Ten Years of the Tobacco Control Act in New York City.

This article describes the impact of the 2009 Family Smoking and Prevention Tobacco Control Act (TCA) on local tobacco control through the lens of New York City's experience during the first 10 years after the TCA was enacted, highlighting one meaningful change and an opportunity that has failed to materialize. Much of the analysis regarding the TCA highlights the U.S. Food and Drug Administration's (FDA) new powers and the TCA's impact on a national level. However, the TCA also opened up opportunities for local governments to pursue sound tobacco control policies that previously seemed fraught with high legal risk. This article focuses on two aspects of the TCA. First, the TCA weakened one of the tobacco industry's most reliable litigation weapons-preemption. Second, the TCA authorized the FDA to combat the illicit trade of tobacco products. Despite clear language in the TCA, the FDA has not signaled an inclination to take action regarding illicit trade in the context of tobacco tax evasion.

'Both Sides of the Argument'? A critical review of existing evidence on the illicit trade in tobacco products in Canada.

INTRODUCTION: The illicit trade in tobacco products (ITTP) is widely recognised as a substantial and complex problem in Canada. However, the independence of available data and quality of analyses remains unknown. Reliable and accurate data on the scale and causes of the problem are needed to inform effective policy responses. METHODS: We searched the scholarly and grey literature using keywords related to ITTP in Canada. We identified 26 studies published in English since 2008 that present original research drawing on primary data. We analysed these studies for their independence from the tobacco industry, methodology, findings and gaps in knowledge. RESULTS: The study finds 42% of the literature reviewed has links to the tobacco industry. These studies provide insufficient methodological detail, present higher estimates of the volume of ITTP and attribute the causes to higher rates of tobacco taxation. The classification of all indigenous tobacco sales as illicit, by both industry linked and independent studies, contributes to overestimates and serves the interests of transnational tobacco companies. There is need for independent and comprehensive data on the ITTP in Canada over time, across population groups and geographies. CONCLUSION: While there is evidence that the ITTP in Canada is a major and complex issue that requires effective tobacco control policies, there is a limited evidence base on which to develop such responses. This review finds industry-linked studies lack independence, employ biased methodologies and serve tobacco industry interests. Independent studies present more rigorous approaches, but primarily focus on youth and the province of Ontario.

Memoranda of understanding: a tobacco industry strategy to undermine illicit tobacco trade policies.

OBJECTIVE: Analyse the transnational tobacco companies' (TTCs) memoranda of understanding (MoUs) on illicit trade and how they could undermine the WHO Framework Convention on Tobacco Control (FCTC) and the Protocol to Eliminate Illicit Trade in Tobacco Products (Protocol). METHODS: Review of tobacco industry documents and websites, reports, news and media items using standard snowball search methods. RESULTS: Facing increasing pressure from governments and the FCTC to address illicit tobacco trade during the late 1990s, TTCs entered into voluntary partnerships embodied in MoUs with governments' law enforcement and customs agencies. One of the earliest known MoUs was between Philip Morris International and Italy in 1999. TTCs agreed among themselves to establish MoUs individually but use the Italian MoU as a basis to establish similar connections with other governments to pre-empt more stringent regulation of illicit trade. TTCs report to have signed over 100 MoUs since 1999, and promote them on their websites, in Corporate Social Responsibility reports and in the media as important partnerships to combat illicit tobacco trade. There is no evidence to support TTCs' claims that these MoUs reduce illicit trade. The terms of these MoUs are rarely made public. MoUs are non-transparent partnerships between government agencies and TTCs, violating FCTC Article 5.3 and the Protocol. MoUs are not legally binding so do not create an accountability system or penalties for non-compliance, rendering them ineffective at controlling illicit trade. CONCLUSION: Governments should reject TTC partnerships through MoUs and instead ratify and implement the FCTC and the Protocol to effectively address illicit trade in tobacco products.

¿Medicalizar al delincuente o hacer del loco un criminal?: Prácticas de alienismo y medicina legal en Colombia a comienzos del siglo XX / Medicalizing delinquents or turning the mad into criminals?: Practices of alienation and legal medicine in Colombia in the early the 20th century

RESUMEN Este artículo analiza algunas asociaciones médico-jurídicas entre locura y criminalidad en el departamento de Antioquia (Colombia), en las primeras tres décadas del siglo XX. El análisis se orientó por dos ejes imbricados: el de los discursos y el de las prácticas. Se examinaron las ideas de cuatro médicos, planteadas entre 1917 y 1925, para identificar los debates teóricos desde los cuales se delimitaban y definían las enfermedades mentales en casos judiciales. La puesta en escena del saber de los peritos y su lugar como expertos se analizaron en un caso judicial, que inició en 1921, y en cuyo desarrollo afloraron las confrontaciones teóricas entre los médicos que debatieron sobre la posible locura del acusado.

ABSTRACT This article analyzes medical-legal associations between madness and criminality in department of Antioquia (Colombia) during the three first decades of 20th century. The analysis was oriented by two overlapping axes: discourses and practices. The ideas of four doctors, generated between 1917 and 1925, were examined in order to identify the theoretical debates that delimited and defined mental illnesses in legal cases. The use of qualified knowledge and their place as experts were analyzed in a judicial case, initiated in 1921, in which theoretical confrontations surfaced among the doctors that debated the possible insanity of the defendant.

Expressões da sexualidade e de gênero na injunção crime-loucura: engendramentos moralizantes no tratamento do paciente judiciário / Expressions of sexuality and gender at the interface between crime and madness: moralizing conceptions in the treatment of the "criminally insane" patient / Expresiones de sexualidad y género en procedimientos judiciales relacionados con casos de crimen-locura: sentencias moralizadoras en el trato a pacientes judiciales

Este artigo tem por objetivo analisar a forma como as expressões da sexualidade e de gênero emergem nos trâmites judiciais que definem os destinos dos sujeitos na injunção crime-loucura. Para isso, explora os processos penais referentes às pessoas em sofrimento mental que cometeram crimes, os chamados pacientes judiciários, que recebem uma medida de segurança. Utilizando-se da genealogia como aporte metodológico, adentra-se nas condições de proveniência e de emergência do "anormal", figura produzida e esquadrinhada pelo discurso médico-jurídico. Foram analisadas seis peças judiciais, focando principalmente os laudos psiquiátricos de pessoas não heterossexuais e/ou não cisgêneras que receberam uma medida de segurança. A análise do córpus indica que a base teórico-conceitual na qual se sustentam os pressupostos da medida de segurança se concentra no laudo psiquiátrico. A análise do discurso médico-jurídico aponta para uma valoração moral das expressões da sexualidade e de gênero do paciente judiciário considerado "desviante". Por fim, sinalizam-se alternativas de produção de novos modelos de tratamento para o paciente judiciário, que buscam superar a ficção da presunção de periculosidade como base pretensamente científica, revisando a inimputabilidade como dispositivo jurídico que viola direitos inalienáveis dos sujeitos na injunção crime-loucura.

This article aims to analyze how expressions of sexuality and gender emerge in the legal proceedings that determine the fate of individuals at the interface between crime and madness. The text explores the criminal proceedings against persons in mental distress that have committed crimes, or so-called "criminally insane" patients, and who are subject to security measures. Using genealogy as the methodological approach, the article analyzes the conditions underlying the source and emergence of the "abnormal", a figure produced and scrutinized by forensic medical discourse. Six court briefs were analyzed, focusing especially on the psychiatric reports pertaining to non-heterosexual and/or non-cisgender persons that were subjected to security measures. Analysis of the textual corpus indicates that the theoretical and conceptual basis for the assumptions in the security measures focuses on the forensic psychiatric report. The analysis of the forensic medical discourse points to a moral judgment of the expressions of sexuality and gender in the criminally insane patient, considered "deviant". Finally, the article signals alternatives for the production of new treatment modalities for the criminally insane patient, seeking to supplant the presumption of danger to society as a purportedly scientific concept, reviewing non-imputability as a legal device that violates the inalienable rights of individuals at the interface between crime and madness.

El objetivo de este trabajo ha sido analizar la forma en la que surgen expresiones de sexualidad y género en procedimientos judiciales, que definen las sentencias a sujetos durante los trámites judiciales relacionados con casos de crimen-locura. Para tal fin, investiga procesos penales en relación con personas que padecen enfermedades mentales y que cometieron crímenes, denominados pacientes judiciales, a quienes se les otorgan medidas de seguridad. Utilizando la genealogía como aporte metodológico, se adentra en las condiciones de procedencia y emergencia de lo "anormal", figura creada y escudriñada dentro del discurso médico-jurídico. Se analizaron seis autos judiciales, centrándose principalmente en los dictámenes psiquiátricos de personas no heterosexuales y/o no cisgénero, a quienes se les otorgó medidas de seguridad. El análisis del corpus indica que la base teórico-conceptual, en la que se basan los presupuestos de las medidas de seguridad, se concentra en el dictamen psiquiátrico. El análisis del discurso médico-jurídico apunta a una valoración moral de las expresiones de la sexualidad y de género del paciente judicial, considerado como "desviado". Finalmente, se señalan alternativas para la producción de nuevos modelos de tratamiento en el caso del paciente judicial, que buscan superar la ficción de la presunción de peligrosidad, como base presuntamente científica, revisando la inimputabilidad como dispositivo jurídico que viola derechos inalienables de los individuos en los procedimientos judiciales relacionados con casos de crimen-locura.

Comment on the Central Drug Authority's position statement on cannabis.

The Central Drug Authority's 'Position statement on cannabis' in this issue of SAMJ is a welcome, if somewhat belated, article that gives an indication of the South African government's response to the shifting sands of local and international public opinion and global drug policies. This editorial comments on the statement.

Position statement on cannabis.

There is an ongoing national debate around cannabis policy. This brief position statement by the Executive Committee of the Central Drug Authorityoutlines some of the factors that have contributed to this debate, delineates reduction strategies, summarises the harms and benefits ofmarijuana, and provides recommendations. These recommendations emphasise an integrated and evidence-based approach, the need forresources to implement harm reduction strategies against continued and chronic use of alcohol and cannabis, and the potential value of afocus on decriminalisation rather than the legalisation of cannabis.

Assessment of the European Union's illicit trade agreements with the four major Transnational Tobacco Companies.

To address the illicit cigarette trade, the European Union (EU) has signed agreements with the four major Transnational Tobacco Companies (TTCs) that involve establishing extensive systems of cooperation. All agreements foresee two types of payments: annual payments (totalling US$ 1.9 billion over 20 years) and supplementary seizure payments, equivalent to 100% of the evaded taxes in the event of seizures of their products. While limited by the fundamental lack of transparency in this area, our analysis suggests that these agreements have served largely to secure the TTCs' interests and are threatening progress in tobacco control. The seizure payments are paltry and a wholly inadequate deterrent to TTC involvement in illicit trade. Despite the agreements, growing evidence indicates the TTCs remain involved in the illicit trade or are at best failing to secure their supply chains as required by the agreements. The intention of the seizure-based payments to deter the tobacco industry from further involvement in the illicit cigarette trade has failed because the agreements contain too many loopholes that provide TTCs with both the incentive and opportunity to classify seized cigarettes as counterfeit. In addition, the shifting nature of cigarette smuggling from larger to smaller consignments often results in seizures that are too small to qualify for the payments. Consequently, the seizure payments represent a tiny fraction of the revenue lost from cigarette smuggling, between 2004 and 2012, 0.08% of the estimated losses due to illicit cigarette trade in the EU. Our evidence suggests the EU should end these agreements.

Corruption in health-care systems and its effect on cancer care in Africa.

At the government, hospital, and health-care provider level, corruption plays a major role in health-care systems in Africa. The returns on health investments of international financial institutions, health organisations, and donors might be very low when mismanagement and dysfunctional structures of health-care systems are not addressed. More funding might even aggravate corruption. We discuss corruption and its effects on cancer care within the African health-care system in a sociocultural context. The contribution of high-income countries in stimulating corruption is also described. Corrupt African governments cannot be expected to take the initiative to eradicate corruption. Therefore, international financial institutions, health organisations, and financial donors should use their power to demand policy reforms of health-care systems in Africa troubled by the issue of corruption. These modifications will ameliorate the access and quality of cancer care for patients across the continent, and ultimately improve the outcome of health care to all patients.

Drug policy reform and the reclassification of cannabis in England and Wales: A cautionary tale.

When the legal classification of cannabis was downgraded in 2004 it represented the most significant liberalisation of British drug law in more than 30 years. Paradoxically, however, this apparently progressive reform led to an intensification of police efforts targeting minor possession offences and its failure was confirmed in January 2009 when the decision to downgrade cannabis was reversed. This article documents the impact that reclassification had on law enforcement activities and seeks to explain why it failed to deliver a more progressive approach. Drawing on official statistics, the analysis charts the process of net-widening that followed the reform, identifying a sharp increase in the number of people caught in the criminal justice net for minor possession offences. While police targeting of such offences was an unintended consequence of performance targets, broader political influences were also at play. The contradictions and reversals involved in the reclassification of cannabis, it is argued, can be readily understood in terms of the broader politics of crime and control and the 'structured ambivalence' of state responses.

Tobacco tax and the illicit trade in tobacco products in New Zealand.

OBJECTIVES: To estimate the size of illegal tobacco trade and consumption and assess the impact of tobacco tax on the illicit tobacco market in New Zealand (NZ). METHODS: Data on the import and seizure of legal and illegal tobacco in NZ was obtained from NZ Customs. Previous literature was used to calculate interception rates of illegal tobacco being smuggled and grown in NZ. Annual tobacco returns figures, obtained via the NZ Ministry of Health, were analysed to assess the market dynamics of legal tobacco products. RESULTS: This study found that illicit tobacco constituted 1.8-3.9% of total national tobacco consumption in NZ in 2013. This represents a minor increase compared to previous estimates from 2007-09, suggesting that tax increases enacted by the NZ Government since 2010 have had a minimal impact on encouraging the use and procurement of illicit tobacco. CONCLUSIONS: The results highlight a slight rise in small-scale tobacco smuggling through ports and mail centres. However, tobacco returns figures show that current tobacco tax policy has forced manufacturers to focus on the production of cheap legal tobacco products, directly competing with and undercutting the demand for illicit tobacco products. At the same time, locally grown illicit tobacco continues to remain a small, isolated problem and, with recent cuts in duty free tobacco allowance, it is expected that overall illicit tobacco will remain a very small proportion of total tobacco consumption in NZ.

After counterfeit Avastin®--what have we learned and what can be done?

Three years have passed since the FDA announced that it had detected counterfeit versions of the injectable anticancer drug bevacizumab (Avastin(®), Genentech, USA) in the US drug-supply chain. Following this discovery, almost 1,000 FDA warning letters were sent to physicians and medical practices in 48 different states and two US territories, as more batches of counterfeit Avastin were uncovered. In response, criminal prosecutions have been pursued against certain distributors and clinicians, and other individuals who trafficked, sold, purchased, and/or administered an unsafe and ineffective treatment while also defrauding the government. Although limited and targeted legal action has been taken, patients potentially affected by this seminal patient safety event have not been appropriately identified. Hence, despite the clear and documented patient-safety and public-health risks posed by the transnational criminal trade in counterfeit medicines, the case study of counterfeit bevacizumab detection in the USA demonstrates the continued lack of information, knowledge, and solutions that would be necessary to protect those who are most affected--the patients. In response, we call for greater investment in multisector, multistakeholder strategies to enhance surveillance for counterfeit medicines and enable improvements in communication of risk information, to better protect patients with cancer.

Trends in use of marijuana and attitudes toward marijuana among youth before and after decriminalization: the case of California 2007-2013.

BACKGROUND: This analysis examines decriminalization as a risk factor for future increases in youth marijuana acceptance and use. Specifically, we examine marijuana-related behaviors and attitudes of 8th, 10th, and 12th graders in California as compared to other U.S. states during the years before and after California passed legislation in 2010 to decriminalize marijuana. METHODS: Data come from Monitoring the Future, an annual, nationally representative survey of 8th, 10th, and 12th grade students. RESULTS: In 2012 and afterwards California 12th graders as compared to their peers in other states became (a) 25% more likely to have used marijuana in the past 30 days, (b) 20% less likely to perceive regular marijuana use as a great health risk, (c) 20% less likely to strongly disapprove of regular marijuana use, and (d) about 60% more likely to expect to be using marijuana five years in the future. Analysis of 10th graders raises the possibility that the findings among 12th graders may reflect a cohort effect that was set into place two years earlier. CONCLUSION: These results provide empirical evidence to support concerns that decriminalization may be a risk factor for future increases in youth marijuana use and acceptance.