement.

Here is the truth:
• Philip Morris USA, R.J. Reynolds Tobacco, Lorillard, and Altria intentionally designed cigarettes to make them more addictive.
• Cigarette companies control the impact and delivery of nicotine in many ways, including designing filters and selecting cigarette paper to maximize the ingestion of nicotine, adding ammonia to make the cigarette taste less harsh, and controlling the physical and chemical makeup of the tobacco blend.
• When you smoke, the nicotine actually changes the brain - that’s why quitting is so hard.

Adverse Health Effects of Exposure to Secondhand Smoke

A Federal Court has ruled that Philip Morris USA, R.J. Reynolds Tobacco, Lorillard, and Altria deliberately deceived the American public about the health effects of secondhand smoke, and has ordered those companies to make this statement.

Here is the truth:
• Secondhand smoke kills over 38,000 Americans each year.
• Secondhand smoke causes lung cancer and coronary heart disease in adults who do not smoke.
• Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, severe asthma, and reduced lung function.
• There is no safe level of exposure to secondhand smoke.

Tuesday, November 25, 2014

By law, NAIA should be 100% smoke-free indoors (part 3)

Click here for Part 1 and Part 2.

It took a while, but the Civil Service Commission Office of Legal Affairs finally responded to the MIAA general manager, reiterating that indoor smoking areas are NOT allowed, and that this is clearly stated in the CSC MC 17, s. 2009.

Here's a copy of the CSC-OLA letter (below).  So the question now is: Did the MIAA general manager disregard the CSC legal opinion by continuing to allow indoor smoking areas at NAIA? Should he not be held accountable for this?




By law, NAIA should be 100% smoke-free indoors (part 2)

In response to my letter, the Civil Service Commission called the attention of the Manila International Airport Authority, and the MIAA general manager in turn responded with his own letter (copied in full below; see also JPG image below).

I wonder where the GM got his copy of MC 17, s. 2009, because the clause he quoted ("prohibition shall not apply to those areas which have been designated as smoking areas with sufficient ventilation and available exhaust fans.") does not exist anywhere in CSC MC 17. For reference and to compare with a pdf copy of the CSC MC 17 s. 2009 as signed by CSC Chairman Saludo, please click here: http://excell.csc.gov.ph/MC2009/mc17s2009.pdf

Unfortunately, I did not have time to respond to the MIAA at that time.  Next: Part 3.


-----------------------
10 May 2012

DIR. MA. LUISA SALONGA-AGAMATA, Ph.D., CESO V
Director lV
Civil Service Commission
CSC Building, IBP Road
Constitution Hills, Quezon City

Dear Director Salonga-Agamata :

This pertains to your 23 April 2012, a copy of which we received on 27 April 2012, concerning the observations of Dr. Ulysses Dorotheo on the smoking room at the Ninoy Aquino lnternational Airport (NAIA) departure area.

At the outset, we wish to thank Dr. Dorotheo for putting forth his observations and bringing the matter to our attention. Rest assured that the Authority is ever mindful of its obligations under the law, including those pertaining to the prohibition on smoking in government offices and buildings.

Accordingly, we have strictly imposed a ban on smoking in our Administration Building, posted visible "no smoking" signs in strategic areas and properly designated smoking areas in the different NAIA terminals. ln this regard, we take due note of the provision contained in CSC Memorandum Circular No. 17, s. 2009, which states that the "prohibition shall not apply to those areas which have been designated as smoking areas with sufficient ventilation and available exhaust fans."

Nevertheless, we have taken appropriate action on the matter by continually and closely monitoring the facilities of the designated smoking areas in order to ensure that proper ventilation and exhaust systems are in place and in working condition. While Dr. Dorotheo did not cite the specific terminal concerned, we have called the attention of all concessionaires operating smoking areas or lounges in all NAIA terminals.

ln closing, we wish to assure the Commission, Dr. Dorotheo and the rest of the traveling public that the Authority shall continue to strictly observe the provisions of all pertinent anti-smoking laws and issuances.

Yours,
MGEN JOSE ANGEL A. HONRADO AFP (Ret)
General Manager


By law, NAIA should be 100% smoke-free indoors (part 1)

Last week, Sen. Pia Cayetano complained about the poor condition of NAIA, particularly focusing on the filthy air caused by allowing smoking indoors.

In April 2012, I wrote to the MIAA general manager on this very issue. I'll share the reply I got from MIAA, as well as the CSC legal opinion, in my next blog posts.

Part 2
Part 3

-------------------
Date: Mon, Apr 9, 2012 at 9:50 PM
Subject: smoking rooms at NAIA

MGen. Jose Angel A. Honrado, AFP (Ret)
General Manager
MIAA

Dear Sir,

I am writing to you about my recent experience flying through NAIA, wherein I and hundreds of other departing passengers were involuntarily subjected to the harmful fumes of tobacco smoke coming from the smoking room at the departure area. Unfortunately, this harm to health of all passengers, as well as airport and airline staff, is occurring on a daily basis.

The scientific evidence on this matter spans decades and is very clear in its conclusions: there is no safe level of exposure to tobacco smoke. This is widely recognized by the World Health Organization, the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), International Agency for Research on Cancer (IARC), as well as the 174 Parties (including the Philippines) to the Framework Convention on Tobacco Control (FCTC).  The only way to prevent health harms is through effective public protection policies that prevent human exposure to tobacco smoke, that is by prohibiting smoking in all indoor public places and workplaces.

Given that the airport, as well as the MIAA, are government premises and that MIAA staff are government employees, the MIAA is also duty-bound to implement the Civil Service  Commission (CSC) Memorandum Circular no. 17, s. 2009, which prohibits smoking in all government buildings and promotes a 100% smoke-free environment in government premises, in order to protect both the government workforce and the public that they serve.  I am sure the CSC can assist you in preparing the proper signages to implement this policy. 

I therefore appeal to you to remove the smoking lounges from the various NAIA terminal buildings and designate only OUTDOOR smoking areas, in locations where the smoke will not be able to affect the airport staff and the public that uses the airport facilities.  For your information, there are more than 250 airports in the United States that are 100% smoke-free, including some of the biggest and busiest ones. There are also many others in Canada, South America, Australia, and Europe. Even Beijing Capital International Airport closed its smoking lounges and became 100% smoke-free in 2011. Other Asian countries are also planning to follow suit because this is one way to encourage tourism, by providing clean and healthy airport environments.

Thank you for providing a healthy environment for all and for fulfilling your duty under CSC MC 17, s. 2009.
Sincerely,
Dr. Yul Dorotheo

Respect the sign