Monday, June 27, 2011

Philip Morris fights Australian packaging rules (AP)

SYDNEY � Tobacco giant Philip Morris launched legal action on Monday against the Australian government over the country's plans to strip company logos from cigarette packages and replace them with grisly images of cancerous mouths, sickly children and bulging, blinded eyes.

The government believes the new rules will make the packages less attractive to smokers and turn Australia into the world's toughest country on tobacco advertising. Several outraged cigarette makers have threatened lawsuits, arguing the move illegally diminishes the value of their trademarks. Philip Morris is the first of those companies to file a claim for compensation.

"We would anticipate that the compensation would amount to billions," Philip Morris spokeswoman Anne Edwards told The Associated Press.

The legislation, which will be introduced to Parliament in July, would ban cigarette makers from printing their logos, promotional text or colorful images on cigarette packs. Brand names will instead be printed in a small, uniform font and feature large health warnings and gruesome, full-color images of the consequences of smoking. The law would be phased in over six months, starting in January 2012.

Hong Kong-based Philip Morris Asia Limited, which owns the Australian affiliate Philip Morris Limited, filed a notice of claim on Monday arguing the legislation violates a bilateral investment treaty between Australia and Hong Kong.

The tobacco company says the treaty protects companies' property, including intellectual property such as trademarks. The plain packaging proposal severely diminishes the value of the company's trademark, Edwards said.

"Our brands are really one of the absolute key valuable assets that we have as a company � it's what helps us compete, it's what enables us to distinguish our products," Edwards said. "This move ... would essentially amount to confiscation of our brand in Australia."

The government denied the plan breaks any laws and said it would not back down.

"Our government is determined to take every step we can to reduce the harm by tobacco," Health Minister Nicola Roxon said. "We won't be deterred by tobacco companies making threats or taking legal action."

Prime Minister Julia Gillard also brushed off Philip Morris' threats. "We're not going to be intimidated by big tobacco's tactics," she told Australian Broadcasting Corp.

The legal notice filed Monday opens up a three-month period of negotiation between the two sides. Philip Morris said if a "satisfactory outcome" isn't achieved by the end of the three months, it will seek arbitration.

Similar steps are being taken in the U.S., where cigarette packs will soon feature new warning labels with graphic images of the negative health effects of smoking, including diseased lungs and the sewn-up corpse of a smoker.

The labels also feature phrases like "Smoking can kill you" and "Cigarettes cause cancer." They will take up the top half � both front and back � of a pack of cigarettes and be featured in advertisements.

The labels are a part of a campaign by the U.S. Food and Drug Administration that aims to convey the dangers of tobacco, which is responsible for about 443,000 deaths in the U.S. a year. The warnings must appear on cigarette packs by the fall of 2012.

The U.S and Australia are following the lead of other countries.

Uruguay's government requires that 80 percent of the front and back of all cigarettes packages be devoted to warnings. In Brazil, labels feature graphic images of dead fetuses, hemorrhaging brains and gangrened feet.



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Sunday, June 26, 2011

France says its E.coli strain same as Germany's (AP)

BORDEAUX, France � France's health minister says experts are "99 percent sure" that the E. coli outbreak that put seven people in the hospital in Bordeaux region is the same strain of bacteria that killed 44 people � all but one in Germany.

Hospital officials say that three of the seven sickened are on dialysis, while a 78-year-old is in critical condition. Another person was released.

Health Minister Xavier Bertrand said that the strain appears to be the same as the one in Germany.

France halted the sale of fenugreek, mustard and arugula sprout seeds from British mail order seed and plant company Thompson & Morgan. The company says the link is unsubstantiated.

German officials attribute deaths there to a sprout farm in northern Germany.



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Saturday, June 25, 2011

Sportsmen monitor gas drilling in Marcellus Shale (AP)

WHITELEY, Pa. � Fishermen are gearing up and hunters are taking aim � for Marcellus Shale gas drilling.

A new coalition of outdoors groups is emerging as a potent force in the debate over natural gas drilling. The Sportsmen Alliance for Marcellus Conservation isn't against the process of fracking for gas, but its members want to make sure the rush to cash in on the valuable resource doesn't damage streams, forests, and the various creatures that call those places home.

The movement grew out of grass-roots anger as passionate outdoorsmen found their questions about drilling and wildlife brought few answers from local or state officials.

"Either we didn't get a response or the answer we got didn't seem feasible or acceptable. It didn't seem like the people who were in charge had their pulse on what was actually happening," said Ken Dufalla of Clarksville, Pa.

Energy companies have identified major reserves of natural gas throughout the Marcellus Shale, which underlies much of New York and Pennsylvania, and parts of Maryland, Ohio and West Virginia.

More than 3,300 wells have been drilled across Pennsylvania in just the last few years. The boom has raised concerns about the use of hydraulic fracturing, or fracking, a drilling technique in which water, sand and a small amount of chemicals are used to open gas-bearing shale formations deep underground.

Already, preliminary water testing by sportsmen is showing consistently high levels of bromides and total dissolved solids in some streams near fracking operations, Dufalla said. Bromide is a salt that reacts with the chlorine disinfectants used by drinking water systems and creates trihalomethanes. The U.S. Environmental Protection Agency says trihalomethanes can be harmful to people who drink water with elevated levels for many years.

Dufalla stands alongside Whiteley Creek, a little mountain stream in Greene County. But something is wrong. The grass is lush and the woods are green, but the water is cloudy and dead-looking.

"It used to be a nice stream," teeming with minnows, crawfish and other aquatic life, he told The Associated Press. No more, said Dufalla, a former deputy game and fish warden for Pennsylvania.

He's worried that nearby gas drilling has damaged the creek, either from improper discharges of waters used in fracking, or from extensive withdrawals of water. The drilling industry says numerous studies have shown fracking is environmentally safe, but Dufalla and other sportsmen want to be sure.

The goal is to build a water quality database that identifies problem areas and makes that information available to the public. Currently, there's little scientific information about whether or how much fracking water impacts wildlife.

Numbers suggest that many people share Dufalla's concerns, in Pennsylvania and throughout the region. Two years ago his local chapter of the Izaak Walton League (a fishing group) had 19 members. Today there are 111.

More than half a dozen existing outdoors groups are part of the Sportsmen Alliance, and collectively they have more than 60,000 members in the states that overlay the Marcellus. Numbers like that mean there's an established grapevine to reach sportsmen and women, and the ties to national groups bring access to experts and funding.

Members of the Sportsmen Alliance are scheduled to meet in July with Michael Krancer, the new secretary of the Pennsylvania Department of Environmental Protection, said Katy Dunlap, a spokeswoman for Trout Unlimited, a national fishing group based in Arlington, Va.

"We are making specific requests with regards to Wilderness trout waters in Pennsylvania," Dunlap said, such as additional review of proposed wells near such waters.

Some areas may be too environmentally sensitive for drilling, and the Sportsmen Alliance is building a list of places that need special protection, Dunlap said. "Places that once you destroy, you can't take back," she said.

Whether the drilling industry would accept additional limits in some areas remains to be seen.

So many wildlife lovers have expressed concern over drilling that the Sportsmen Alliance has moved beyond relying on volunteers.

Earlier this year Dave Sewak began working full-time across Pennsylvania, giving educational talks and training a network of volunteer water testers. "We support the energy development; we just want to see it done right the first time. I think hunters and fishermen are the original environmentalists," said Sewak, a Windber, Pa. resident. He's paid by Trout Unlimited.

There has been considerable public debate over how and if fracking impacts drinking water supplies, but Dufalla and other sportsmen are worried that even low concentrations of fracking chemicals may affect aquatic invertebrates � the tiny water bugs that grow into mayflies and stoneflies, which are in turn eaten by fish and birds.

The sportsmen worry that a stream without bugs could quickly become a stream without fish, and then a valley with fewer birds, and so on up the food chain.

There are signs that both the drilling industry and sportsmen are trying to find common ground. Patrick Creighton, a spokesman for the Marcellus Shale Coalition, a drilling industry business group, told the AP his group has already met with numerous outdoors groups.

"It's a relationship that we're building," he said. They're also working with local groups on a set of "best management practices."

Some pro-drilling outdoorsmen said that's exactly the area that needs work.

Ed Gaw leased drilling rights to a five-acre tract of his 140-acre farm in Evans City, Pa., to the T.W. Phillips Co. and fracking began in the spring of 2009. The next year the drillers did what they considered to be a basic restoration.

"Their idea of reclaiming a site and mine were kind of night and day," said Gaw, who knew when he signed the lease that the landscape would never look as it had before.

But Gaw didn't just complain. He got to work, investing about $20,000 in a restoration that included planting hundreds of spruce and fruit trees. Now there are more deer on the property than before drilling began, he said.

But no one wanted to talk about restoration in the beginning. Gaw remembers telling the drilling company that a beautiful restoration would be in their long-term interest too, but they didn't see the point. "I'm going take you guys kicking and screaming into this model recovery," he recalls saying.

He was right.

Last year, the Pennsylvania Game Commission sponsored a field day on the issue of reclamation at the Gaw Farm, which is about 30 miles north of Pittsburgh. At the time state officials echoed some of Gaw's concerns.

"Landowners have received a wealth of information across the state on leasing, but little attention has been paid to reclamation and habitat recovery," said Tim Hoppe, Northwest Region Wildlife Diversity Biologist for the Game Commission.

Part of the challenge for outdoorsmen and industry is that there isn't much scientific information on how or if fracking impacts wildlife in the Marcellus Shale region.

University of Pennsylvania biologist Margaret Brittingham is just starting such a project, with support from the Pennsylvania Game Commission. The study will look at how drilling changes the forest habitat, and how it could impact wildlife. But it will be a few years before results are in, and that's just one study.

In the meantime, the sportsmen know the value of keeping their hooks sharp and their powder dry, so to speak.

Trout Unlimited and some of the other sportsmen groups have staff attorneys and a history of organizing and funding successful water quality lawsuits.

Dufalla hopes the volunteer water testing database becomes a tool for negotiating with state officials and the drilling industry.

If the testing shows an ongoing pattern of water quality problems near drilling operations the sportsmen may file lawsuits, he said.

"It's the last thing you want to do," Dufalla said.

But some people in rural communities are past accepting assurances by the industry that fracking doesn't cause environmental problems. Some who don't even hunt or fish have joined the effort to patrol waterways.

Waynesburg resident Chuck Hunnell, 68, said a recent public meeting on drilling was the most radical one he's ever been to. But what he sees in the community he grew up in has turned him into an activist monitoring the drilling industry.

"And now until I breathe my last breath, I'm going to be checking on these people," Hunnell said.

___

Online:

http://www.sportsmenalliance.org/index.htm

http://marcelluscoalition.org/



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France halts sales of 3 seeds after E. coli cases (AP)

PARIS � France has halted the sale of three types of seeds linked to a British company after an E. coli outbreak caused the hospitalization of eight people.

French health officials say test results on two of the eight people hospitalized show an infection of the same strain of E. coli that killed 44 people � all but one in Germany � and sickened more than 3,700.

Commerce Minister Frederic Lefevre said late Friday the order involves fenugreek, mustard and arugula seeds linked to a British seed and plant vendor, Thompson & Morgan.

An investigation by France's competition, consumption and fraud prevention agency found two of the eight people hospitalized had consumed sprouts from the three seeds at a school fair in the southwestern town of Begles.



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Friday, June 24, 2011

Europe's E. coli death toll at least 44 (AP)

BERLIN � Germany has reported another death in Europe's E. coli outbreak, bringing the toll to at least 44.

The national disease control center said Friday that 43 deaths have now been reported in Germany, the outbreak's epicenter. Another person has died in Sweden.

In its own update Friday, the World Health Organization included a further death in the United States. However, it cautioned � as U.S. officials also have � that it isn't yet confirmed that the Arizona man, who had visited Germany and died in mid-June, was sickened by the same bacteria strain.

Although the death toll is still rising, the number of new infections peaked on May 22 and has declined significantly over the past two weeks.

The Robert Koch Institute, the disease control center, says 3,717 people have been reported sick in Germany, including 827 suffering from a complication that can lead to kidney failure.

Another 119 cases have been reported in a total of 15 other countries. The fact that overall numbers are continuing to rise is largely due to delays in notification, the WHO said.

The source of the bacteria has been traced to a sprout farm in northern Germany. Officials still don't know how the sprouts were contaminated.



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States stop circumcisions funds amid budget crisis (AP)

DENVER � A nationwide debate about circumcisions for newborn boys, combined with cash-strapped public health budgets, has Colorado taking sides with 17 other states that no longer fund Medicaid coverage of the once widely accepted procedure.

For years, Colorado lawmakers considered doing away with funding for circumcisions under Medicaid � a move that would save the state $186,500 a year. Now facing a seismic budget shortfall estimated to be $1 billion at the beginning of this year, lawmakers finally approved the change, which takes effect July 1.

"We were just looking at virtually every option and trying to decide what was absolutely urgent now," said Republican Sen. Kent Lambert, a member of the budget-writing Joint Budget Committee. "I think 99 percent of it was completely economic."

The matter of circumcisions has gotten contentious in California, where San Francisco will be the first city to hold a public vote in November on whether to ban the practice.

Jewish and Muslim families are challenging that proposal in court, claiming it violates their right to practice their religion and decide what's best for their children. Supporters of the ballot initiative say male circumcision is a form of genital mutilation that parents should not be able to force on their children.

Matthew Hess, the president of the group behind the San Francisco proposal, called the Male Genital Mutilation Bill, applauded Colorado's move and said he hopes it will lead to a drop in the circumcision rate.

"That's a good thing, because paying someone to amputate a healthy functional body part from an unconsenting minor is not just a waste of taxpayer money � it's also a violation of human rights," he said.

South Carolina is one of the most recent states to eliminate Medicaid payments for circumcisions amid budget concerns. The change, which went into effect in February, was expected to save the state about $114,800 a year. States that also no longer fund circumcisions through Medicaid include Arizona, California, Florida, Maine and Louisiana.

Scott Levin, the regional director of the Mountain States office of the Anti-Defamation League, said Jews are unlikely to be affected by the defunding of Medicaid payments for circumcisions. For them, the procedure is not performed by a hospital physician, but a mohel � a specialist trained in Jewish ritual circumcision.

Levin said his group is more concerned about places like San Francisco that are trying to ban the procedure because Jewish people see the ritual as one of their religion's most sacred.

The World Health Organization reported that circumcisions are one of the most common procedures performed on newborn males in the United States, but the practice is not as common in the rest of the world. About 75 percent of baby boys in the U.S. are circumcised, compared to 30 percent elsewhere, the organization said. The figures refer to non-religious circumcisions.

Joanne Zahora, spokeswoman for the Colorado Department of Health Care Policy and Financing, which administers health care programs for low-income families, said the research her organization has seen shows that circumcisions are not medically necessary.

But the procedure retains its supporters. Although the topic never became heated during the Colorado budgetary debate, some lawmakers spoke in favor of keeping the Medicaid funding. Among them was Democratic Sen. Irene Aguilar, a primary care doctor at Denver Health.

"It's really a pretty inexpensive procedure to perform, and so it's just a little penny-wise and dollar-poor," she said.

Aguilar argued that circumcisions reduce the rates of urinary tract infections, penile cancer, and also lower the rates of cervical cancer for men's sexual partners. She also said she worried that doing away with funding for circumcisions would be discriminatory for Jewish and Muslim people on Medicaid.

Lambert, from Colorado's JBC, said the topic is sensitive for most, but the question lawmakers faced really was whether the government has the money to pay for the procedure.

"I think the general answer was no," Lambert said.

___

Associated Press writer Colleen Slevin contributed to this report.

___

Ivan Moreno can be reached at: http://www.twitter.com/ivanmoreno_colo



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