Justice Department filed a civil case in 1999 under the federal Racketeer Influenced and Corrupt Organizations law, or RICO. In April, a federal appeals court reaffirmed that the manufacturers are required to include corrective warning statements. However, the U.S. Court of Appeals for the District of Columbia Circuit also ruled that the statements cannot include the phrase that Kessler required: “Here is the truth.” The court’s order requires that the companies publish five statements related to cigarette smoking across several communication channels, including on their websites and on cigarette packs for at least a year. The statement will cover these categories: Lack of significant health benefit from smoking “low tar,” “light,” “ultra light,” “mild” and “natural’ cigarettes. Manipulation of cigarette design and composition to ensure optimum nicotine delivery. Adverse health effect of exposure to secondhand smoke. “This industry has changed dramatically over the last 20 years, including becoming regulated by the FDA, which we supported,” Murray Garnick, the general counsel for Philip Morris USA’s parent company Altria Group Inc., said in a statement. “We’re focused on the future and, with FDA in place, working to develop less-risky tobacco products.” The newspaper ads with the corrective statements will appear in the front section of the Sunday edition on five different dates: Nov.
Abele Park, DiCaprio Park, Fort Hunter Park, Roger Keenholts Park, McKownville Park, Nott Road Park and Dog Park, Tawasentha Park and Winter Recreation Area, and Volunteer Firefighters Memorial Park. Barber said the desire for the ban was driven by aesthetics as well as health. "We have fishing areas and scenic trails that we want to keep free of cigarette litter," he said. Vaping advocates argue that e-cigarettes are not combustible, so second-hand smoke does not pose a health threat. Barber told the Times Union the ban was focused on protecting children from second-hand smoke as well as the temptation to smoke themselves. And he disagrees that e-cigarettes are harmless to the non-users who are in the vicinity of vaping. "Children watch and observe, and vaping might look like something they would want to do someday," Barber says. "And the aerosol from electronic cigarettes can contain nicotine and other carcinogens that can be inhaled by people sharing the park. E-cigarettes are just not consistent with a family-friendly park." The new law imposes a $50 fine for the first violation, while repeat offenders could find themselves paying $200-$500. "We don't need the revenue from the fines," Barber said, adding that he was confident locals would comply with the ban.
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