Bliley RJReynolds
Draft Report Concerning Smoking and Health Issues Prepared by RJR Consultant Performing Work on Behalf of the Legal Department to RJR in-House Legal Counsel, Copied to RJR in-House Legal Counsel, RJR Employees, RJR Managerial Employees Providing Confidential Information to Assist in the Rendering of Legal Advice in Connection with Ongoing Litigation.
Fields
- Author
- Edelman, D.J.
- Recipient
- Crohn, Max H., Jr. (RJR Attorney, General Counsel, CTR Director)Max H. Crohn Jr. was the former General Counsel for R.J. Reynolds and he worked for Jacob, Medinger & Finnegan.
- Copied
- Peterson, J.R.
- Sustana, R.
- Durden, D.
- Christopher, F.H. Jr
- Sustana, R.
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I, THE ISSUE
Does other people's smoke cause disoase in nonsmokers?
Is the presence of tobacco smoke in the atmosphere cause for
a larm ?
In the continuing national dialogue on the various issues raised
: cigarette s'mokin.g~ .these q'uestions have now come to the forefront~ " " •
It has been called the issue of "second hand smoke', "public" or
"involuntary" smoking.
Unfortunately, as with most controversial scientific:issues, there
hasbeen a great deal of mtslnform~tlo~ and dnsubstantla~ed allegations.m~de "
about the effect of other people's smoke on nonsmokers. "
Because of this misinformation, a maJorl'ty of both smokers and
nonsmokers have come to believe erroneously that there is proof that second
hand smoke is dangerous to the nonsmoker. This perception is apparently the
underlying basis for widespread efforts to prohibit smoking in public
• The fact.ls~. To date, dtl~er peopld'ssmo~e has not b~enshb~vnt~ "
cause dis'ease In nonsmokers.
Because we believe that public policy should be debated and
det~rmined
on the basis of proven facts, rather than false perceptions., we have prepared
this document summarizing ~vhat Is known at thl~ tlme on the question of Second
hand smoke.

II, Wi.IAT ARC T//C FACTS ?
Numerous scientists, physicians, government officials and heMth expert~
have studied the effect of environmental smoke on nonsmokers. None of these
studies have been able to prove that other people's smoke causes disease in
nonsmokers. ...... .
• A Joint stud~, conducted In 1971 by the Federal Aviation Administration. (FAA)
the U.S. Depa~ment of He~lth~ ~u~tfon and Welfare (HE~ ond the National
Institute of Occupational Safety a~ Heolth (NIOSH) examfn~ the health aspens
of smoking on p~ssenger aircra~. The repo~ of th~s study stated: ~ ... ~it Is
concluded that inhalation of the by-pr~u~s from t~acco smoke generated as
~ result of p~ssengers smoking ab~ commercial ~ircra~ d.~s not represent a
significant health haza~ ~o non-smok~g passengers. "l
~ In 1977, a~er studying ~ propos~ rule on prohlbitin9 airline pilots from
~moking In the cockpit of commercial planes, the F~ stated: " .... with
respect
to the a~eged deleterious effe~s of ~rbon mono~de upon the pe~ormance of
~mokfng pilot, the F~ believes that the lnfo~ation presented Is too ~conclusive
to warran~ the I~suance of the requested rule at this time. ~ 2
~ The U.S. Interstate Commerce Commission (ICC), In a 1971
upholding the righ~ ~o smoke on interstate buses, stated: "We agree with the
exam~er~s co~clusfons that petitioner has failed adequately to den~onst~ate the
.3
d~leterlous effe~s of second-hand smoke upon the health of motorbus passengers.

O Professor Doctor Schievelbeine currently Director of the Institute
fcr Clinical Medicine of the German l~eart Center in Munichs concluded in
1973 in an article published in the medical Journal, Internist, that: "No
proof of a th,.'eat to the health of nonsmokers through epassive smoking~ can
be found in ¢~l.ziies availabte to dat,~." 4
O In 1974 ~ Dr. R. Rylandet:, the Danish medical researchet~, and other
leading medical experts organized a workshop in Geneva, attended by scientists
from all over the world, to consider the health consequences of atmospheria
tobacco smoke° .They concluded: "For the majority of the population the
average exposure burden due to environmental tobacco smoke is probab.ly' much
lower than that due to industrialair pollutants and in many cases also
environmental air pollution or tl-.e lung burden due to dust clouds or other'
.5
it.door a~r pollutants.
O ~he Bavarian Academ~, of Indh'strial and Social Medlcine sponsored
a symposium on smoking lnthe workplace in 1977 in Munich, attended by eminent
Get.mare scientlstss lavo, ers and government leaders. In a closing statement, the
symposiurn's chairman, Professor Doctor H. Valentin of the University of
Er]angen-Nurembur~, said: "In conclusion, with regard to medical and legal
facts of passive smoking at the work place, the following must be considered.
Under our p~esent day work place conditions, no clear and significant untoward
health effects from passive smoking have been shown." 6
N3N •
O

O R.S.F. Schilling and a group of co-researchers, thinking that
children of smoking parents might contract disease due to their close proximity
to smoking family members,, determined exactly the opposite after a study. In
]977, they reported in the American Journal of Epidemioloc~y: "We have found no
significant relation ~tWeen parents~ smoking and respi~to~ symptoms or lung
'
fun=ion Jn the~f ~ht]dren." They added: '~:~onclu~e tha~ exposure to 1~ "
. '
-- level~ of smoke pr~uced by cigarette Smokersdoek not result In chr~i~ ".
respiratow symptoms or loss of lung function among chlldmn nor Nmo~adults." 7

0 i'ro[e.~or Doctor '~;chlovuilJ~:Jn, currezztly Dlructor of the Institute
for Clinico] Medicine of the German llcart Cuntur In Mmllch, concluded In
1973 in an article published in the mudica] Journal,.Intornls._~t ,'that:
proof of a threat to the health of nonsmokers through 'passive smoking' can
be found in studies available to date," 4
O In 1974, Dr, R. Rylunder, the Danish medical researcher, and other
lea~ing medical expects organized a workshop in Geneva,.attended ~by ~c!enti.sts
from all over the w.or~d, to co.nsidor ,the. health consequences of atmospheric
tobacco smoke, They concluded: • "For the maJor.ity of the population the
average exposure burden due to environmental tobacco smoke is probably much
lower than that due to industrial air pollutants and in many cases also
ereironme~zal air pollutiot~ or t},e lung burden due to dust clouds or other
indoor" ~ir pollutants." 5
0 The Bavarian Academy' of Industrial and Social Medicine sponsored
a symposium on smoking ln the workplace In 1977 in Munich, attended by' eminent
German scientist-~, lawyers and government leaders. In a closing statement, the
symposlum~s -chairman, Professor Doctor H o Valentln of the University of
r.rlangen-Nuremburg, said: "In conclusion, with regard to medical and legal
facts of passive smoking at the work place, the following must be considered.
Under our present day work place conditions, no clear and significant untoward
health effects from passive smoking have been shown." 6
--5--
U~

III. SUPPORTING OPINIONS
j'
Others who have studied the effects of smoking on nonsmokers
have confirmed these [tndings.
<) Dr. D .M. Avlado, Professor of Pharmacology for the University -
of Pennsylvania said, in a statement before the Council of the District of
Co]umbia Committee on Transportation and Environmental Affairsi~1976:
"On the basis of existing scientific evidence, tobacco smoke constitutes no
health hazard to nonsmokers in.public places." 8 ...
O In a statement In 1977 before the New Iersey Public Health Council,
Dr. Walter M. Booker, Emeritus Professor of Pharmacology of Howard University, .
said: "As a scientist, I am interested In actual data which demonstrate whether
a nonsmoker absorbs tobacco sm'oke and, if so, whether the amount Is sufficient
to cause adverse physJologJca] eHects. Theliterature sJmply does not support
the theory that a non~moker absorbs amounts which can cause harm."9 "
I~ Pathology l~rofess~r Dr. Edwin R. l~isher of the University
of Pittsburgh, appearing before the same New 1ersey ~roup Jn 1977 said; "My
careful review of the literature, confirming the conclusions based upon my own
ex'per'.mental data and the related work discussed above, reveals a lack of .
scientific information which would allow me to. conclude that atmosPheric.tobacco"
smoke or its constituents represent a health hazard tn nonsmokers." 10
-6-

(~ Writing In the San Francisco Examiner In I977, medical researcher
Dr. C.H. lithe said'. "The medical literature to date does not Indicate any
significant health risk to the nonsmoker from environmental tobacco smoke
normally encountered In day-to-day situations. ,,!!
(~ Appearing before the New 1ersey Public Health Council in 1977, Dr.
Charles L.. WaRe, Retired Rear Admiral of tl~e U.S. NavF Medical Service,
• Medlca! Director of the Tobacco Institute, and Fellow of the American College
of Physicians, made the fol~ow~.ng statem.ent: "Zn r~,F opinion, there Is no
convincing evidence to support the hazards claimed by some to the effect tl~t
cigarette smoke threatens the health of the average wel! nonsmoker. On the
basis of existing scientific evidence, ! can only conclude that tobacco smoke
constitutes no health hazard to nonsmokers In public places."12
O And0 in a 1976 German medical Journal (Zbl. Bakt. Hyg., Io .Abt. Orig.
162:51 2-69) Dr. W. Klosterkotter and Dr. E. Gono, of the Hospital of the
Unlversity of Essen, W. Germany, and two fellow Wes~ German doctors said,
fo]lowlng their research: "So far passive smoking has not proven to ba health-
hazardous in healthy adults. Thus an Important condition for a legal smoking
ban, e.go at places of work, remains unfilled. "13 .
OPPONENTS OF SMOKING AGREE
Even the most avowed critics of smoking acknowledge that smokln~
has not been establlsh.ed as a cause of disease tn nonsmokerso
Some of them include."
O The then U.S. Surgeon General, Jesse Stelnfeld, who stated after
issuing the 1972 Public Health Service Report on Smoking: "(I cannot) say with

certainty that exposure to tobacco smo|:t; can cause serious illness in
,, 14
nonsmokers.
O Dr. ~onathon Rhoades, Chairman of the National Cancer Advisory
Boards said In 1975 that to his knowledg~ "It is not, in feats actually harmful." 15
~ Dr. E. Cuy]er Hammond of the American Cancer Society said In 1975
that there "was no shred of evidence" that a nonsmoker can get cancer from
"second hand" smoke~ He added it=at to suggest second hand smoking cot~ld
cause cancer Is dishonest, and that he would be prepared to testify, to that in
court. 16
O The "Expert Group" appointed by' the British organization, Action
on Smoking and. Health (ASII), headed b~, Dr. Charles Fletcher of the British
Royal College of Physlcian!~, concluded In 1973 that: "There Is no evidence, that
other ~eop]e's smoke ts dangerous to healthy nonsmokers ..... = ]7
(~ American Cancer Society official Lawrence Garflnkel said In 1976:
" ..... (T)here is no evidence, however, that nonsmokers who are constantly
exposed to cigarette smoke have a higher Incidence of bronchial carcinoma o" 18
1t~ Great Britain% Foreign Minister Dr. David Owen, while serving as
Minister of Health In 1975 said: "No clear evidence has yet been published to
show that tobacco smoke Is harmful to rtormally healthy nonsmokers or that a.
heavily tobacco-smoke laden atmosphere has other than a transient e£fect.." ]9
O In a 1977 television appearance In V~rashlngton, D.C. on W3~OP-3~/
(CB9) Dr. Gto Gorl state~: "I would say that the evidence that we h~ve today,

scientific evidence, sornothlng that we can prove, or normal ~moklng
conditions that you may have a couple of people smoking in a regular size
room, the health effects connected with thai ore probably going to be minimal.''20
(~ Three spokesmen for the Naylor Dana Institute for Disease "
Prevention of the~mer~can Health Foundation, including Dr. ErnestLo Wynder,
~...;
concluded that: "Specifically, we know of no data :suggestihg : ~~: ~- ....
:~~; ~ "
that passive
lnhalattOn.og cigarette smoke increaseg:ih~"rlsk oi:de~loping lung'cancer:"
In addition, they" reported: "On the basis of available ~pideml¢~l¢~lc~l evidence,
it appears that passive inhalation of tobacco smokeby nonsmokers"or ~oket:s ....
does not increase their risk for chronic illnesses-such as cancerof the ....
respiratory ira bt, emphysema, or cardiovascular disease
