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El Original
December,
2009

FDA’s Early Approach to Tobacco Regulation Leaves Plenty for Industry to Worry About

In a document entitled Fundamentals of Smokefree Workplace Laws, a "national consensus document created by public health groups on policy deal breakers and guidance on political compromise," Americans for Nonsmokers' Rights (ANR) lays out a blueprint for "maximizing the impact of efforts to increase the number of workers and residents in the United States who are protected from secondhand smoke in workplaces and public spaces." Yes, you read that right: it said "residents," meaning private homes. Make no mistake: there is no such thing as an acceptable, reasonable, or common sense exemption when it comes to smoking bans, according to ANR, and that includes businesses whose livelihood focuses on tobacco! An excerpt:

Exemptions for tobacco retail shops, cigar bars, and hookah bars:

These exemptions, although once common, are no longer the norm. The tobacco industry and other opposition groups continue to assert that these establishments warrant exemption. In reality, these businesses are no different than any other workplace or public place. All employees, no matter where they are employed, deserve the right to breathe clean air at work. Opposition groups have taken full advantage of these exemptions, stretching and testing the definitions in an effort to allow smoking in everyday bars. Chicago's smokefree law contained an exemption for tobacco retail shops. So tobacco giant RJ Reynolds opened up a bar that fell under the definition of tobacco retail shop. The creation of this tobacco shop and bar was simply a deceptive tactic to circumvent the new smokefree law. In order to prevent loopholes like this in your area, it is best to avoid all exemptions for tobacco retail shops, cigar bars, and hookah bars. Again, these are workplaces too.

To download this entire document, visit www.no-smoke.org, navigate to "Going Smoke-free," and then to "Drafting Your Ordinance." There are model ordinances and many other tools to help anti-smoking groups pass smoking bans by manipulating inconclusive science. See how they advise your community to formulate a plan of attack to drive you out of business.

Then, visit www.tobacconistuniversity.org and click on "The Tobacconist Preservation Act." The TPA campaign is fully funded, hosted, and disseminated by Tobacconist University, which is gathering signatures and support for citizens, tobacconists, and organizations who are fighting against smoking bans and indoor smoking restrictions. While the petition proactively supports legislative protection for retail tobacconists, it will be used mostly to fight all kinds of indoor bans and anti-smoking legislation. The TPA petition is an "activism tool, a public relations campaign, and a lobbying effort to protect tobacconists and consumer rights. Ultimately, the voice of the luxury tobacco industry and consumers is being aggregated in the TPA petition will be leveraged to project retailers voices and protect their rights." Your business survival literally depends on fighting back.

- E. Edward Hoyt III