Suing And Taxing Of The Tobacco Companies

Jay Williams POS 201 Saphir 10/27/09

Against the Tobacco Companies

I’m sure I can make a general statement saying that we all know that smoking cigarettes is bad. In fact, that’s a very common known fact amongst a vast majority of people. But what makes smoking tobacco ‘bad’? Is it the addiction? Is it the economic issues, or the short and long term health effects? Is it the harmful ingredients? Or is it the negative connotations that people associate with smoking along with their own personal biases? The answer would be all of the above. To understand how culturally intertwined tobacco was and still is today, here’s a brief timeline that I found from TobaccoFacts.org: We first start in 1492, when Christopher Columbus returns to Europe with tobacco from the Americas. Twenty years later is 1612, the plant is cultivated as a commercial crop for the first time in Virginia. Because of demand, it creates a demand for slave labor. In 1634, Maryland is founded; along with Virginia, they use tobacco as legal tender. Just less than thirty years later, slavery rises in the tobacco -growing colonies. (Tobacco Facts)

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Meanwhile, a Dr. John Hill from England publishes his link of tobacco and cancer in a 1761 clinical report called "Cautions against the Immoderate Use of Snuff". This report was the first of its kind. 169 years later researchers in Cologne, Germany drew the first statistical connection between smoking and cancer. Just 8 years after that, Dr. Raymond Pearl of Johns Hopkins University reports that smokers die earlier than non-smokers. (Tobacco Facts) Today, tobacco is a cultural norm, and over the last hundred years media advertizing has popularized it. Now, we live in a time were tobacco anti-tobacco movements are on the rise. Scientific studies are showing the harmful effects of tobacco for smokers and people affect by second-hand smoke. In order to regain from the repercussions of tobaccos negative impacts, the Big Tobacco Companies have been regulated and can be taxed. So when it comes to the taxing of tobacco, why is it done? Taxes increase the price of tobacco in an attempt to deter people from buying the products and suffering from its negative effects. Did you know, according to the American Cancer Society, there are 430,000 tobacco related deaths a year? And world wide it’s about 4.8 million deaths a year; that’s about 1 person ever 6 seconds that dies a tobacco related death. (The Truth) With those numbers you’d think

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that the industry would be greatly affected and go out of business; but no, they are still highly profitable. What about the negligence of smokers when they smoke around other people? Second-hand smoke kills about 3,000 people a year. (The Truth) And the cause of death is lung cancer. So what is being done to lower those numbers? Aside from the taxes there have been regulations on where smokers can smoke. We are all entitled to clean air and a long life and those rights should not be infringed on by smokers and the tobacco companies. So, why is smoking bad for your health? You’d be surprised to find out what is in the average cigarette. There are nearly 4000 chemicals in a cigarette. At least 43 of the ingredients are carcinogenic, or simply put they’re cancer causing. (Web Health Centre) The following are a few well known toxic chemicals found in cigarettes: Acetic Acid which is corrosive to the respiratory tract, Acetone which is used in nail polish removers, Ammonia which is used in floor and toilet cleaners, Arsenic, and the infamous Nicotine, which is classified as a Schedule 6 Poison. The classification is made by the National Drugs and Poisons Scheduling Committee. There are 8 categories of classification or schedules, Schedule 6 being of moderate to high toxicity and may cause death or severe injury if ingested, inhaled, or put in contact with the skin or eyes. (Wikipedia)

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If bad health consequences don’t stop smokers, the economic consequence may. In fact, smokers end up paying more for insurance, they lose money on the resale value of their cars and homes, they spend extra on needs like dry cleaning and teeth cleaning, and receive less in pension and Social Security benefits. Smokers can also be affected in the workforce. 5% of employers prefer to hire nonsmokers and 1% do not hire smokers. The same poll from a survey by the Society for Human Resource Management found the same 5% of employers charge smokers more for health-care premiums. And because smoking cuts down on productivity it is estimated that $97.6 billion is lost a year, based on figures from the Campaign for TobaccoFree Kids. Also there is an additional $96.7 billion that is spent on public and private health care due to smoking. (Smith) More specifically on taxing, it can be used to create revenue for states, health care, and anti-smoking campaigns. For example: An article on taxing tobacco in the LA Times states that smokers are “more than a source of revenue; they're a source of heavy costs to the state's public health infrastructure”. Also that, in the state of California, “a tax of $2.10 per pack of cigarettes (in addition to the current 87 cents) would generate almost $2 billion and obviate the need for the state to raid local government treasuries or eliminate cost-saving programs that provide health insurance to children” In Arizona, we have a cigarette tax of $2.00 in State Tax, $1.01 in Federal Tax, which 4

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is a combined tax of $3.01. Arizona is ranked 4th is high cigarette tax. (Koch) On June 22nd, 2009, President Obama signed a bill that passed The Family Smoking Prevention and Tobacco Control Act. Now the FDA has more power to regulate the Big Tobacco companies. This bill will now allow the FDA to set product standards and ban some chemicals in the products. Also, “The F.D.A. would have the power not only to consider changing existing products, but also to ban new products unless the agency found they contributed to overall public health”. Also, The F.D.A. is imposing a ban within 15 months on tobacco advertising within 1,000 feet of schools and playgrounds, as well as sponsor entertainment and sporting events”. (Wilson) The FDA will also be able to ban all candy and fruit flavored cigarettes, since it is proven that they appeal to children. Dr. John R. Seffrin, Chief Executive Officer of the American Cancer Society called this new law, “lifesaving” and that this “new law has the potential to break the deadly cycle of addiction and put an end to Big Tobacco’s targeting our nation’s children”. Now on to the topic of: cigarettes and children. Why is that such a hot issue? Perhaps it’s because of the tobacco company’s sketchy marketing such as the infamous Joe Camel and other kid-friendly

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marketing styles. In fact the courts found the tobacco industry guilty of many things. In the 2006 case of the United States vs. Philip Morris (and other major tobacco companies), that I found online at HealthLine.com, Judge Gladys Kessler found them guilty on numerous counts of fraud and racketeering. More specifically they were found to have deceived the American people. Here are several points of their deceit that were listed in the article: 1. The Hazards of Smoking: the industry had known for 50 years that cigarette smoking caused diseases, but repeatedly denied the adverse health effects. 2. Addiction: Judge Kessler concluded that “for approximately 40 years, Defendants publicly, vehemently, and repeatedly denied the addictiveness of smoking and nicotine’s central role in smoking.” 3. Nicotine Levels: Judge Kessler stated that the companies made it a goal to “control the levels of nicotine… to ensure that smokers obtain sufficient nicotine to create and sustain addiction.” 4. Light Cigarettes: The consumers we deceived into believing that low tar and light cigarettes are healthier and an acceptable alternative to quitting. 5. Marketing to Youth: It was also concluded that tobacco companies created stylish marketing campaigns to get the youth to start and continue smoking. 6. Secondhand Smoke: The tobacco industry also knew that secondhand smoke is hazardous to non-smokers and was aware that this information could harm their profits. 7. Suppression of Information: Lastly, it was concluded that over 50 years the tobacco industry tried to protect itself from litigation by concealing research, destroying 6

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documents, and trying to shield documents from the public by pretending that they were “privileged” and protected by law. (Foulds)

Back to the issue of youth smoking, based on some facts found on TheTruth.com, 1 out of 3 smokers begin smoking before the age of 14. And every day, about 3,900 kids of the age of 12 to 17 smoke for their first time. On top of that, about 1,500 youth become daily smokers. About 1/3 of them will eventually die from a tobacco- related disease. (The Truth) Overall, I believe that these bans, regulations, taxes, etc. are put in place to help those who can not help themselves. Since smokers don’t have the personal responsibility of taking care of themselves, higher taxes are meant to deter them from smoking - and we all know that smoking leads to deadly diseases. Also, everybody’s health is important. We all deserve the right to not have to breathe in secondhand smoke and die from lung cancer. But with these taxes and regulations, not only can we become a more smoke-free nation, but perhaps a cleaner and healthier America as well.

Works Cited

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American Cancer Society :: Information and Resources for Cancer: Breast, Colon, Prostate, Lung and Other Forms. Web. 20 Oct. 2009. . "Cancer Corner: Health Corner - Webhealthcentre.com." Web Heath Centre. Web. 25 Oct. 2009. . Foulds, Jonathan. "Tobacco Industry Found Guilty of Racketeering." Healthline. Web. 19 Oct. 2009. . Koch, Wendy. "Biggest U.S. Tax Hike on Tobacco Takes Effect." USATODAY.com. Web. 18 Oct. 2009. . Smith, Hilary. "The high cost of smoking." MSN Money. Web. 20 Oct. 2009. . "Thetruth.com: Facts." The Truth. Web. 16 Oct. 2009. . "Tobacco Facts - Tobacco Timeline." Tobacoo Truth. Web. 19 Oct. 2009. . Wikipedia. "Standard for the Uniform Scheduling of Drugs and Poisons -." Wikipedia. Web. 25 Oct. 2009. . Wilson, Duff. "Congress Passes Measure on Tobacco Regulation." The New York Times. Web. 20 Oct. 2009. .

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