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Second native tobacco company searched 

ALBUQUERQUE (KRQE) - - Investigators are looking into another New Mexico cigarette distributor with Native American connections.

State agents searched the Hemi Group's warehouse in northeast Albuquerque on Aug. 20.

The Hemi Group is owned by members of the Jemez pueblo and sells tobacco online.

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State underspends on tabacco (sic) prevention  

Ten years after the November 1998 state tobacco settlement, the state ranks 11th in the nation in funding programs to protect young people from tobacco, according to a national report released by a coalition of public health organizations.

New Mexico currently spends $10.5 million a year on tobacco prevention programs, which is 44.9 percent of the $23.4 million recommended by the U.S. Centers for Disease Control and Prevention.

Other key findings for New Mexico include:

• The tobacco companies spend $48 million a year on marketing in New Mexico. This is almost five times what the state spends on tobacco prevention.

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Surprising Results on Smoking Research Hispanic Versus White Female Smokers  

The nation's first scientific study on the relationship between smoking and respiratory disease among Hispanic versus non-Hispanic white (NHW) women revealed that NHW women smokers were at greater risk of developing airflow obstruction and diminished lung function than Hispanic women who smoke - a surprising finding given that many diseases more adversely affect ethnic minorities. Smoking-related respiratory diseases are a major cause of death among all women.

The objective was to evaluate the risk of airflow obstruction and to assess lung function among Hispanic and NHW female smokers in a New Mexican group of participants.

Lead investigators at Lovelace Respiratory Research Institute (LRRI) - in collaboration with the University of New Mexico School of Medicine, Harvard Medical School and the University of Southern California, Los Angeles - conducted the study, which was financed by the Tobacco Settlement Commission of New Mexico.

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• New Mexico appeals court revives smoking lawsuit 

The New Mexico Court of Appeals has revived a class-action lawsuit against several cigarette-makers over allegations of a price-fixing conspiracy.

The ruling Tuesday overturned a 2006 decision by a Santa Fe County District Court against New Mexico consumers who brought the damage lawsuit against tobacco companies, including Philip Morris Inc. and R.J. Reynolds Tobacco Co.

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• ROMERO v. PHILIP MORRIS INC., et. al. (PDF) 

To summarize, Plaintiffs have come forward with evidence that during the class period the tobacco industry exhibited an unprecedented degree of parallelism, beginning with the July 1993 consolidation of what had previously been ten price tiers into two price tiers, and continuing through twelve in-tandem increases in the prices of both premium and discount cigarettes. This multi-variable, multi-price-tier parallelism goes well beyond the price leadership within a single-tier market demonstrated by the cigarette industry prior to the introduction of generic cigarettes.

Further, the parallelism in the present case involves parallelism among market tiers which formerly had been in vigorous competition, resulting in a significant differential between the list prices of the cheapest cigarettes and the most expensive cigarettes. . . .

We hold merely that Plaintiffs’ evidence allows a reasonable factfinder to reject conscious parallelism as a plausible explanation, thereby leaving the competing inference of conspiracy as the most likely explanation for the parallelism proven by Plaintiffs.

Lorillard & Liggett

{46} In its answer brief, Lorillard points out that Plaintiffs’ expert, Dr. Leffler, testified during his deposition that he was unaware of any conduct by Lorillard during the class period that was not “completely consistent with conscious parallelism.” . . . In view of Dr. Leffler’s concessions, we conclude that Plaintiffs have not satisfied their burden under Matsushita of coming forward with evidence that would allow a reasonable juror to exclude lawful conscious parallelism as the most likely explanation for Lorillard’s and Liggett’s adoption of parallel price increases. Accordingly, we affirm the grant of summary judgment as to these two Defendants. We reverse the summary judgment in favor of Defendants Philip Morris, Brown & Williamson, and R.J. Reynolds.

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• NM court revives case against cigarette makers 

The state Court of Appeals has revived a class-action lawsuit against several cigarette makers for allegedly engaging in a price-fixing conspiracy.

Today's ruling overturned a 2006 decision by a Santa Fe County district court against New Mexico consumers who brought the damage lawsuit against tobacco companies, including Philip Morris Inc. and R.J. Reynolds Tobacco Co.

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Smoker fights ban to higher court 

Stephen Brown was so opposed to New Mexico's ban on smoking in public places that he got himself cited for lighting up in a Catron County bar just minutes after the new law took effect.

He has been battling it ever since.

He lost the most recent round in the state Court of Appeals last week and plans to ask the state Supreme Court to review the decision.

Brown, of Reserve, recalls that he and his wife were the only customers at Uncle Bill's Bar when he lit up a cigarette just after midnight on June 15, 2007.

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• New Mexico man loses round in smoking ban fight  

Stephen Brown was so opposed to New Mexico's ban on smoking in public places that he got himself cited for lighting up in a Catron County bar just minutes after the new law took effect.

He has been battling it ever since - so far to no avail. He lost the most recent round in the state Court of Appeals last week.

"I guess next is the (state) Supreme Court," Brown said.

Brown, a disabled veteran who worked as a cook before he retired, lives in Reserve in southwestern New Mexico. He recalls that he and his wife were the only customers at Uncle Bill's Bar when he lit up a cigarette just after midnight on June 15, 2007.

"I had to have my wife call the sheriff so he'd send a deputy down and issue me a ticket," Brown said. . . .

His legal argument is that the exemptions in the law - including for casinos, cigar bars, private clubs and designated hotel and motel rooms - violate a section of the state constitution that prohibits giving some persons or businesses rights or privileges not accorded to others.

"Our challenge is to the exemption scheme," said Brown's lawyer, Amavalise Jaramillo of Belen.

The argument hasn't swayed judges in district court - where Brown appealed from magistrate court - or in the Court of Appeals, which said on Sept. 16 that the exemptions are reasonable.

Jaramillo plans to ask the state Supreme Court to review the appeals court's decision. The high court could take the case or not.

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• Court rules against New Mexico in tobacco settlement payment dispute 

New Mexico is subject to nationwide arbitration in a dispute over whether tobacco companies can reduce their payments to states under a 1998 settlement with the industry, the state Court of Appeals ruled Wednesday.

The decision was a setback for New Mexico which had wanted a state judge to decide the matter or have it arbitrated in the state.

The Court of Appeals concluded that the tobacco settlement required the payment dispute to be handled by a single, nationwide arbitration panel, which is to be made up of three former federal judges.

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• Shirley vetoes tobacco ban 

Navajo Nation President Joe Shirley Jr. Thursday vetoed the Commercial Tobacco Free Act that would have banned cigarette smoking and tobacco chewing in all public places on the Navajo Nation, including casinos.

In his veto message to Navajo Nation Council Speaker Lawrence T. Morgan, Shirley said that although it is indisputable and already widely known that commercial and smokeless tobacco use is harmful to individual users and those affected by secondhand smoke, he was concerned that the ban would infringe upon bona fide religious ceremonies.

The president said the ban also would affect the Nation’s ability to generate revenues through its gaming initiative, did not address concerns of due process and equal protection, and failed to adequately focus on underage smoking.

The law, he said, “is unreasonably broad, unenforceable, provides no administrative appeal process, puts the Nation at a competitive disadvantage, and fails to address the real problem on the Navajo Nation of underage smoking.”

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• Navajo president vetoes strict curbs on tobacco use 

The leader of the Navajo Nation on Thursday vetoed a measure that would have banned smoking and chewing tobacco in public places, resulting in strong criticism from lawmakers and health advocates.

Tribal President Joe Shirley Jr. said he rejected the measure because he feared it would infringe on religious ceremonies and inhibit gambling revenue. He also said the measure didn't focus enough on underage smoking.

Shirley said in his veto message that the law "is unreasonably broad, unenforceable, provides no administrative appeal process, puts the nation at a competitive disadvantage and fails to address the real problem on the Navajo Nation of underage smoking."

Tribal lawmakers approved the ban during their session last month in the Navajo capital of Window Rock, Ariz.

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Navajo Nation Tribal Council Bans Commerical Tobacco Use in All Public Places 

The American Legacy Foundation commends the Navajo Nation Tribal Council on their efforts to ban commercial tobacco use in all public places. The Navajo Commercial Tobacco-Free Act of 2008 will help to extend and save the lives of thousands of tribal members. This unprecedented measure will serve as the catalyst for the improvement of major health disparities in tribal communities.

While tobacco has played an honored ceremonial role in the lives of Native Americans for centuries, current rates of commercial tobacco use among Native Americans are alarmingly high. Thirty-two percent of all adult Native Americans smoke in comparison with a 20.8 percent adult smoking rate nationwide. In 2005, thirty-six percent of teens in the Navajo Nation were current smokers. These rates far exceed other minority/ethnic groups and measures like this one are vital to curbing tobacco consumption and saving lives. Cardiovascular disease is the primary cause of death in the U.S. among Native Americans.

The significant efforts to create smoke-free reservations, casinos, indoor and outdoor areas are timely; they will also reduce the harmful effects of secondhand smoke and simultaneously encourage Native American smokers to quit.

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• Navajo president vetoes ban on public tobacco 

The president of the Navajo Nation has vetoed a ban on smoking and chewing tobacco in public places.

Tribal President Joe Shirley Jr. says he rejected the measure Thursday because he feared it would infringe on religious ceremonies and inhibit gambling revenue.

He also says the measure didn't focus enough on underage smoking.

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• Tobacco use: Health vs livelihood? 

Is protecting the health of the Navajo people endangering their livelihood? Robert Winter, CEO of the Navajo Nation Gaming Enterprise, says legislation imposing a ban on commercial tobacco use has that potential.

But Herman Shorty of Navajo Office of Environmental Health, a proponent of the tobacco ban, said Wednesday that Navajo laws and regulations are such "that even reasonable persons have to be protected from themselves because of vices, or safety issues that they may not be aware of the need for."

Representatives from both sides of the issue have presented Navajo Nation President Joe Shirley Jr. with documentation supporting their stances. The Navajo Nation Council approved the tobacco ban July 25, and Shirley's decision on whether to sign or veto the legislation is expected today . . .

During Council debate of the legislation, Bates proposed an amendment to exclude gaming facilities from the tobacco bill, however, the amendment failed and the bill passed 42-27.

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Navajo Nation's Smoke-Free Legislation Is Historic Win for Health 

The Navajo Nation Council has delivered a historic victory for health by approving legislation that prohibits the non-ceremonial use of tobacco products in all areas of the reservation except personal residential property. The Navajo Nation is a federally-recognized tribe encompassing portions of northeastern Arizona, northwestern New Mexico, and southeastern Utah. We urge Navajo Nation President Joe Shirley, Jr., to sign into law this important legislation, which the Tribal Council approved at the conclusion of its weeklong summer session in Window Rock, Ariz.

The Council's 42-27 vote provides critical leadership in addressing the serious health hazards of tobacco use and exposure to second-hand smoke, which have a disproportionate impact among American Indians. American Indians have the highest prevalence of tobacco use in the United States, putting them at great risk of suffering from tobacco-related death and disease. According to the CDC's 2006 survey of adult smoking, 32.4 percent of American Indians/Alaska Natives were current smokers, compared to 20.8 percent for the nation as a whole. It also serves as an example for other tribes by encouraging them to take similar action to protect their members from tobacco use and secondhand smoke.

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