The United States 6th Circuit Court of Appeals ruled unanimously today (pdf) that a private, for-profit corporation is not a “person” capable of “religious exercise,” and so cannot be excused from complying with the Patient Protection and Affordable Care Act (“Obamacare”) for religious reasons. The case centered around a lawsuit brought against the U.S. government by Autocam Corporation and Autocam Medical, LLC two for-profit, secular corporations that make products for the automotive and medical industries. The companies are owned and controlled by members of the Kennedy family, all of whom are practicing Roman Catholics. The Kennedy family complained that the Affordable Care Act’s requirement that employees’ health insurance cover FDA- approved contraceptives would force the family to violate the teachings of their church. The Court ruled that since a corporation cannot exercise religion, it cannot claim that its religious rights are being infringed by the Affordable Care Act. The ruling has implications for other corporations, like Hobby Lobby, that have made the same claim.
Tag: public health
Advertising, Consumer advocacy, Corporations, Corruption, Ethnic/Minority, Health, Human rights, Marketing, Poverty, Public health, Safety, Tobacco
FDA Drags Feet on Regulating Menthol in Cigarettes
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In the 1980s, R.J. Reynolds used one version of “Joe Camel” to market menthol cigarettes to African Americans (left), and another version (inset, right) to market to caucasian populations.
It’s own Tobacco Products Advisory Scientific Committee (TPASC) concluded in 2011 that menthol cigarettes increase hazards to human health, but even now — fully two and a half years later — the U.S. Food and Drug Administration (FDA) is still dragging its feet in acting on the information. Yielding to pressure from tobacco companies, on September 4, FDA (pdf) delayed deciding what to do about menthol for yet another two months, asking for more public comment. A scientific study commissioned by FDA and published in March of 2011 (pdf) found that cigarette companies add menthol at trace or “subliminal” levels to all cigarettes to manipulate the sensory perception of smoke. FDA’s scientific advisory committee studied the relationships between menthol cigarettes and public health, and concluded that menthol cannot be considered simply a flavoring additive in cigarettes because it has distinct pharmacological actions. It reduces the harshness of smoke and irritation from nicotine — both characteristics that make it easier for kids to start smoking. Menthol also may make it harder for some people to quit, and the evidence suggested use of menthol cigarettes can lower responsiveness to medications. TPSAC concluded that there are no public health benefits of menthol compared to non-menthol cigarettes. TPSAC also found use of menthol cigarettes is highest among minorities, teenagers and low-income populations, and particularly heavy among African-Americans. Cigarette companies have long disproportionately marketed menthol cigarettes to African Americans. A Stanford University School of Medicine study found cigarette companies market mentholated cigarettes in a predatory manner designed to lure African Americans into becoming smokers. They advertise menthol cigarettes more heavily in areas with higher African American populations, and lower the price of menthol cigarettes in stores located near high schools with large African American student populations.
Corporations, Corruption, Ethics, Health, Marketing, Public health, Tobacco, Tobacco documents
R.J. Reynolds Puts Cigarette “Pilferage in Perspective”
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Equation on page -9000 of RJR marketing document shows retailers could make more money if they let cigarettes be stolen than by preventing theft by locking them up.
In September, 1985 ,R. J. Reynolds created a sales presentation about shoplifting called “Pilferage in Perspective,” to try and talk retailers out of the “knee jerk reaction” of moving their cigarettes out of reach of customers in response to high rates of pilferage. The document shows how, in most cases, retailers could make a bigger profit if they let their cigarettes be stolen, due to the industry-paid “placement,” “merchandising” or “slotting fees.” Tobacco companies paid these fees, which were often sizable, to retailers in exchange for placing self-service cigarette displays in specific locations in stores like in front of the cash register, below counter level or adjacent to displays containing candy and toys. The displays were often required to be kept in locations that made it difficult for clerks to oversee them and limit shoplifting from them. Many clerks expressed profound frustration with the arrangement, since they were often held responsible for stolen merchandise. The RJR document contains equations that demonstrate for retailers how their slotting fees more than offset their loss from theft.
Consumer advocacy, Corporations, Corruption, Energy, Environment, Ethics, Human rights, Lies, Public health, Secrecy
BP’s Deepwater Horizon Cover-Up
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Studies have found oil/Corexit® residue accelerates the absorption of toxins into the skin. The results aren’t visible under normal light (top), but contamination that has worked its way into the skin appears as fluorescent spots under UV light (bottom). Photo Credit: James H “Rip” Kirby III, Surfrider Foundation
Newsweek magazine published a scathing expose’ this week about BP’s behind-the-scenes efforts to limit what the public saw and understood about the company’s disastrous 2010 Deepwater Horizon gulf oil spill. BP assured thousands of fishermen, on-shore residents and workers they hired to help with spill cleanup operations that the proprietary oil dispersant they used called “Corexit” was as safe as dish soap, but people exposed to the Corexit/oil mixture subsequently fell ill with a range symptoms that mimic Gulf War Syndrome, including muscle spasms that rendered their hands unusable, neurological problems like short term memory loss, painful skin inflammation and breathing problems. A Government Accountability Project (GAP) investigation done after the fact found BP purposely withheld manufacturer’s safety manuals for Corexit from the fishermen and other workers. In interviews after the disaster, cleanup workers said BP had threatened to fire any workers who complained about the lack of protective clothing and respirators. Airplanes spraying Corexit also indiscriminately sprayed the substance over the fishing boats BP hired to help contain the spill, exposing the fishermen to multiple doses of the chemicals. Nineteen months after the Deepwater Horizon explosion, the peer-reviewed scientific journal Environmental Pollution published a study that found that crude oil becomes 52 times more toxic when mixed with Corexit than it would otherwise be if left alone. GAP representatives asked BP to pay for the medical treatment of victims of Corexit-and-crude poisoning but BP has refused. BP’s cover up demonstrates the huge amount of power corporations wield and the inability or unwillingness of governments to restrict that power. Eleven people were killed in the Deepwater Horizon disaster, but no one has yet faced any criminal charges. What’s worse, the BP spill and its after-effects haven’t prompted any changes in public policy towards big corporations and their activities. It’s as though the U.S. government has gleaned no wisdom at all from the disaster and BP’s subsequent actions.
Source: Newsweek, “What BP Doesn’t Want You to Know about the 2010 Gulf Oil Spill,” April 22, 2013 (Accompanying photo is from the University of South Florida study “Findings of Persistency of Polycyclic Aromatic Hydrocarbons in Residual Tar Product Sourced from Crude Oil Released During the Deepwater Horizon M252 Spill of National Significance,” [PDF], April 14, 2012)
Grassroots advocacy, Gun violence, Lobbying, Safety, Security, Violence
They Said It Couldn’t Be Done: NY State Passes Comprehensive Gun Safety Bill
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Sandy Hook victims
With lightening speed for a state legislature, New York became the first state to pass a comprehensive gun safety bill since the massacre December 14, 2012 at Newtown, Connecticut. New York’s gun control bill, passed and signed today, is the toughest in the nation. It expands the definition of “assault weapon” to include semiautomatic weapons to include those with just one feature commonly associated with military weapons, like a bayonet mount, flash suppressor or pistol grip. Previously the definition required two features. New York’s bill also revokes or suspends gun licenses held by people whom mental health experts determine to be a danger to society. The new law limits magazines to just seven rounds of ammunition instead of ten, and provides for enhanced monitoring of ammunition purchases to flag high-volume buyers. Gun licenses must be re-certified every five years. (They used to never expire.) The law increases penalties for illegal gun possession and for using a gun against emergency responders. “Common sense can win,” said New York Governor Andrew Cuomo as he signed the bill, less than an hour the New York State Assembly passed it by a vote of 104 to 43 . “You can overpower extremists with intelligence and with reason and common sense,” Cuomo said. The National Rifle Association called the law “draconian,” and said it was passed “under a veil of secrecy in the dark of night.” The bill passed on the second day of New York state’s 2013 legislative session.
Main source: Los Angeles Times, August 15, 2012