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Societal innovation is frequently triggered by need. Year after year, novel technologies are created by entrepreneurs who seek to find a more effective, efficient, or less dangerous way of accomplishing a specific goal. Oftentimes, these new technologies enter the marketplace bringing with them a host of uncertainties concerning both their performance and effect on consumer activity. Despite these inevitable uncertainties, new technologies play a vital role in advancing society when appropriately controlled. Indeed, while the appropriate levels of control may vary across industries and technologies, one principal remains constant amongst them all: the obligation to balance risk with reward. The need for such a delicate balancing act is no more evident than in the case of e-cigarettes and vaporizer products. Over the last two decades, innovators and entrepreneurs alike have sought to develop healthier solutions aimed at reducing the overwhelming number of fatalities and lifethreatening illnesses associated with one of America's most prevalent killers, the consumption of traditional tobacco cigarettes. While the undeniable benefits of these innovations have been formally acknowledged by both the FDA and Congress, the current federal regulatory framework that controls their availability to consumers operates as a hindrance to innovation and industry growth rather than an effective means of protecting the public's health. This Note sets out to analyze the turbulent rise and fall of government and consumer sentiment surrounding these products and evaluates the effectiveness of the current FDA regulatory framework, which functions to constrain the diffusion of what may be one of the next substantial public health benefits. Specifically, this Note explores the potential for a more effective and elastic regulatory framework which incorporates the dual use of federal and state regulatory measures to strike an optimal middle ground position between minimizing uncertain public health risks while simultaneously not discouraging innovation and industry growth. In the final analysis, officials tasked with developing sufficient regulatory measures should seek to take calculated risks in the interests of promoting innovation. After all, it should come as no surprise that the most promising technological tobacco alternative emerged from an unregulated environment. [ABSTRACT FROM AUTHOR]

Introduction: The objective of the study was to determine the brand distribution of premium, discount, and native cigarette brands and to identify the factors associated with smoking these brands among a nationally representative sample of Canadian youth smokers. Methods: Data from 3,137 current smokers in Grades 9–12 participating in the 2008–2009 Youth Smoking Survey (YSS) were used to examine the prevalence and factors associated with different cigarette brand preferences. Results: The most prevalent brand of cigarette smoked was premium cigarettes (44.7%), followed by discount cigarettes (33.7%), and to be native cigarettes (7.3%). There was significant variability in brand preference by province with the majority of youth in Atlantic Canada and Quebec smoking a discount brand of cigarettes and higher prevalence rates of native cigarette use in Ontario and Quebec. Respondents were more likely to smoke discount cigarettes if they were female, daily smokers, or if they only had $1–20 a week in spending money. Respondents were more likely to smoke native cigarettes if they were Aboriginal, heavier smokers, or if they reported having no weekly spending money. Conclusions: A significant proportion of students from Grade 9 to 12 in Canada smoke cigarettes that are more affordable than premium brands and it appears that the market share for these more affordable cigarette options has increased in recent years. Given that the price of cigarettes is an important determinant in youth smoking behavior, it is critical to develop and continue to enforce tobacco control strategies designed to eliminate access to cheaper sources of cigarettes among youth populations. [ABSTRACT FROM AUTHOR]

The tobacco industry has used corporate social responsibility tactics to improve its corporate image with the public, press, and regulators who increasingly have grown to view it as a merchant of death. There is, however, an intractable problem that corporate social responsibility efforts can mask but not resolve: the tobacco industry's products are lethal when used as directed, and no amount of corporate social responsibility activity can reconcile that fundamental contradiction with ethical corporate citizenship. This study's focus is to better understand the tobacco industry's corporate social responsibility efforts and to assess whether there has been any substantive change in the way it does business with regard to the issue of exposure to secondhand smoke. The results show that the industry has made no substantial changes and in fact has continued with business as usual. Although many of the tobacco companies' tactics traditionally had been defensive, they strove for a way to change to a more offensive strategy. Almost without exception, however, their desire to appear to be good corporate citizens clashed with their aversion to further regulation and jeopardizing their legal position, perhaps an irreconcilable conflict. Despite the switch to offense, in 2006 a federal judge found the companies guilty of racketeering. [ABSTRACT FROM AUTHOR]

Smoking behavior has been shown to be influenced by individuals' perceptions of social norms about smoking. This study examines whether local regulations regarding clean indoor air and youth access to tobacco are associated with residents' subsequent perceptions of smoking norms. Data came from Massachusetts surveys of adults and youths and from records of local tobacco control policies. Indices of perceived smoking norms were based on perceived smoking prevalence and perceived community acceptance of smoking. Multilevel models tested the association between perceived norms and the presence of strong local regulations in four policy domains (restaurant smoking bans, smoking restrictions in other venues, enforcement of laws prohibiting sales to youths and youth-oriented marketing restrictions). The model controlled for town voting results on a tobacco tax referendum, which served as a measure of antismoking sentiment pre-dating the regulations. Results showed that youths perceived community norms to be significantly more 'antismoking' if they lived in a town that had strong regulations in at least three of the four domains. For adults, having strong regulations in as few as one to two domains was associated with perceiving community norms to be significantly more antismoking. Implementing and publicizing local regulations may help shape perceptions of community smoking norms. [ABSTRACT FROM AUTHOR]

Chapter 6 of the book "The Law and Economics of Public Health" is presented. It discusses tobacco litigation which was considered controversial since it would seem that smokers would have known about the health harms of tobacco consumption. It is emphasized that the litigation has improved public health mainly by its effect on the cigarette prices and the political fallout has facilitated the passage of legislation raising cigarette excise taxes.

Public health efforts to prevent tobacco use among young people have typically attempted to change individual behaviour. More recently, it has become evident that macro-level behaviour change strategies which impact on the wider social environment are more effective in changing behaviour. In most states, retailer compliance laws restrict the sale and distribution of tobacco products to minor consumers. Indiana's Tobacco Retailer Inspection Program (TRIP), a state government programme, was established to put environmental controls in place by restricting youth access to tobacco products. TRIP involved conducting random, unannounced tobacco retailer outlet inspections, with violators being fined, and compliant retailers rewarded. This study examines the associations among retailer inspections, retailer compliance and access to tobacco by youthful consumers. Inspection data from 2001 to 2003 were analysed using chi-square statistics and analysis of variance. Findings indicate that randomly selected retail outlet inspections are associated with increased sales restrictions to youth. The researchers conclude that strong tobacco sales regulations and enforcement will reduce illegal sales of tobacco products to minors. [ABSTRACT FROM AUTHOR]

The article explores the problem of individual rights in tobacco control. There are strategic reasons for heightening the visibility of individual rights in tobacco control, which can give way to specific tactical advantages. One is to oppose the public perception that fails to see tobacco control advocates as favoring individual rights. A second reason is that tobacco control advocates would take advantage of the tobacco industry's opinion research and public relations expertise by promoting rights. A third reason is that formulating policy based on individual rights appeals to the highest ethical standards. A tactical advantage of stressing individual rights in tobacco control policy is that it contains by its nature an action message.

A highly sensitive, selective and rapid method for the determination of mercury based on the reaction of mercury(II) with p-sulfobenzylidenerhodanine (SBDR) and the solid phase extraction of the colored chelate with a C18 cartridge has been developed. In the presence of pH 3.8 acetate buffer solution and Tween-80 medium, SBDR reacts with mercury to form a red chelate of a molar ratio of 1:2 (mercury to SBDR). This chelate was enriched by solid phase extraction with a C18 cartridge and eluted from the cartridge with ethanol (containing 5% acetic acid). The enrichment factor of 50 was achieved. In the ethanol medium, the molar absorptivity of the chelate is 1.28×105 L·mol-1·cm-1 at 545 nm. Beer’s law is obeyed in the range of 0.01 ∼ 1.2 µg mL-1 in the measured solution. The relative standard deviation for eleven replicate samples of 0.01 µg mL-1 level is 1.52%. This method can be applied to the determination of mercury in tobacco and tobacco additives with good results. [ABSTRACT FROM AUTHOR]

The article discusses the challenges associated with the establishment of liability in national legal systems for tobacco-related health injuries. The international liability regimes for the Framework Convention on Tobacco Control (FCTC) is discussed where tobacco users can demand compensation from transnational companies for health injuries. It focuses on the existing treaties on international liability regimes, and discusses the possibilities for an international tobacco liability regime.

The article focuses on the short-term (90-day) and the long-term costs and benefits of smoking cessation through six techniques, including self-help technique, behavioral modification, nicotine gum, nicotine patch, zyban and smokeless tobacco. The short-term net costs range from almost $1,500 to a positive net benefit of almost $400, while on the long-term run, net benefits are positive for all cessation ages ranging from 40 to 60 when savings on cigarettes and life and medical insurance are considered. It was concluded that personal economics is a strong motivation to stop smoking.

Discusses how lawyers for the tobacco industry in general and Brown and Williamson Tobacco Corp. (B&W) in particular have responded to the threat of products liability litigation arising from smoking-induced diseases. Discovery process and protections from it; Lawyer concerns about statements by BAT Industries and B&W scientists; Lawyer involvement in scientific research.

Focuses on the number of civil lawsuits filed against the tobacco industry due to tobacco-related illnesses among individuals. Details on childhood smoking; Importance of antitrust law in preventing tobacco promotion to children; Information on the Eighth Amendment of the Bill of Rights.

Traditional moral theories help corporate decision-makers understand what position consumers, like Rose Cipollone, in Cipollone vs Liggett Group, will take against cigarette manufacturers who fail to warn of the dangers of smoking, conceal data about addiction and other dangers, from the public, as well as continue to neutralize the warnings on cigarettes by deceptive advertisements. [ABSTRACT FROM AUTHOR]

Tobacco products liability litigation is one of the most potentially effective means of controlling the sale and use of tobacco. Recent factual developments-concerning (1) the addictiveness of nicotine, (2) tobacco industry knowledge of this addictiveness, and (3) the industry `s efforts to conceal its knowledge from the public while making its products more addictive-make it unlikely that the tactics used successfully by the tobacco industry in the first (1954 to 1973) and second (1983 to 1992) waves of tobacco litigation will succeed in the third wave of tobacco litigation. Victory in any of these cases would result in a transfer of costs from injured states or individuals to the tobacco industry. Such a transfer of costs would likely have the immediate impact of raising cigarette prices and thereby lowering cigarette consumption. The long-term effects of a victory would probably be much more devastating to the industry. [ABSTRACT FROM AUTHOR]

Reports on the fire hazards of cigarettes in the United States. Incidence of cigarette-related fires; History of cigarette safety legislation; Potential product liability of cigarette manufactures from cigarette fires.

Objectives: These studies investigated (1) the effect of community bans of self-service tobacco displays on store environment and (2) the effect of consumer tobacco accessibility on merchants. Methods: We counted cigarette displays (self-service, clerk-assisted, clear acrylic case) in 586 California stores. Merchant interviews (N = 198) identified consumer tobacco accessibility, tobacco company incentives, and shoplifting. Results: Stores in communities with self-service tobacco display bans had fewer self-service displays and more acrylic displays but an equal total number of displays. The merchants who limited consumer tobacco accessibility received fewer incentives and reported lower shoplifting losses. In contrast, consumer access to tobacco was unrelated to the amount of monetary incentives. Conclusions: Community bans decreased self-service tobacco displays; however, exposure to tobacco advertising in acrylic displays remained high. Reducing consumer tobacco accessibility may reduce shoplifting. [ABSTRACT FROM AUTHOR]

Editorial. Suggests that 1998 may be the most important moment in the history of the tobacco war in the United States. Federal laws which may be enacted to seriously weaken the grip of the tobacco industry on the public and on the nation's health; Outcome which largely depends on the strength of the voice and message from the medical and public health professions; Major issues that physicians should advocate.

Two public opinion polls, in Los Angeles and Michigan, on smoking in public places contradicted findings from other major surveys. Both were commissioned by the tobacco interests during consideration of non-smoking legislation to measure opinion and influence the outcome. Analysis reveals the two polls to be remarkably similar and in violation of basic principles of survey research. Response categories lacked objective or parallel phrasing. response lists were not rotated, and the ordering of items appeared prejudicial. Both polls were effectively countered and the legislation passed. (Am J Public Health 1987; 77:612-614.) [ABSTRACT FROM AUTHOR]