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BackToTopJanuary 2010

Correction Note(s):

  • The article link "FDA Unable to Regulate E-Cigarettes" should read as follows: "Court Invalidates FDA Effort to Regulate E-Cigarettes as Drugs or Medical Devices."
  • The link to the Little Cigars & Cigarillos fact sheet has been fixed.
In This Issue:

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freenrtFree NRT for Smokers Looking to "Become an EX ®"


The vow to quit smoking is one of the most common -- and most difficult -- New Year's resolutions people can make. Oftentimes, smokers who try to quit without the support of nicotine replacement therapies (NRTs) are unsuccessful. In fact, about 97 percent of all "cold turkey" quit attempts fail within six months.


In order to help smokers looking to quit, Legacy and GlaxoSmithKline have partnered to offer free Nicorette® starter packs to more than 125,000 members of the EX®community found at www.BecomeAnEX.org. The site helps smokers "re-learn life without cigarettes" by providing a free, comprehensive three-step quit plan and access to a robust online community of quitters. Nicotine replacement therapy can help relieve nicotine cravings that happen as a result of quitting smoking, and can double a smoker's chances of quitting.


"New Year's is one of the most popular times for smokers to consider quitting smoking; however, many smokers need support to do so successfully. Smokers who make the important decision to quit should utilize available resources to help them understand what to expect when quitting," said Dr. Cheryl Healton, president and CEO of Legacy. "EX is a program that provides smokers with the tools to help them 're-learn life without cigarettes.' Having access to a cessation medication is an important part of a comprehensive quit attempt. Medication can help address cravings and ease withdrawal symptoms while quitting."


Click here to learn more about the EX partnership.


Smokers interested in quitting can access free quit plans, tools and resources at www.BecomeAnEX.org.

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OhioOhio Tobacco Dispute Moves to State Supreme Court

Legacy is continuing its efforts to preserve tobacco funds in the Buckeye State, by taking its battle to Ohio's Supreme Court.

On New Year's Eve, the Ohio Court of Appeals of Franklin County, Tenth Appellate District reversed a lower court's order , which had permanently enjoined the State of Ohio from dissolving the endowment of the Ohio Tobacco Prevention Foundation (OTPF). This decision was the latest in an ongoing legal dispute that begin in April 2008, when the Governor of Ohio announced plans to fund an economic stimulus package in part by diverting the OTPF's endowment. That action sparked Legacy and two individual plaintiffs - both former Ohio smokers who had benefited from OTPF programs - to take action.

According to a foundation statement, "The Tenth Appellate Court's decision demonstrates a major step backward for efforts lead by Legacy to preserve the state's tobacco prevention money for its intended purpose: to save Ohioans' lives." On January 6, Legacy's Board of Directors announced it would appeal the decision by taking the dispute to the Supreme Court of Ohio.

Smoking costs Ohio more than $4 billion in annual health care costs and another $4.7 billion annually in smoking-related productivity loss (in 2004 dollars). According to a 2007 Legacy report, Ohio's Medicaid system could save $550 million within five years if all Medicaid beneficiaries who smoke, quit. Out of the 50 states, Ohio would reap the third-largest gain in savings. These findings could make the case that despite Ohio's economic downturn, keeping these funds focused on tobacco control is a wiser long-term investment, ultimately saving Ohioans' lives and money. Legacy President & CEO Dr. Cheryl Healton weighed in on the matter in an op-ed to the Columbus Dispatch, published January 10.

Click here to read the editorial.

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ecigsCourt Invalidates FDA Effort to Regulate E-Cigarettes as Drugs or Medical Devices

On January 14, Federal District Court


Judge Richard J. Leon, ruled that the Food and Drug Administration (FDA) does not have the authority to regulate electronic cigarettes as drugs or medical devices as the FDA had argued. In his ruling, Leon concluded that the FDA exceeded its authority when it blocked importation of the devices from China. Judge Leon referred to the controversial product as "the functional equivalent of traditional cigarettes." According to Leon, the FDA may seek to regulate these products, if at all, only as tobacco products subject to the recently enacted Family Smoking Prevention and Control Act. Legacy understands that the FDA is reviewing Leon's decision and deciding whether to appeal. We will keep you apprised of any updates.


Electronic cigarettes ("e-cigarettes") are devices, about the size of a regular cigarette. They operate by electronically vaporizing a solution that often contains nicotine, creating a mist, which is then inhaled. There is no publicly available independent research on the safety of e-cigarettes. An FDA analysis of a small sample of e-cigarette products showed detectable levels of known carcinogens and toxic chemicals. E-cigarettes are available in various flavors and claimed strengths of nicotine cartridges. E-cigarettes have not been available in the U.S. for more than a few years, but for $100 to $150 or so, a user can buy a starter kit including a battery-powered cigarette and replaceable cartridges.


Read Legacy's policy statement on electronic cigarettes.


Click here to view Legacy's fact sheet on electronic cigarettes.

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fdalawKentucky Court Upholds Key Provisions of the New FDA Law

In the first major legal challenge to the new FDA law, a Kentucky Federal District Court judge upheld key provisions of the Act, rejecting the majority of claims brought by a group of tobacco manufacturers. The court, however, did invalidate two provisions in the law. The case was brought by Commonwealth Brands, Lorillard Tobacco Company, RJ Reynolds Tobacco and several other small tobacco companies. In the January 5, 2010 decision, the court upheld the ban on brand-name event sponsorship and merchandise, the requirements that updated and graphic warnings occupy 50% of the front and rear panels of cigarette packages and 30% of smokeless packaging; the required prior approval for "modified risk tobacco products"; the ban on outdoor advertising; and the restrictions on free samples, gifts with purchase and marketing of tobacco products with any other FDA-approved products. The court also upheld the authority of federal, state and local governments to impose additional regulations on tobacco products and marketing beyond those specified in the law and affirmed the FDA's authority to issue further restrictions on tobacco marketing to protect the public health. The court invalidated two provisions of the law: the ban on color and graphics in packaging and advertising and the prohibition of claims implying that tobacco products are safer as a result of FDA regulation. We expect that the case will be appealed.

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NCgovTobacco Ban on Tobacco Road


North Carolina began the New Year with a fresh, smoke-free start.  On January 2, 2010, the state implemented an indoor smoking ban in restaurants and bars - a ban that Governor Beverly Perdue had signed into law on May 18, 2009. Often referred to as the "Tar Heel State," North Carolina farmers produce nearly half of the nation's tobacco. With this new legislation, North Carolina becomes the 29th state to ban smoking in restaurants and the 24th state to ban smoking in bars. The adult smoking rate in North Carolina is at 20.9 percent -- comparable to the national average of 20.6 percent. This ban, similar to how bans are helping in other states, gives North Carolina smokers an additional incentive to quit and improves the overall health and environmental climates caused by tobacco use.
To learn more about the smoking ban in North Carolina, click here.

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cigardiffUnderstanding the Similarities and Differences Between Little Cigars and Cigarillos

As cigarette consumption rates have declined over the past decade, cigarillo and little cigar sales have increased dramatically. Over the past two years, Legacy has been working to raise awareness about the increased sales and consumption of little cigars and cigarillos and, more importantly, to combat misconceptions that little cigars and cigarillos are safe alternatives to cigarettes. These products contain the same compounds as cigarettes and can be just as harmful and addictive.     

little cigars

Understanding the differences between little cigars and cigarillos can be confusing and the two terms are often used interchangeably. Little cigars resemble cigarettes in size and appearance and are often sold in packs of 20. Cigarillos are usually larger than little cigars and resemble a smaller version of a large cigar (example: Black and Mild).  Cigarillos are often sold individually or in small packs (between 2 and 5). For more information on little cigars and cigarillos, including definitions, statistics on increased consumption and health risks, please click here.

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warnerseriesMind the Gap: What the U.S. Can Learn from the U.K.'s National Tobacco Control Strategy


As part of the ongoing Warner Series bringing thought leaders to Legacy, the foundation  hosted key tobacco control leaders from Britainin a January 12th presentation entitled "Mind the Gap: What the U.S. Can Learn from the U.K.'s National Tobacco Control Strategy." The lecture examined and discussed the evolution of effective tobacco control models as well as policies to make smoking cessation tools and treatment as accessible, attractive and efficacious as possible. Panelists included four representatives from the U.K. and two from the U.S. The discussion began with an outline of the  U.K.'s tobacco control strategy, then addressed topics including: drug regulatory perspectives, research perspectives of the British smoker and the U.S. perspective on these various approaches and methodologies. Following the discussion, panelists answered questions from the in-person  and online attendees.


You can watch to the Webcast and view the PowerPoint presentation online here. To submit questions regarding the Warner Series and this particular broadcast, email press@legacyforhealth.org.

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exdocEX® Featured on The Doctors

On January 4th, EX® was featured on the CBS show The Doctors. BecomeAnEX.org is also be featured on The Doctors Web site.
The show was part of a New Year's resolutions segment where approximately 50 smokers in the studio audience were challenged to quit in 2010. EX provided branded giveaway materials for each of the quitters and the show will feature the EX program as well as 1-800-QUIT-NOW. A follow-up show is tentatively planned for March of 2010.

To join The Doctors Community Group, click here.

Follow TheEXTeam on Twitter!

Become a fan of EX on Facebook!

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newsLegacy in the News

For the New Year, Cost Effective Options to Stop Smoking - The New York Times

Rise of the Part-Time Smoker - The Wall Street Journal

The Decade in Culture - Good Blog

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Warner Series: Mind the Gap

Grantee Profile: CRUSH

EX on The Doctors

Legacy in the News


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