Two-Year Long Battle For Tobacco Prevention And Cessation Programs To Be Determined by Highest Court
WASHINGTON, March 11 /PRNewswire-USNewswire/ -- The Ohio Supreme Court has made the decision to hear the appeal in Legacy's case seeking to preserve tobacco funds and the life-saving tobacco control programs they support in Ohio. Legacy – a national public health foundation devoted to tobacco cessation and prevention – applauds this ruling, made yesterday, which recognizes the great importance of this case to the people of Ohio.
The Court will review the December decision of the Ohio Court of Appeals of Franklin County, Tenth Appellate District reversing a lower court's order permanently enjoining the State from dissolving the Tobacco Use Prevention and Control Endowment Fund. The December 2009 Court of Appeals' decision represented a major step backward in the effort spearheaded by Legacy and others to safeguard the state's tobacco prevention money for its intended purpose: to save Ohioans' lives.
Today's decision assures that Ohio's highest court will determine whether the state had the authority to divert the funds it had previously committed to the Ohio Tobacco Control and Prevention trust fund. It offers Legacy a final opportunity in its fight to re-establish Ohio's effective tobacco prevention and cessation programs which were largely shut down in the wake of the state's effort to divert the funds. Two Ohioans were also plaintiffs in the case: Robert Miller and David Weinmann, both longtime smokers who relied on services and programs supported by the Ohio Tobacco Use Prevention and Control Endowment Fund to quit smoking, brought claims as Ohio smokers, the intended beneficiaries of OTPF.
Cheryl G. Healton, DrPH, president and CEO of Legacy, comments, "Today's decision is an extremely important step forward. I want to reiterate that from the outset of this litigation, we have stated unequivocally that if we prevail, these funds will be spent solely on effective programs in Ohio to save Ohioan's lives from tobacco's deadly toll. Suggestions to the contrary are simply false."
Legacy, created as a result of the Master Settlement Agreement (MSA), stepped forward in April 2008 after being asked by the Ohio Tobacco Prevention Foundation (OTPF) to help safeguard the tobacco settlement dollars Ohio had set aside for tobacco control. After the OTPF signed a contract with Legacy to preserve tobacco prevention and cessation efforts in the state, the legislature voted to abolish both OTPF and its endowment.
The 1998 MSA provided more than $200 billion to be paid to the states over 26 years in recognition of the lives and money lost to tobacco. To ensure that a substantial portion of its recovery was spent specifically on tobacco control, Ohio established OTPF and created an endowment for it. Most states have spent only a small fraction, if any, of their MSA funds to mitigate the tragic impact of the tobacco epidemic which claims the lives of more than 400,000 Americans each year.
Research shows that tobacco takes an enormous toll on Ohio - both in lives lost and dollars spent. Ohio's smoking rate is 20.1 percent, just below the national average of 20.6 percent, thanks in large measure to the work of OTPF. A report from the Campaign for Tobacco-Free Kids and other leading public health groups in December 2009, "A Broken Promise to Our Children: The 1998 State Tobacco Settlement 11 Years Later," found that Ohio is ranked a disappointing 45th among U.S. states in the amount it spends on tobacco control efforts. The report found Ohio is spending only 5.1 percent of the recommended minimum by the Centers for Disease Control and Prevention -- $5 for every $100 recommended.
In a state already feeling the brunt of the national recession, smoking costs Ohio more than $4 billion in annual health care costs and another $4.7 billion annually in smoking-related productivity loss (in 2004 dollars). A 2007 report by Legacy found that Ohio's Medicaid system could save $550 million within five years if all Medicaid beneficiaries who smoke, quit. Ohio would reap the third-largest savings of all the states, making the case that despite this economic downturn in Ohio, keeping these funds focused on tobacco control is a wiser long-term investment, ultimately saving Ohioans' lives and money.
The timeline of activity related to the Ohio tobacco funding dispute is as follows:
Legacy(SM) is dedicated to building a world where young people reject tobacco and anyone can quit. Located in Washington, D.C., the national public health organization helps American live longer, healthier lives. Legacy develops programs that address the health effects of tobacco use, especially among vulnerable populations disproportionately affected by the toll of tobacco, through grants, technical assistance and training, partnerships, youth activism, and counter-marketing and grassroots marketing campaigns. The foundation's programs include truth®, a national youth smoking prevention campaign that has been cited as having contributed to significant declines in youth smoking; EX®, an innovative public health program designed to speak to smokers in their own language and change the way they approach quitting; and research initiatives exploring the causes, consequences and approaches to reducing tobacco use. The American Legacy Foundation was created as a result of the November 1998 Master Settlement Agreement (MSA) reached between attorneys general from 46 states, five U.S. territories and the tobacco industry. Visit www.legacyforhealth.org.
Legacy is equipped with a VideoLink ReadyCam™ television studio system, providing journalists with faster, easier access to the nation's leading tobacco prevention and cessation experts. From this in-house broadcast studio, Legacy can offer immediate access to its experts to comment on breaking news, new research publications, or any news related to youth smoking prevention, adult quit smoking programs, or any issue related to smoking. The studio is connected directly to the Vyvx fiber network and is always available for live or pre-taped interviews.
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