[Audrey Silk]

February 15, 2009

The following was distributed to members of NYC Citizens Lobbying Against Smoker Harassment (C.L.A.S.H.). If you'd like to become a member you can sign up using the "Become a Member" link supplied on our home page.

Contained in this issue:

1. Federal Tax Increase on Tobacco (SCHIP)
2. "Third Hand Smoke"
3. Native Americans File Suit Against NYS re Tax Collection
4. Lawsuit Challenging Ban on Cigarette Sales by Pharmacies in CA - Update
5. New York Governor's "Soda Tax" Idea


1. Federal Tax Increase on Tobacco (SCHIP)

On January 9th C.L.A.S.H. alerted you to an upcoming vote in Congress to reauthorize the State Children's Health Insurance Program (SCHIP) that would raise the federal tax on all forms of tobacco to fund it. C.L.A.S.H., joined by other smokers' rights groups, issued a press release opposing this further victimization of smokers. It can be found at
SCHIP: Congress Gets in Line to Treat Smokers as Non-Persons

Despite efforts by a number of organizations to thwart it, both houses approved it and President Obama signed Bill H.R. 2 into law on February 4th. The following increases -- all higher than originally proposed! -- are effective April 1, 2009:

Cigars from 20.719% to 52.75% per 1000 over 3 lbs with a 40.26 cents per cigar cap (+155%)
Little cigars from 4.0 cents to $1.00 per pack (+2,400%);
Cigarettes from 39 cents to $1.01 per pack (+159%)
(increase of 1 cent from original bill);
Cigarette papers from 1.22 cents to 3.15 cents per 50 (+158%)
(increase of 2 cents from original bill);
Cigarette tubes from 2.44 cents to 6.30 cents per 50 (+158%)
(increase of 4 cents from original bill);
Snuff from 58.5 cents to $1.51 per pound (+158%)
(increase of 1 cent from original bill);
Chewing tobacco from 19.5 cents to 50.33 cents per pound (+158%)
(increase of 0.33 cents from original bill);
Pipe tobacco from $1.0969 to $2.8126 per pound (+156%)
(increase of 0.0185 cents from original bill); and
Roll-your-own tobacco from $1.0969 to $24.78 per pound (+2159%)
(previous C.L.A.S.H. report of $8.889 was in error based on 2008 Bill. Original Bill for 2009 was $24.62 for a final Bill increase of 16 cents for a total increase of 23.68 DOLLARS).


The RYO tax increase is certainly the most outrageous of them all. This is a direct result of the anti-smoker groups whispering in the ears of Congress. They sought to leave smokers nowhere to turn. To quote the despicable Campaign for Tobacco Free Kids:

"[E]very time a cost-conscious smoker switches from regular cigarettes to cheaper, lower-taxed RYO cigarettes, the federal government loses money. But the federal tax rate on RYO tobacco should equal the rate for regular, manufactured cigarettes not only to raise federal revenues but as a simple matter of tax equity. In addition, a higher RYO tax rate will help prompt more smokers to quit and prevent more kids from becoming addicted adults."(Read more: http://www.tobaccofreekids.org/research/factsheets/pdf/0339.pdf )

C.L.A.S.H. strongly recommends that anyone who uses loose RYO tobacco to stock up prior to April 1st! Then find some land if you don't have any and begin to GYO (grow your own). We'll alert you the minute we hear news about black helicopters being dispatched to survey private gardens.


SCHIP ROLL CALL (see how your/all Reps voted and feel free to send personal cheers or jeers as appropriate):

Senate Vote: GOPUSA - Support Page

House Vote: GOPUSA - Support Page


The Smokers Club, Inc. is sponsoring a post-vote "Tea Bag" protest that has earned C.L.A.S.H.'s endorsement. Please visit The Smokers Club, Inc. - 21st CENTURY TEA PARTY

There's not much more we can do folks except to remind your local representatives that you will not forget how they voted on what amounts to one more theft perpetrated upon the "despised" smoker. And if anyone dares wave their hand at you while you're smoking it's time to respond: “Why aren’t you smoking? Don’t you care about the children?”


2. "Thirdhand Smoke"

Considering the coverage it's hard to imagine but perhaps you haven't yet heard. Though a subject teased by Anti-Smoker in the past, this accusation made a big splash right at the start of the new year with reports printed and aired by numerous news outlets of a "study" published by a Dr. Jonathan Winickoff in the journal Pediatrics. No less than the NY Times picked it up and ran with it. Except it WASN'T a study on so-called "thirdhand smoke." It was a survey that asked respondents how they felt about this (unproved) "threat." That's it! A survey to gauge attitudes -- of the ignorant and/or biased and/or brainwashed -- in order to create the perception that this is an issue. Leave it to the media to carry that water for them -- chirping the "newly coined" phrase to describe the "newly confirmed" "hazard" of "thirdhand smoke."

It would almost be unbelievable if we didn't expect this incremental step that has been the history of Anti-Smokerism. They've tackled "secondhand smoke" that has led to the eradication of smoking anywhere outside your home. So what's next? Your home! Starting with the emotion-laden "for the children" tactic. It's not good enough anymore to "just smoke in another room" or "just smoke outside" so you don't "harm" the little kiddies. Now there is to be no smoking at all because your home ("toddlers lick the floor") and you will always be "contaminated." As per the author, this is their definition of "thirdhand smoke":

"Third-hand smoke is tobacco smoke contamination that remains after the cigarette has been extinguished. [T]hird-hand smoke—the cocktail of toxins that linger in carpets, sofas, clothes and other materials hours or even days after a cigarette is put out[...] Smokers themselves are also contaminated…smokers actually emit toxins [from clothing and hair]."

Actually, this goes far beyond chasing us down at our homes. The implications are clear. Anti-Smoker is setting up the next scene: Stay away from smokers or they'll contaminate and kill you. No employment, no housing, children removed. Ghettos can't be far behind. I'd like to say this is surely an exaggeration but when they actually have reached as far as banning smoking in homes (see Belmont, CA, for one) due to "secondhand smoke" fear tactics there is to be no underestimating how far Anti-Smoker will go. Remember, their goal is for a "smoke-free society." Claims that others need "protecting" from smokers are merely tools to arrive at their nervana. If it takes rounding up smokers and putting them in ghettos one day until they become extinct I wouldn't put it past them to eventually suggest, and then legislate, it.

The full "study" of this poll can be found at Beliefs About the Health Effects of "Thirdhand" Smoke and Home Smoking Bans -- Winickoff et al. 123 (1): e74 -- Pediatrics

I can go on about all the flaws and theories but it's been laid out well on Dr. Michael Siegel's "The Rest of the Story: Tobacco News Analysis and Commentary" blog. Reminder that Dr. Siegel is an anti-tobacco researcher and holds firm to the idea that smoking bans in "public places" are justified. But he admits a crossing of the line when he sees it. As important and illuminating are the comments on each blog entry:

"New Study Warns of Dangers of Thirdhand Smoke"
The Rest of the Story: Tobacco News Analysis and Commentary: New Study Warns of Dangers of "Thirdhand" Tobacco Smoke
"Thirdhand Smoke: The Science Doesn't Matter"
The Rest of the Story: Tobacco News Analysis and Commentary: Thirdhand Smoke: The Science Doesn't Matter; Look Out for Bans on Smokers in Childcare
"Original Study on Thridhand Smoke Does Not Support Conclusion that Health Threat is Significant"
The Rest of the Story: Tobacco News Analysis and Commentary: Original Study on Thirdhand Smoke Does Not Support Conclusion that Health Threat is Significant


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