Because an injunction “prohibits conduct under threat of judicial punishment, basic fairness requires that those enjoined receive explicit notice of precisely what conduct is outlawed.” Under this standard, we have held injunctions to be too vague when they enjoin all violations of a statute in the abstract without any further specification, or when they include, as a necessary descriptor of the forbidden conduct, an undefined term that the circumstances of the case do not clarify.
Indeed, we must always apply the fair notice requirement “in the light of the circumstances surrounding entry: the relief sought by the moving party, the evidence produced at the hearing on the injunction, and the mischief that the injunction seeks to prevent.”
That fact brings major joy to local health advocates as they state that the higher the cost of cigarettes is the fewer minors would buy them and start smoking and the more actual smokers would decide to give up the habit.
Although the aim of Illinois lawmakers is rather laudable, some opponents like Rep. Frank Mautino stated that taxes should be raised only to collect additional revenue and by no means to force people to do or not to do something.
"May be we would also tax Cheeseburgers, soda or pizza, because we think they are not healthy for Illinois residents? That is simply ridiculous,” declared Mautino.
Another thing that brings fears to the lawmakers is the expected loss of revenue, since smokers would look for options when trying to get a puff. They could either go to neighboring states or order cigarettes online, or even use illegal black market that is blossoming nowadays.
Even if smokers remain in Illinois, they would buy fewer cigarettes, admits Joseph Elfish, manager of Illinois Association of Convenience Stores and Petroleum Marketers.
Although experts predict around 15 percent drop in tobacco products sales, Illinois Association of Convenience Stores’ analysts anticipate almost 25 percent decrease. That would force owners of small shops to get out of business.
It would leave thousands people jobless and without source of livelihood. People would be especially thankful to the government for their relentless efforts to improve people’s health, when they are fired.
Just two weeks after the largest ever cigarette tax increase went into effect, Illinois authorities consider another increase, this time in the state tax that would jump by $1 over two years in case it is approved.
William Sheridan has been the executive manager of 7 gas stations with convenience stores for almost 10 years. He said he remembers the times when sales of cigarettes exceeded 100,000 packs per month in one of his convenience stores. It was two years ago until Cook County administration imposed $2 sales tax kicked in three years ago. After the sales tax went into effect the store sells an average of 20.000 packs of cigarettes each month.
That was before the latest increase in the federal cigarette tax came into force making each pack 62 cents more expensive. Sheridan complained the sales went 15 percent down during last month in comparison to the same period last year.
However, it seems that Illinois lawmakers are still not satisfied. They are debating over another $1 state tax increase, despite the price of a pack of cigarette nears $9 in several Illinois cities.
BRUSSELS, - Minimum duty on cigarettes should increase to reflect inflation, putting all European Union states on an equal footing and weaning more people off tobacco, the bloc's executive said on Wednesday.
"This proposal ... suggests a number of important amendments to existing community legislation in order to modernise and simplify existing rules, make them more transparent and better integrate public health concerns," the European Commission said.
Consumption of cigarettes in the 27-nation bloc fell 10 percent between 2002 and 2006 while excise duties rose by an average 33 percent.
"In order to trigger a similar decline in consumption over the coming five years, further increases in excise duties would be desirable," the Commission said.
A 25 percent hike in cigarette prices would be needed to achieve a 10 percent cut in demand, the Commission said.
The proposal is part of the executive's regular four-yearly update on the bloc's tobacco excise duties. Unanimity among the EU's member states is needed to adopt tax proposals.
The EU executive proposes giving member states greater flexibility in levying excise duties as part of efforts to cut cigarette consumption.
It also wants higher duties on roll-your-own tobacco to bring them in line with tax on cigarettes.
"In line with the structure of minimum rates on cigarettes, it is proposed to introduce a compulsory monetary and ad-valorem minimum requirement for fine-cut tobacco," the proposal said.
This would mean an increase in the minimum rates for fine cut to 60 euros per kilo.
Excise duties on cigars and cigarillos is also needed to take into account inflation for the 2003 to 2007 period, the Commission said.
An alternative method of puffing away at the pub has drifted into the national consciousness and is causing quite a stir in the industry.
So-called electronic or alternative cigarettes give users the sensation of smoking, even producing a vapour that can be inhaled and exhaled while delivering the nicotine hit, but are legal as no harmful smoke is emitted.
One brand on the market is called the SuperSmoker.
Its Ultimo model, which retails at around £78, allows smokers to dodge the smoking ban, which has now been in place for a year.
Inventors say the system helps people lead a healthier lifestyle and is much cheaper, claiming it can knock 65 per cent off of normal smoking costs.
It is legal to use inside pubs and clubs as it causes no harm to those sharing their air.
Cartridges are placed into a pre-charged atomizer and users suck on it like a normal cigarette.
The firm say it looks, tastes and smokes like a conventional cigarette but has no detrimental health effects on others and say it doesn’t cause cancer.
We asked 58-year-old smoker Graham Bates from Herne Bay to trial the SuperSmoker Ultimo on a trip to his local.
He said: “I felt a little strange using it. It does have a certain sensation of smoking but you have to suck pretty hard to get much out and it leaves a sugary taste on the lips.
“I used it in the pub and the barman did initially ask me to stop but I showed him the product and he was fine with it. He said he had seen them before and had no issues with people using them.”
Mark Bradley, assistant manager of the Prince of Wales pub in Railway Street, Chatham, said: “I’ve actually got one of the electronic cigarettes.
“I went to the London Bar Show last week and they were giving them out. I think they’re brilliant and bought some for my staff.”
Sam Griggs, trainee assistant manager of the Druid’s Arms in Earl Street, Maidstone, said: “I think they’re a good idea.
“I’ve not seen anyone using them in the pub. We’ve only got a little garden and it normally gets packed with smokers so products like this may become quite popular.
“It might cause a bit of conflict, though, as other customers may think they’re real cigarettes.”
Graham Moore, landlord of the Dukes Head in Sellindge, said: “I wouldn’t have any objections to them being used here. If they are legal to use indoors and don’t disturb anyone else then that’s fine.”
Ian Gray, from the Chartered Institute of Environmental Health, has looked into the sensation.
He said: “We have been the advisors to all the regulatory authorities on this matter and are hearing about it more and more.
“Our main concern was that officers wouldn’t be able to tell the difference but it’s clear if you are close to them they’re not normal cigarettes.”
He added: “They are perfectly legal to use because, in our view, this isn’t smoking. If people are using them it’s very unlikely that a local authority would want to make a prosecution as the legislation is to protect people from second-hand smoke but if there is none of that then there’s not really a basis for a prosecution.”
Mr Gray says the craze is catching on: “They seem to be using them a lot in the North. I suppose if you don’t want to go outside, it’s a real alternative.
“They seem to be particularly popular in bingo halls where older people who may not want to get up and go outside and all that goes with that such as collecting your coat.”
LONDON — Authorities in a Scottish city are offering smokers food vouchers if they quit.
Health officials in Dundee say ex-smokers will be given $25 a week on an electronic card. The credits can be redeemed in stores for fresh food and groceries, but not alcohol or cigarettes.
Participants in the pilot program will get help giving up cigarettes and will have to undergo weekly carbon monoxide breath tests to prove they have not started again.
Authorities said Saturday that the project will start in the fall. They hope it can help 900 people quit smoking over the next two years.
Dundee is Scotland's fourth-largest city and has one of Britain's highest smoking rates.
Anti-smoking groups are praising Wegmans Food Markets and DeCicco Markets for discontinuing the sale of tobacco products at their stores.
The American Lung Association of New York State presented Wegmans with the Lung Champion Award to recognize the Rochester, N.Y.-based grocer’s January 2008 decision to stop the sale of such items at all 70 of its locations, which are in
“The American Lung Association of New York State commends Wegmans for its leadership in removing cigarettes from store shelves and putting the public health of its employees and customers above profits,” said Deborah Carioto, president of the organization. “Smoking is the leading cause of preventable death in this country, and with the single act of halting tobacco sales in its stores, Wegmans has set what I hope will be a trend among major retailers in this country.”
Besides banning the sale of tobacco products, Wegmans now offers a quit-smoking program for its employees. It said 550 are currently enrolled.
“Wegmans believes that the many young people who work in our stores will be affected by the message the company they work for is willing to give up profits out of concern for their health,” said Wegmans vice president Mary Ellen Burris.
Pelham, N.Y.-based DeCicco Markets, with locations in both Westchester and
DeCicco was honored at the sixth annual “No Thanks, Big Tobacco” appreciation event sponsored by the Elmsford, N.Y.-based Tobacco Control Partners of the
Imperial Tobacco Group Plc reported a 45 percent drop in first-half profit on costs for buying Altadis SA and said it will sell stock worth 4.9 billion pounds ($10 billion) to current investors to help fund the takeover.
Net income dropped to 233 million pounds in the six months through March from 421 million pounds a year earlier, the Bristol, England-based company said today in a statement. That missed the 370 million-pound median estimate of five analysts surveyed by Bloomberg.
Imperial agreed to buy Madrid-based Altadis in July of last year, months after unveiling the acquisition of U.S. cigarettes maker Commonwealth Brands. Most of the Spanish company's sales come from its domestic market and France, adding to its allure for Imperial, which is expanding in new locations because its main U.K. and German markets are shrinking.
``The focus will be to see how Altadis is performing,'' Rogerio Fujimori, an analyst at Credit Suisse in London, said yesterday. The takeover gave Imperial, Europe's second-largest cigarettes maker, cigarette brands including Gauloises and the world's largest manufacturer of cigars.
Investors will have the right to buy one new share for every two held as of May 15, said Imperial, the maker of Lambert & Butler and Davidoff cigarettes. It will sell 338.7 million new shares for 1,475 pence each, 44 percent less than yesterday's closing price in London trading.
Imperial rose 16 pence, or 0.6 percent, to 2,618 pence in London yesterday. The stock has slipped 3.5 percent in 2008, while larger competitor British American Tobacco Plc, the maker of Pall Mall cigarettes, is little changed.
The cigarette maker had said costs related to the Altadis purchase would lop 110 million pounds from first-half profit. The drop in earnings is ``all because of this exceptional charge,'' Fujimori said.
Imperial had said it would sell as much as 5 billion pounds of stock by July to help finance the takeover and retain its investment-grade credit rating. The company has raised its stake in Logista, the Spanish cigarette distributor controlled by Altadis, to about 97 percent following an offer to minority investors this month.
Austrian customs officials have started imposing tough fines on persons bringing Czech cigarettes to Austria and in addition they confiscate all the non-permitted cigarettes they find, the daily Lidove noviny wrote Tuesday.
Czechs taking out more than one carton of Czech cigaretteswhile travelling for holiday to Croatia via Austria could be severely punished because the Austrian customs officials have started imposing tough fines on all drivers who violate "the tobacco law" while crossing the Austrian border, the paper says.
Under the law, passed shortly before the Czech Republic joined the Schengen area without border checks last December, one person can only take out 200 pieces of cigarettes with the Czech-language health warning message while travelling from the Czech Republic to Austria.
Drivers have to pay a 50 euro fine for each additional carton of cigarettes if caught and besides, Austrian police confiscate the cigarettes from them, the paper says.
"The time when we just reprimand the people violating the law or simply return cars back to the Czech Republic is over. At present we confiscate everything that crosses the permitted limit," Franz Dorninger, head of the Linz customs administration, told Lidove noviny.
While as recently as in January and February Austrian customs officials were still lenient towards Czechs violating the tobacco law, in March they imposed 47 fines for carrying non-permitted amounts of cigarettes from the Czech Republic to Austria and 48 fines were imposed in April, Dorninger says.
"On average, the drivers who are usually caught having two additional cartons of cigarettes above the one permitted carton on them had to pay a 100 euro fine," he says.
However, statistics does not allow to find out whether the drivers punished were Czechs or Austrians, HN writes.
The Czech Industry and Trade Ministry resents the Austrian police raids on people taking Czech tobacco products out to Austria. On the basis of the EU agreements from January 1, 2008, Austria must allow the import of up to 800 pieces of Czech-made cigarettes per one person, Lidove noviny writes.
However, since Austrian cigarette sellers have threatened to stage a general trike if their government failed to protect them against the cheap Czech competition Vienna has adopted special measures.
Although it has officially confirmed that people are allowed to take to Austria up to four cartons of Czech cigarettes per one person this is only possible if the health warning message is written in German.
The import of cigarettes with the Czech health warning message remains limited to one carton.
"In our opinion, such measure runs counter to the rules of free trade within the EU," Czech Industry and Trade Ministry spokesman Tomas Bartovsky told Lidove noviny.
Industry and Trade Minister Martin Riman has thus called on Austrian Health Minister Andrea Kdolsky in written to abolish the controversial measure.
Riman was not satisfied with Kdolsky's answer in which she pointed to the protection of the health of the Austrian population.
He has thus called on the Association of Czech tobacco products traders to complain about the measure at the European Commission, Lidove noviny writes.
Despite the gradual increase in prices of tobacco products in the Czech Republic they are still cheaper there than in Germany or Austria. Foreigners thus buy roughly one-fourth of the 73 billion pieces of cigarettes annually sold in the Czech Republic, the daily Pravo wrote on Monday.
According to Pravo, foreigners took some 5.6 billion cigarettes out of the Czech Republic last year.
On the other hand, some 1.8 billion cigarettes were taken to the Czech Republic from Poland, Ukraine and Slovakia where tobacco products are substantially cheaper for Czechs, Pravo said.
