Tobacco retailers, smokers and their allies in the Oregon legislature are trying to block Measure 50, a voter initiative that would require an 84.5-cent cigarette tax increase to pay for children's health programs.

The Associated Press reported Aug. 29 that opponents of the measure have filed suit in Marion County, alleging that the November ballot initiative violates the state constitution. The lawsuit claims that the measure's separate taxes on cigarettes, cigars and smokeless tobacco amount to three unrelated changes to the state constitution, and that the ballot initiative is an unconstitutional bid to circumvent the legislature.

The lawsuit was filed by lawyer James Dumas, who has represented Philip Morris and took action on behalf of state Sen. Jeff Kruse (R-Roseberg) and an alliance of tobacco users and sellers called Stop the Measure 50 Tax, which also is funded by Philip Morris.

Cathy Kaufman, a spokeswoman for Healthy Kids Oregon, called the lawsuit "further proof that big tobacco will do anything, say anything and pay anything to protect their profits even if it is at the expense of Oregon's kids."