Testimony by otolaryngologists in defense of tobacco companies 2009–2014

Source: www.onlinelibrary.wiley.comAuthor: Robert K. Jackler, MD  Abstract Objectives/Hypothesis To examine expert testimony offered by otolaryngologists in defense of the tobacco industry and to assess whether opinions rendered were congruent with evidence in the scientific literature. Methods Data sources include publically available expert witness depositions and trial testimony of board-certified otolaryngologists employed by the tobacco industry in defense of lawsuits brought by smokers suffering from head and neck cancer. The cases, adjudicated in Florida between 2009 and 2014, focused on whether smoking caused the plaintiff's cancer. Results The study includes nine legal cases of upper aerodigestive tract cancer involving six otolaryngologists serving as expert witnesses for the tobacco industry. Cancer sites included larynx (5), esophagus (2), mouth (1), and lung (1). Five of the six otolaryngologists consistently, over multiple cases, offered opinions that smoking did not cause the plaintiff's cancer. By highlighting an exhaustive list of potential risk factors, such as human papillomavirus (HPV), alcohol, asbestos, diesel fumes, salted fish, mouthwash, and even urban living, they created doubt in the minds of the jurors as to the role of smoking in the plaintiff's cancer. Evidence shows that this testimony, which was remarkably similar across cases, was part of a defense strategy shaped by tobacco's law firms. Conclusions A small group of otolaryngologists regularly serve as experts on behalf of the tobacco industry. Examination of their opinions in relation to the scientific literature reveals a systematic bias in interpreting the data relating to the role played by smoking in head and neck [...]

U.S. Chamber of Commerce Works Globally to Fight Antismoking Measures

Source: www.nytimes.comAuthor: Danny Hakim  A demonstration against World No Tobacco Day in Jakarta, Indonesia, in 2013. The U.S. Chamber of Commerce and its foreign affiliates have joined efforts to fight antismoking laws around the world. Credit Romeo Gacad/Agence France-Presse — Getty Images KIEV, Ukraine — A parliamentary hearing was convened here in March to consider an odd remnant of Ukraine’s corrupt, pre-revolutionary government. Three years ago, Ukraine filed an international legal challenge against Australia, over Australia’s right to enact antismoking laws on its own soil. To a number of lawmakers, the case seemed absurd, and they wanted to investigate why it was even being pursued. When it came time to defend the tobacco industry, a man named Taras Kachka spoke up. He argued that several “fantastic tobacco companies” had bought up Soviet-era factories and modernized them, and now they were exporting tobacco to many other countries. It was in Ukraine’s national interest, he said, to support investors in the country, even though they do not sell tobacco to Australia. Mr. Kachka was not a tobacco lobbyist or farmer or factory owner. He was the head of a Ukrainian affiliate of the U.S. Chamber of Commerce, America’s largest trade group. From Ukraine to Uruguay, Moldova to the Philippines, the U.S. Chamber of Commerce and its foreign affiliates have become the hammer for the tobacco industry, engaging in a worldwide effort to fight antismoking laws of all kinds, according to interviews with government ministers, lobbyists, lawmakers and public health groups in Asia, [...]

$27 Million Verdict Against R.J. Reynolds for Cancer Victim

Source: JDsupra.com A Florida man was awarded $27 million in compensatory and punitive damages against tobacco company R.J. Reynolds last month after doctors told him that 44 years of smoking caused his lung cancer. Plaintiff had lung removed due to cigarette addiction Thousands of lawsuits pending against big tobacco companies First payouts by big tobacco expected to be made today Addictive Habits Emmon Smith, a minister in Mariana, Florida, started smoking when he was a 13-year-old boy in 1944. Despite numerous attempts to quit, he couldn’t kick the addictive habit until he was forced to in 1992 by a cancer diagnosis and subsequent removal of one of his lungs. Smith sued tobacco company R.J. Reynolds in 2008, and in March of this year a jury awarded him $10 million in compensatory damages and $20 million in punitive damages; however, they found the plaintiff 30 percent at fault so he will receive only $7 million of the compensatory award, for a total of $27 million. Smith’s suit was led by attorney Richard Diaz  as well as a team of attorneys from Crabtree & Associates and Ratzan Law Group. The Smith case was just one of more than 8,000 lawsuits against tobacco companies stemming from a 1990s class action known as the Engle case. In 2000, a Florida jury awarded class members a stunning $145 billion in punitive damages, finding that cigarettes are dangerous, addictive, carcinogenic, and most importantly, that tobacco companies knew all this and lied about it. “They found that [...]

2012-05-01T10:35:58-07:00May, 2012|Oral Cancer News|

Judge Rules Graphic Cigarette Warning Labels Unconstitutional

 Source: Time Magazine- Healtland The government’s effort to put graphic warning labels about the dangers of smoking on cigarette packs hit another legal snag on Wednesday. A Washington judge declared unconstitutional a Food and Drug Administration (FDA) mandate that would force cigarette makers to use the labels, which include images of a corpse of a smoker, smoking-damaged teeth and gums and diseased lungs, saying that it violated cigarette makers’ freedom of speech under the First Amendment. U.S. District Judge Richard Leon wrote in his ruling that the images “were neither designed to protect the consumer from confusion or deception, nor to increase consumer awareness of smoking risks; rather, they were crafted to evoke a strong emotional response calculated to provoke the viewer to quit or never start smoking.” SPECIAL: FDA Unveils Final Cigarette Warning Labels That’s been the argument of cigarette makers, who say that the images go beyond merely informing the public to forcing the manufacturers to advertise the government’s anti-smoking agenda, with the purpose of convincing smokers to give up the habit. Leon’s ruling fell in line with his previous decision in the case in November, when he issued a temporary injunction blocking the new labeling effort. That decision has already been appealed by the government. The Family Smoking Prevention and Tobacco Control Act of 2009 gave the FDA regulatory authority over tobacco products for the first time. Under that law, the FDA required cigarette makers to cover the top half of the front and back of cigarette [...]

2012-03-01T14:10:43-07:00March, 2012|Oral Cancer News|

New labels may not go far enough

Source: www.denverpost.com Author: Rhonda Hackett How far would you go to stop a killer? Smoking continues to kill more Americans every year than alcohol, AIDS, car accidents, illegal drugs, murders and suicides combined. Tobacco use remains the leading preventable cause of death and the single greatest driver of health-care costs in Colorado. Despite concerted efforts over recent years to educate people about the dangers of tobacco use, 46.6 million American adults smoke, while kids alone are responsible for roughly $2 billion in annual cigarette sales revenues. More than 400,000 people die every year from tobacco use (4,300 in Colorado), while an additional 50,000 adults die as a result of second-hand smoke exposure. More than 8 million Americans currently suffer from tobacco- caused illnesses, resulting in an estimated $96 billion in public and private health care expenditures each year. In Colorado, the tab is about $1.3 billion per year. Simply put, tobacco is the single most lethal and costly legal commodity available in America today. The U.S. Food and Drug Administration has now followed the lead of other developed nations by requiring cigarette packages carry graphic warning labels. FDA Commissioner Margaret Hamburg said at a White House briefing, "We want kids to understand smoking is gross - not cool - and there's really nothing pretty about having mouth cancer." Critics of the warning labels cite the fact that smoking is a legal activity and as such products associated with it should not be subject to government mandate discouraging use. The Institute [...]

Tobacco is Estimated to Kill a Billion People in this Century

Source: San Francisco Chronicle For all the debate and pain and money expended on our ongoing "drug war' - which is too much a failing, endless one - the worst drug of all is too often unmentioned, but kills and maims more than the rest of them put together. And it's legal. Tobacco abuse is projected to cause a billion premature deaths in this century; To put it another way, until and unless we have a nuclear war, the tobacco industry will continue killing more people than any other man-made cause. This true in just about any region, but here in California, there are nearly four million smokers, and as the American Lung Association reminds us, "Tobacco-related illness remains the number one preventable cause of death in the state, responsible for more than 36,000 deaths each year - that's more people lost to tobacco than alcohol, HIV/AIDS, car crashes, illegal drugs, murders, and suicides combined." The national toll is about 438,000 deaths per year. One of them was my dad, but I hated tobacco long before it claimed him. In any event, the annual UCSF Center for Tobacco Control Research and Education symposium again keyed off on the "billion lives" estimate and showcased ongoing efforts to apply research to decreasing that daunting figure. This year, American Cancer Society CEO John Seffrin. PhD said that the 12 million cigarettes smoked each minute meant an ever-increasing morbidity and mortality, despite whatever progress, with a tripling of disease and death in the developing [...]

Californians continue to kick the cigarette habit

Source: www.latimes.com Author: Molly Hennessy-Fiske, Los Angeles Times The percentage of California adults who smoke has continued to drop more than the national average, according to new data released Monday by state health officials. Still, deep disparities exist depending on gender, education, income, ethnicity and region. Overall, Californians remain significantly less likely to smoke than people in the rest of the country, with 13.1% of adults surveyed statewide saying they smoked last year compared with 21% of adults nationwide. The rate was even lower in several Southern California counties, including Los Angeles (10.4%), Orange (10.9%), Ventura (11.8%), Riverside and San Bernardino (each12.7%), according to a 2008 telephone survey. "We have saved billions of dollars in healthcare costs that have been averted," Kimberly Belshé, the state's secretary of Health and Human Services, said Monday at a news conference near downtown Los Angeles to release the figures and display the state's latest anti- smoking advertisements. Still, she said, "these prevalence rates also tell us we have more work to be done." As of last year, California had seen a 38% decrease in smokers since 1990, when public health officials created the California Tobacco Control Program, funded by Proposition 99. The smoking rate is expected to decrease to 12.6% this year, close to the national goal of 12% by 2020. Only Utah reports a lower rate of smokers. The downward trend in California is moving faster than the nation's, which has seen a smaller decrease in the smoking rate, down to 21% from [...]

2010-12-27T21:15:06-07:00December, 2010|Oral Cancer News|

On the Call: Altria Group CEO Michael Szymanczyk

Source: Business Week Richmond, VA Like other tobacco companies, Altria Group Inc. is focusing on cigarette alternatives such as cigars, snuff and chewing tobacco for sales growth as tax increases, smoking bans, health concerns and social stigma make the cigarette business tougher. The smokeless tobacco category is growing at about 7 percent a year, but still remains small compared with cigarettes. The parent company of the nation's biggest cigarette maker, Philip Morris USA, said Wednesday that volumes for its smokeless tobacco segment, which includes Copenhagen and Skoal, as well as Marlboro Snus, grew 16.4 percent in the third quarter and revenues excluding excise taxes increased about 11 percent to $363 million. In a conference call with analysts regarding Altria's third-quarter earnings, CEO Michael E. Szymanczyk talked about the company working with retailers to better align their shelf space with changes in the tobacco industry. QUESTION: Is the investment to help retailers reallocate their space and improve their display units for smokeless products meaningful to call out? RESPONSE: This is a category that has grown pretty substantially here over the last few years, but in retail stores, there hasn't been any significant movement in the space. At the same time, the cigarette category has declined in volume. And while inventories have come down in the cigarette business, the actual physical space devoted to cigarettes hasn't meaningfully changed. There's a good opportunity to play catch-up here. ... We're helping retailers redistribute their space so it's more consistent with their sales, and that [...]

Both sides take tobacco fight to Supreme Court

Source: www.thesunnews.com Author: Mark Sherman The Obama administration asked the Supreme Court Friday to allow the government to seek nearly $300 billion from the tobacco industry for a half-century of deception that "has cost the lives and damaged the health of untold millions of Americans." Both sides in a landmark, decade-long legal fight over smoking took their case to the high court Friday. The administration, joined by public health groups, wants the court to throw out rulings that bar the government from collecting $280 billion of past tobacco profits or $14 billion for a national campaign to curb smoking. Friday's filings with the Supreme Court mark the latest phase in a lawsuit that began during Bill Clinton's presidency. Philip Morris USA, the nation's largest tobacco maker, its parent company Altria Group Inc., R.J. Reynolds Tobacco Co., British American Tobacco Investments Ltd. and Lorillard Tobacco Co. filed separate but related appeals that take issue with a federal judge's 1,600-page opinion and an appeals court ruling that found the industry engaged in racketeering and fraud over several decades. In 2006, U.S. District Judge Gladys Kessler ruled that the companies engaged in a scheme to defraud the public by falsely denying the adverse health effects of smoking, concealing evidence that nicotine is addictive and lying about their manipulation of nicotine in cigarettes to create addiction. A federal appeals court in Washington upheld the findings. At the same time, however, the courts have said the government is not entitled to collect $280 billion in [...]

2010-02-20T22:40:43-07:00February, 2010|Oral Cancer News|

Deadly in pink: new report warns big tobacco has stepped up targeting of women and girls

Source: www.rwjf.org Author: staff The tobacco industry has unleashed its most aggressive marketing campaigns aimed at women and girls in over a decade, according to a report issued today by a coalition of public health organizations. The report warns that these new marketing campaigns are putting the health of women and girls at risk and urges Congress to regulate tobacco marketing by passing legislation granting the U.S. Food and Drug Administration (FDA) authority over tobacco products. The report, “Deadly in Pink: Big Tobacco Steps Up Its Targeting of Women and Girls,” was issued by the American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Robert Wood Johnson Foundation and Campaign for Tobacco-Free Kids. The report and images of the tobacco marketing campaigns can be found at www.tobaccofreekids.org/deadlyinpink In the last two years, the nation’s two largest tobacco companies—Philip Morris USA and R.J. Reynolds—have launched new marketing campaigns that depict cigarette smoking as feminine and fashionable, rather than the harmful and deadly addiction it really is: In October 2008, Philip Morris USA announced a makeover of its Virginia Slims brand into “purse packs”—small, rectangular cigarette packs that contain “superslim” cigarettes. Available in mauve and teal and half the size of regular cigarette packs, the sleek “purse packs” resemble packages of cosmetics and fit easily in small purses. They come in “Superslims Lights” and “Superslims Ultra Lights” versions, continuing the tobacco industry’s history of associating smoking with weight control and of appealing to women’s health concerns with misleading claims [...]

2009-02-21T10:42:24-07:00February, 2009|Oral Cancer News|
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