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Thursday, February 27, 2014

The Property Rights Newsletter February 28, 2014 - Issue #748

"No matter where you go, there you are."
- B. Banzai
Property Rights for all include Smokers Rights! ALERT!!!
Extend Tobacco Settlement To Electronic Cigarettes?

By Daniel Fisher, Forbes Staff. E-cigarettes present a problem for states that have grown addicted to the additional cash thrown off by the MSA, on top of their already steep taxes on cigarettes. The payments under the MSA are for all intents and purposes an excise tax, except they were negotiated with the leading companies, supposedly as retribution for their fraudulent marketing practices and the costs smoking imposed on the states.The problem with that approach - and one good reason why taxation should be left to elected representatives - was that new cigarette companies could enter the business unburdened by the MSA payments and steal market share from the incumbents. To fix that, the AGs "negotiated" similar terms on behalf of all future entrants into the cigarette business. But either by design or incompetence, they left a major loophole: The agreement covers "any product that contains nicotine, is intended to be burned or heated," but also contains "tobacco, in any form, that is functional in the product." E-cigs heat nicotine, but don't contain tobacco. In fact one e-cig, Greensmart, has avoided the largely similar language in Minnesota's excise tax on e-cigs because it derives its nicotine from eggplants.
Property Rights for all include Smokers Rights! The Firing Of Dr. James Enstrom: The Dangers of Bucking Fashionable Science. Dr. James Enstrom was one of only a few scientists willing to blow the whistle on the fraudulent science perpetrated at the California Air Resources Board. It is often said the cover up is worse than the crime. Dr. Enstrom is living proof. Enstrom exposed the cover-up of "junk environmental science." He also outed a phony scientist at the California Air Resources Board, and the Legislature's subsequent adoption of regulations stemming from the fake science. Most recently, he vehemently objected to the CARB's aggressive state regulations, developed by complicit scientists at universities, funded by lucrative government research grants. Enstrom published peer-reviewed research in 2003 showing that second-hand cigarette smoke doesn't kill people. Then he published another politically incorrect, peer-reviewed study in 2005, which showed that fine particulate matter does not kill California residents - the basis of California's restrictions on diesel engines because of their contributions to particulate air pollution health effects.
Property Rights for all include Smokers Rights! Let's not fall for the spin. By Wes Fisher, MD. But when press releases and major announcements of a single company's business decision floods the airwaves, newsfeeds, and radio spots, my bullsh*t antenna goes up. After all, despite the public's widespread knowledge of the dangers of smoking, being ridiculously taxed, stored behind counters, and withheld from minors for years, tobacco smoking is seeing a huge resurgence in both the young and old in America. But politicians and public health experts, reeling from this reality, are desperately in need of some good news to spin. They need to show the world how their self-righteous drum beats of preventing disease by restricting the supply of cigarettes at one business will make a difference to people's consumption behavior. It seems these same people have forgotten prohibition.
Property Rights for all include Smokers Rights! Here's the new EU snuff rules. Lingonberry? Liquorice? Lemon? It's a secret. The taste is not to be disclosed on the box, also prohibited the entire contents. In Article 12 of the proposal, which is about product showcase, it says that neither the packaging or contents may contain any information which "refers to taste, smell, any flavors or additives."
House of Enablers. Does Anything Now Go For Tobacco Control in the UK? Arguably the more substantive amendment though is the enabling act which was attached to the Children and Families Bill in the UK's upper chamber, the House of Lords with the stated intention of facilitating the introduction of plain packaging in the UK. When it became clear that the members of the upper house were planning to force the issue of plain packaging (through amendments to the Children and Families Act) the British government reversed their previous rejection of the measure and announced a review of the academic evidence for plain packaging of cigarettes, led by public health figure Sir Cyril Chantler.
Property Rights for all include Smokers Rights! Recording Everything: Portland, Oregon - New scanners in downtown clubs raise privacy questions - and may be illegal. The state-funded program allowed Portland police to equip downtown bars and clubs in recent weeks with high-tech ID scanners that captured patrons' names, ages and photos for upload to a central database, which police could then access. There's no indication patrons knew they were being tracked.
World Smokers News - See today's breaking news about smoking.
Watch 4 new episodes of the webseries Smoking!
Watch 4 new episodes of the webseries Smoking!
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Thursday, February 13, 2014

The Property Rights Newsletter February 14, 2014 - Issue #747

"Never open the door to a lesser evil,
for other and greater ones invariably slink in after it."
- Baltasar Gracian, The Art of Worldly Wisdom
Property Rights for all include Smokers Rights! The Totalitarian Crusade Against Second-Hand Smoke. By Brendan O'Neill. There are few issues that are as riddled with outright claptrap as the scare about what smokers' puffing is doing to innocent non-smokers. If there really were such a thing as a bullshit detector, a machine that bleeped upon encountering nonsense, it would probably go into meltdown whenever someone talked about second-hand smoke. In the modern public sphere, there are few issues that are as riddled with myth, misinformation, contradictory claims and outright claptrap as the scare about what smokers' foggy puffing is doing to us innocent non-smokers.
Read More about second hand smoke and explode the myth.
Third-Hand Smoke Exposure As Deadly As Smoking. A new study from the University of California, Riverside finds that the third-hand smoke that has soaked into the surfaces, objects and environment around people becomes increasingly toxic over time. Third-hand smoke is defined as the second-hand smoke that is allowed to settle on objects in any environment. Non-smoking children, co-workers, spouses and friends of smokers breathe in such carcinogens left in rooms exposed to smokers.
Read More: about the insanity known as third hand smoke.
India Electronic Cigarettes: Health ministry says sale of e-cigarettes in Air India flights embarrassing, violates law. The ministry says the sale through Air India's discount booklets, violates the Cigarettes and other Tobacco Products Act, 2003 (COTPA) and puts the government in an embarrassing position as it is the implementing authority for COTPA.
Blowing smoke over e-cig ad: By Jeff Stier & Gregory Conley. One of Sunday's most controversial Super Bowl ads came with the message "Friends don't let friends smoke." Bizarrely, it's organized anti-smokers in the public-health establishment who want the commercial banned.
UK E-cigarettes: Approx. 40,625 smokers are switching to e-cigarettes each month. Already 1.3 million smokers have switched to e-cigarettes. MEPs need to stay focussed on the bigger picture.
UK Car Ban: Commons votes to ban smoking in cars carrying children. Simon Clark, director of the smokers' group Forest, said he was "disappointed but not surprised" by the decision and accused the Government of being "spineless". He added: "Legislation will have very little impact because so few adults still smoke in cars carrying children. Those that do will carry on because it will be very difficult to enforce.
World Smokers News - See today's breaking news about smoking.

United States, land of the free, Smoking News CA Petaluma: Bumped up to a B grade from last year's D for overall tobacco control, Petaluma was the lone North Bay community on the association's list of 40 cities and counties "on the rise" for passing new smoking regulations. (While Santee Mayor is Proud of "F for Smoking Freedom.")
FL College Campuses: As we move forward, we need to think about the viability of enforcement. We should not be enacting more rules, regulations, or laws that we cannot or are not willing to enforce. It is not fair to discriminate against people's choices, good, bad or otherwise.
NH Veterans Home: LeBrun's fellow Republican, Rep. Al Baldasaro of Londonderry, disagreed. "I served 22 years, three months and 18 days in the Marine Corps. You're going to tell me that because I'm a smoker, I'm a second-class citizen, that I don't rate to go into my state home," he said.
OK E-cigarettes: Public health and tobacco industry officials passionately discussed the potential benefits and risks of expanded e-cigarette use during a joint legislative hearing at the state Capitol. Nitzkin contended people can lower their risk of obtaining potentially fatal tobacco-attributable illnesses by more than 98 percent by switching from cigarettes to e-cigarettes.
USA: Where should cigarettes be sold? Leo Vercollone doesn't like smoking, but his customers do, so that's why he keeps selling cigarettes at his gas station convenience stores.
USA: CVS Update. CVS doesn't need tobacco for its revenues: it has Obamacare. Obamacare is one of CVS' best chances to grow its business and smokers are the opposite of that business opportunity.
USA: Justice Antonin Scalia says World War II-style internment camps could happen again. "In times of war, the laws fall silent."
Property Rights for all include Smokers Rights!
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Thursday, February 06, 2014

The Property Rights Newsletter February 7, 2014 - Issue #746

"Both free speech rights and property rights belong legally to individuals, but their real function is social, to benefit vast numbers of people who do not themselves exercise these rights."
- Thomas Sowell
Property Rights for all include Smokers Rights! CVS insults its own customers: By Jan Johnson and David W. Kuneman. It's more an opportunity to get free publicity than any serious public health move. CVS may claim its intention is to promote better health among its customers, but if that's the case, then why continue to sell alcoholic beverages, candy, soda and other forms of junk food that also are claimed to be unhealthy? And what about the energy drinks that have come under so much fire lately? This move by CVS is unlikely to make even one smoker in America quit. This is much more likely just an opportunity for CVS to get free publicity than any genuinely serious public health move. As the prohibition of alcohol showed, forcing a product underground doesn't mean people won't still use it.
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Listen to David Kuneman on NPR News - All Things Considered. Drug Store Plans To Rid Its Shelves Of Tobacco Products. "I've never heard of anybody saying, gee, I just couldn't find a place to buy a pack of cigarettes so I'm going to quit. Now, that has never happened."
Property Rights for all include Smokers Rights! USA Speech Ban: So while you might not care very much for Ms Sorley, who allegedly has problems with alcohol and her behaviour, or Mr Nimmo, who is described as an unemployed 'social recluse', you should be very worried about the implications of this case. Two people have been jailed for being insulting, for saying...
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USA Criminalize Causing Hurt Feelings: Law Professor Says Free Speech in the U.S. Goes Too Far, Wants to Criminalize Causing Hurt Feelings. The professor says that words can in fact wound deeply. He wants to alleviate the quiet suffering that people of faith, and others, must endure at the hands of columnists and cartoonists and bloggers and internet commenters. To criminalize words that hurt is to allow the people with the thinnest skins to set the boundaries of respectable speech. I won't go down that road willingly.
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Remember: Scotland Speech Ban. No more muffin tops or cankles: Minister calls for ban on "fat talk" used to shame women over their bodies.
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Loud Conversation Ban: Massachusetts town considers ordinance that would ban loud conversation, those opposed better voice their concerns quietly. To put the required decibel level into perspective, residents would face a fine of $100 to $300 if they exceed the level compared to a conversation in a restaurant or air conditioner at 100 feet. Property Rights for all include Smokers Rights!
Greece Slavery Proposal: Troika-slaves: Greeks below 24 years old to work without salary and migrate abroad. Unemployment in Greece is one of the most pressing issues that the Greek government has to deal with. Its high rate is affecting Greek commerce as the numbers of those who are self-employed is constantly declining.
Bhutan's U-turn on tobacco ban: Now the country's Upper House resolves that ban on import of tobacco must end. In a majority resolution on Monday (3 February 2014), the house said ban on import and sale of tobacco products must end to control the black market. Bhutan had gained fame for being the first country to completely ban on manufacturing, import and sale of any tobacco products. However, the government also received harsh criticism for sending a monk behind bar for years on charge of carrying tobacco products worth Nu 120.
UK Banning smoking in cars: By Christopher Snowdon. The elected government is against it, the deputy prime minister is against it,it's been rejected in the House of Commons and yet it is on the brink of becoming law thanks to the parliamentary opposition persuading unelected lords to tack it on to a different piece of legislation.
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UK Ban Damage: By David Atherton. Pub closures mean we're losing the last of England. Miliband, Umunna, Perkins and Labour's smoking ban may see us culturally dead yet.
World Smokers News - See today's breaking news about smoking.
Read - TobakkoNacht - The Antismoking Endgame - By Michael J. McFadden.
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