Group Questions Smoking Ban Injunction

Health groups Thursday expressed disappointment over the injunction issued by a Mandaluyong court Wednesday against the anti-smoking policy of the Metropolitan Manila Development Authority (MMDA). “We respect the authority of our honorable courts to decide on legal matters mainly because they are the proper venue for this. However, the life and health of our people should not be held hostage to legal battles nor technicalities of the law," Dr. Oscar D. Tinio, president of the Philippine Medical Association (PMA), said. The Mandaluyong City Regional Trial Court Branch 213 issued a writ of preliminary injunction against the MMDA from implementing its smoking ban. The six-page order handed down by Judge Carlos Valenzuela stated that the MMDA, headed by Chairman Francis Tolentino, is prevented from enforcing the no-smoking campaign on open areas not covered by the definition of public places in Republic Act 9211 or the Tobacco Regulation Act of 2003.

State Must Renovate the Anti-Smoking Efforts

In the last few years, we have seen a downside to the good quality of life that makes the Volunteer State so attractive.

One aspect of that downside is the high rate of adult and childhood obesity, and the other is the paucity of funds allocated to restrict smoking. Efforts to reduce childhood obesity have shown some slight improvement, the (Nashville) Tennessean reported earlier this year, but the efforts to curb smoking appear headed in the wrong direction.

A new study by the federal Centers for Disease Control and Prevention and reported by the Tennessean this month ranks the state dead last among other states and the District of Columbia in funding anti-smoking programs. The report was tilted "Tobacco Control State Highlight 2010."

Other statistics in the report are equally sobering. Tennessee is 39th for low tobacco taxes, even though the Legislature raised the tax by 42 cents per pack of cigarettes - from 20 cents to 62 cents - three years ago. The tax remains below the national average of $1.34 per pack.

The state ranks 43rd for the likely chance that workers in Tennessee will be exposed to smoke in their jobs; 45th for the number of smokers who use the state quit-smoking help hot line; 46th for the high number of adult smokers and 47th for youth smokers, ages 12-17.

Elected officials can blame the poor funding of anti-smoking programs on the current state of the economy, but that argument goes only so far. Tennessee brings in about $400 million in tobacco taxes and payments from a settlement agreement involving dozens of states and tobacco companies.

Tennessee's share this year is about $145 million. And, while the bulk of the money arguably could go for health care costs, a portion of the money was promised for anti-smoking programs.

Tennessee's contribution to those programs this year was a paltry $200,000, creating an uphill struggle for state health officials. The spending was down from $10 million in 2007 and $5 million in 2008. The CDC says the state should be spending at least $7.1 million each year.

Tennessee made progress with the 2007 outlay, and the number of smokers dropped from 27 percent of the population to 23 percent in 2008. That clearly demonstrates the effectiveness of the wise use of the tobacco-settlement money.

However, other states made gains as well; some even used the tobacco-settlement funds as they promised and didn't allow progress to stop after one year.

As the CDC report noted, tobacco use is the single most preventable cause of death in the U.S. Moreover, diseases attributed to smoking result in $96 billion in health care costs annually.

The report challenged state officials to work creatively by using high-impact, cost effective measures to curb smoking, even in challenging economic times.

We urge those officials to keep up the fight. Tennessee's quality of life doesn't begin and end with the scenic mountains, hills and lakes. It also includes what we put in our mouths and breathe into our lungs.