Does the recent Ohio case about tobacco settlement funds apply to Wisconsin?

Many people have asked whether or not the recently decided Ohio case about state tobacco settlement funds could potentially apply to other states, such as Wisconsin.

A little background on the case would be helpful. In 2000, the Ohio state legislature placed their $230 million Big Tobacco settlement into an endowment, specifying that the money could only be used for tobacco prevention and cessation programs. Thus, when the state tried to use the money for a stimulus plan in 2008, the plaintiffs for the case sued. The plaintiffs were receiving benefits from cessation programs and felt the money should go to prevention and control programs, rather than general state funds.

The decision, handed down earlier this week, found that the legislature acted illegally when using the tobacco settlement money to fund other state programs. However the state has appealed, so the battle is far from over.

However, according to the Tobacco Legal Consortium, the Ohio case is unlikely to have legal influence on other states unless the state has a specific endowment like Ohio's already set up.

When the state of Ohio passed the law in 200o creating the "irrovocable trust", the law required that the Department of Health create an endowment specifically for the Tobacco Prevention and Control Program, place the settlement money in the fund, and use the money for only the intended purpose. Because Ohio had the legal protections in place, the plaintiffs had a clearer case --- the state taking the funds was clearly illegal.

Advocates in other states could have a chance at winning a similar suit, but they would have to find a state lawmaking it illegal to use tobacco settlement money for purposes other than prevention and cessation.

We hope this clarifies some questions people had about the master settlement agreement. To read the Campaign for Tobacco free Kids' press release on the Ohio case, click here.

Verona and unincorporated Dane County smoke-free tomorrow!

Congratulations to Verona and unincorporated Dane county for going smoke-free tomorrow!

Almost one year ago, the Dane county board voted to go smoke-free in all public workplaces. Verona and Dane county will go smoke-free 11 months before the state of Wisconsin does on July 5, 2010.

Volunteers, activists, and smoke-free supporters will be celebrating at the Draft House, on 1010 Enterprise Drive, in Verona, from 5:30 p.m. to 7:30 p.m. Come join us!

E-cigs are NOT a safe alternative to cigarettes

In July, the FDA finally dispelled the rumors that e-cigarettes could be safer than regular cigarettes by releasing an analysis of the new product. The FDA's results: E-cigarettes are NOT a safe alternative to cigarettes.

The FDA study found that the products contain the poison Diethylene glycol, an ingredient in antifreeze, tobacco-specific nitrosamines, which are human carcinogens, and other harmful tobacco-specific ingredients. In addition, of the advertised non-nicotine e-cigs the FDA tested, all but one still contained low levels of the drug.

The organization Americans for Nonsmokers Rights (ANR) also published a statement expressing concern over e-cigarettes' ingredients and marketing practices.

ANR brought up their concerns with public health and cigarettes, because the e-cigarette vapors could contain dangerous chemicals. They urged public health officials to not expose workers to the vapors of e-cigarettes before they have been thoroughly tested.

Their statement said:
"We believe that public health officials should make it clear that e-cigarettes are not an acceptable substitute for tobacco products in places that the law requires to be smokefree."

ANR also voiced concerns with the marketing of e-cigarettes to children, with candy flavors such as chocolate and strawberry, clearly aimed at hooking kids and other first-time users.

For more information visit ANR's site or the FDA's results page.

Great guest editorial in the Berlin Journal

Marilyn Voeltner from Green Lake County wrote a July 30, 2009 guest column for the Berlin Journal about the Tobacco-Free Families bill and Tobacco Prevention and Control funding. The column is reprinted below. Great job Marilyn!

One step forward, two steps back
By Marilyn Voeltner, guest columnist

One step forward and two steps back. Even with the best of intentions that sometimes happens.

Consider the recent 75 cent tax increase per pack on cigarettes recently enacted by the state legislature. In theory the increase sounds good -- increasing the tax has proven to be one way to deter young smokers and low-income smokers. That's an excellent step forward.

But what the legislature failed to do was to follow past practices and reduce the discount rate cigarette distributors receive on the amount they pay for attaching the state tax stamp to cigarette packs. What this means is that tobacco companies and distributors benefit -- the additional money goes into their pockets, not into tobacco prevention programs.

In the past when tobacco taxes were increased, the discount rate was adjusted to prevent a taxpayer-funded raise to tobacco sellers. Without an adjustment, we taxpayers are effectively putting more money into the pockets of Big Tobacco.

On top of this, the state legislature recently slashed the tobacco prevention and control program nearly 55 percent to just $6.85 million. Contrast that with the $276.1 million the tobacco industry spends per year marketing its products in Wisconsin! Every dollar cut from tobacco funding means more kids using tobacco products, smokers going without the resources they need to quit and an even greater burden of tobacco on Wisconsin.

Obviously that's two steps back!

Fortunately, the Tobacco-Free Families Bill currently being introduced to the legislature is an effort to restore some of the lost funding. If passed, the bill would lower the discount on tobacco tax stamps for tobacco retailers, generating some much-needed $1.2 million for the tobacco prevention and control program.

Wisconsin's tobacco program has seen good results-- fewer kids and adults are smoking, over 132,000 people have called the Wisconsin Tobacco Quit Line, and as of July 5, 2010, all Wisconsin work sites will be smoke-free. Those are giant steps forward ... now is NOT the time to take two steps back.

It is crucial the legislature passes the Tobacco-Free Families Bill.

Great column in Madison Magazine about program funding

A recent editorial in Madison Magazine rightly chides Wisconsin lawmakers for cutting funding to the Wisconsin Tobacco Prevention and Control Program while raising the cigarette tax.

Here is an excerpt:
We have a statewide smoking ban and our cigarette tax is now $2.52 per pack. But we need the third leg of that stool. It only makes sense—it’s just too bad our lawmakers don’t seem to have any when it comes to this life and death issue.

Read the full piece here.