Wednesday, December 25, 2013

Plaintiff in smoking lawsuit takes stand

Just before noon on Wednesday, one juror started wiping away tears. Then another. And another.
The jury learned more about John Rizzuto's life Wednesday as he testified against tobacco manufacturers Philip Morris and the Liggett Group. For the past week and a half, jurors got quick glimpses into who Rizzuto was as a person, but heard more about his medical history and expert testimony than his character.
"I'm a person of faith," Rizzuto said. "I'm not afraid to die, but I am afraid to die slowly," said Rizzuto, who lives by himself. Rizzuto said he's also afraid of becoming a "burden" to his children.
"Quite honestly I don't know what I would do," Rizzuto said, adding he would likely go into an assisted living facility at that point. "My family is very important to me, I'd do anything for them, they'd do anything for me," Rizzuto said, seeming to spark the jurors' emotions. Kiss cigarettes .
Rizzuto, 66, of Spring Hill, filed a civil lawsuit more than five years ago against the cigarette companies whose cigarettes he smoked for about 40 years. Rizzuto was first diagnosed with chronic obstructive pulmonary disorder (COPD), in 1994, and today lives with "severe COPD" according to doctors.
Rizzuto said more than once throughout the morning that family was the most important thing to him. Sunday dinners are an Italian tradition Rizzuto carries on with his children and grandchildren today, with Rizzuto making sauce, but not nearly as good as his late wife who taught him.
Singing was important to Rizzuto, who crooned doo-wop tunes throughout his school with friends on street corners and in basements. By 13, Rizzuto's close friends had started smoking. One evening, he lifted a L&M brand cigarette from one of his parents, walked to one of the main streets in Ozone Park, Queens, and lit up.
His first cigarette was "nothing spectacular." But he lit up the next day or day after.
By 14, Rizzuto met his future wife, Marianne. Both were smokers, and Rizzuto said most of his family and friends were smokers too.
Rizzuto tried to stop smoking in the 1970s, 1980s and 1990s, according to testimony. In 1994, Rizzuto was diagnosed with mild COPD, and quit for good in 2000 after being hospitalized for shortness of breath.
"I just couldn't get the air in," Rizzuto said. "It was a scary situation."
Since 2000, Rizzuto said he's had cravings to smoke but never acted upon it, and believes he is still "addicted." Rizzuto told his attorney, Brent Bigger, about the "adaptations" to his life over the past 20 years.
He's never walked his dog, a terrier named Spike, and only attends his granddaughter's softball games if they play the Anderson Snow fields closest to the parking lot. He cleans his own house and does his own food shopping, although slowly.
"I probably should use the motorized cart, but quite honestly, it's an embarrassment to me," Rizzuto said.
During cross examination, Philip Morris attorney William Geraghty called into question statements Rizzuto has made in past depositions.
Geraghty said back in 2008, Rizzuto said he "didn't know" if he was "addicted" to cigarettes, saying he believed addiction to be a medical term, and he wasn't qualified to speak to his medical state.
Geraghty then moved forward to an Aug. 1 deposition, when Rizzuto told lawyers he is still addicted to cigarettes.
"You said you still believe to this day you were addicted to cigarettes, even though you haven't smoked cigarettes in more than 13 years ... your addiction has not caused you to smoke a single cigarette in the last 13 years?" Geraghty said.
"That's true," Rizzuto answered.
Geraghty also drew from previous depositions, reminding Rizzuto he said he smoked to "calm down," but also used other methods for relaxation, such as taking a Xanax, reading a book, watching television or drinking coffee.
During questioning, Rizzuto maintained he didn't cut back on smoking in the 1970s because of health reasons, but because of the cost. Rizzuto maintained he was aware of the warning label on cigarette boxes at the time, which stated "Cigarette smoking may be hazardous to your health."
Geraghty also questioned Rizzuto about his other significant health problems, which include foot and circulation problems, back pain, elevated cholesterol, hypertension and Type 2 diabetes.
Rizzuto's daughter, Gina Stifanic, also testified on Wednesday. Stifanic told jurors when she danced with her father at her 2001 wedding, he was "out of breath" after.
"I'm concerned he's not going to be around that much longer, to see my kids get married, graduate," Stifanic said.

Monday, December 16, 2013

Campaign to stop smoking

HEALTH visitors and school nurses have been running a series of campaigns to help encourage parents and children to stop smoking.
Southern Health NHS Foundation Trust has been running the scheme to encourage people in the Fareham and Gosport area to quit.
So far, around 25 referrals into the trust’s smoking cessation service Quit4life have been made.
Kath Clark, locality clinical manager for Fareham and Gosport, said: ‘We’re delighted with the success of our smoking cessation campaigns and will continue to help encourage parents and young people in the Fareham and Gosport areas to stop smoking.’

BIR won’t reclassify premium cigarets to low-tier brands

Informed sources said the BIR has rejected Philip Morris Fortune Tobacco Corp.’s plan to introduce low-priced Marlboro cigarettes in the domestic market as this would be in conflict with the sin tax reform law, which sets a two-tier system for cigarette products.  Marlboro is classified as a premium brand under the sin tax measure.
Excise tax on low priced brands is P12 per pack while that on the higher tier is P25/pack.
Sought for comment, BIR commissioner Kim Henares neither confirmed nor denied the report but pointed out that the law must always prevail.
“I can not make any comment at this point. Rest assured we will always follow the law,” Henares said in a text message.Philip Morris International producer of Marlboro Flavor Note cigarettes and LM cigarettes.
PMFTC, the joint venture between taipan Lucio Tan and American tobacco giant Philip Morris International, made the proposal following stagnating sales as consumers switch from premium to super cheap cigarettes.
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Last year, low-priced cigarettes accounted for only five percent of the country’s 100-billion cigarette sticks  industry, estimated to be worth around  P150 billion. Studies show that while bargain brands have started to make their presence felt in the industry, Marlboro remains the dominant brand in the sector.
However, the new six tax law provides for a unitary tax regime of P30 per pack of cigarettes by 2017. This is to simplify the current multi-tiered structure, prevent downshifting to lower priced brands, discourage consumption of sin products and for easy tax administration.
To prevent the excise taxes to be eroded by inflation, the excise tax rates will be increased by four percent every year effective 2016 for distilled spirits and 2018 for cigarettes and beer.
On the first year of implementation of the sin tax law, the government is expected to raise additional revenues worth P33.96 billion, of which P23.4 billion is from cigarettes, P6.06 billion from distilled spirits and P4.5 billion from fermented liquors.
In the first nine months of the year, collection of excise tax on tobacco and alcohol jumped  by 63.9 percent to P63.6 billion or 73 percent of the government’s collection goal of P85.56 billion this year.  Of that amount, P43 billion will come from incremental revenues from the sin tax law.
The total Philippine tobacco industry volume of 23 billion units is  seen to have declined by 6.7 percent due to the proliferation of counterfeits, which is eating into PMFTC’s market share.
 The Philippines is one of the key markets for Philip Morris as it contributed 22 percent to the company’s shipments to Asia last year.

Smuggled cigarettes sale costs exchequer heavily

The government has failed to curb the illegal smuggling of cigarettes inside Pakistan that is depriving the national exchequer of billions of rupees, which can be collected from the taxes imposed on sale of cigarette.
It is worth stating here that imported cigarettes through improper channels are banned in the country and only those brands and cigarettes can be sold, those have paid taxes and carry the government of Pakistan’s health warning on it
Contrary to these orders from the government there are too many imported brands available in the market and the shopkeepers are selling those cigarettes without any worry. Only a single brand ‘Pine’ deprives the national kitty of more than Rs 1 billion per annum, according to a report. It is pertinent to mention here that across the world cigarettes are heavily taxed and the governments collect heavy amounts from the tobacco companies under the head of sales tax. It would also be justified to say that people mostly do not protest against the tax imposed on the cigarettes. As it is not considered basic necessity of a human being though a large number of global residents use tobacco.
Pakistan too can collect handsome amount from the tax on cigarettes but due to loopholes in the system and corrupt practices of most of the government officials, it is unable to collect that much amount that is supposed to be collected.
When asked how do they manage selling illegal smuggled cigarettes, several shopkeepers replied, “We pay them.” It is not the government whom they pay; rather they are talking about the officials appointed to curb such practices.
Certain quarters believe that high-ups should personally visit the markets and suspend the relevant officials if illegal cigarettes are found in the area of some official. At the same time certain quarters believe that curbing illegal trade is not a big deal but it only requires political will.