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.
Document Images
IV. REFUTING FALSE CLAIMS
Although there is no convincing proof to date to show that other
people=s cigarette smoke causes disease in nonsmokers, a number of false
allegations bearing on this subject have been widely publisbed. Some of the
more common claims are listed below accompanied bY the facts':
Claim: Smoking causes chronic deqenerative diseases in nondmokers.
Fact : There is no scientific basis for such claims. An American Cancer
Society epidemiologic'al study in 1976 found no proof that nonsmokers
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constantly exposed to tobacco smoke have Increased risk of lung cancer.
Claim: Atmospheric tobacco smoke causes or contdb~e~ to the development
of ~therosc;:. :osls (a disease characterized by~ lnelastlclt~_a~., thickening
of arterial vessel walls) ,i..n nonsmokers~ as a result of carbon monoxide,
Fact : Studies conducted onanimals .chronically exposed to carbon monoxide
compared with a;~ima]s not so exposed showed that these animals had
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arterial changes which duplicated early atherosc]erosls. However,
these tests ignored observations in human t~ridge and tunnel workers
which showed that those persons 0 also chronically exposed to carbon
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mono~de did .n~. have any increased incidence of atherosclerosis.
The original experimenter, P. Astrup, has admitte.d that he is unable to
reproduce his previous experiment and thst his "present ~tudy suggests
-]0-

that applying the oenera]Jy accepted crJtnrla for |nI|mal (membrane
or ]inlno of an organ) damaQe, no direct toxic effect of CO can be
demonstrated," 25
Claim: Par~[a] ~'~o~ln~ cause~"~irato~ Illness
Foct : A Qroup o~ researchers studJed respJrato~ s~mptoms~ diseases and
lung fun~on In 376 ~amllles with 816 children In three towns
"~ound no s~Qnlftcant reJatdon between parental smoking and resplrato~
s~mptoms or ]unu function. In their children," T~e~ concl~ed:"~hat
exposure to low Jeve}s o~ smoke pr~uced b~ clga~tte smokers does
not result in c~onlc re~pirato~ symptoms or loss of lu~ function among ...
children or among adults
Another recent clinical study confirms the same f~d~gs. The study
determined that:'Smoking and nonsmoklng parents have abc~ the-same
propo~ion of children with resplratow symptoms. ~he nu~er of
cigarettes smoked by the parents has no influence ~ ~sp~tory
symptoms ~ their chil~n..."
Claim: Cigarette Smoke causes resptrato~ a~le~ies.
Fa~ : Claims ab~t tobacco alle~y stem p~marllY from the man~ st~les In
• • which e~ra~ from tobacco leaf has been tested a~ fo~d to cause alle~lc
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response In people who are otherwise a~e~ic. However, these tobacco
leaf e~ract st~les do not resolve the.issue, and despite.the claims
of one, others-are unable to identify any alle~ens in tobacco smoke. 29 '
work is still being done In this area.

Claim; Asthmatics are believed to be particularly vulnerable to tobacco smoke.
Tact ; A recent studl? failed to find any significant changes in the lung function
of asthmatics who had been exposed to cigarette smoke in a small test
chamber. 30

.V, CARSON MONOXIDE AND OTHER ENVIRONMENTAL FACTORS
Some nonsmokers have expressed concern over the presence of
tobacco smoke in the atmosphere. "
Studies measuring tobacco smoke constituents in the atmosphere
under realistic conditions have not found levels sufficiently high to Justify'
such concern.. The level set by the UoS o Occupational Safety and H.ealth
Administration (OSHA) as the limit for Industrial exposure over an eight hour
• " period Is 50 parts .per million (ppm)o The combined results of studies on the
amount of carbon monoxide in the atmosp.here fi'om Smoking indicate that, under
realistic conditions, carbon monoxide in the .~tmosph.ere from .smoking will
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l-tire1), exceed 10 ppm.
One exception was reported in a study of a sports arena whioh
permitted smoking but was not air conditioned, causing the carbon monoxide
level to reach 25 ppm.32Other exceptions were studies performed in taverns
33
and nightclubs where carbon monoxide levels as high as 42 ppm were recorded.
However, ~hese studies were conducted with an instrument that is known to
exaggerate the. level of carbon monoxide in the presence of alcohol vapors.
Combined results of studies of COHb*levels In smokers and in non-
smokers exposed to tobacco smoke indicate that,under realistic conditions, .
smokers will rarely experience COHb levels greater that. ten percent and that
nonsmokers usually will not exceed two to three percent. And~ even these
relatively low levels of COHb will drop within a few hours after the cessation
.34
of exposure to smoke
*the combination formed by carbon monoxide and red blo~ pigment

Some nol~smokors also complain about the alleged buildup of
carbon monoxide in offices ~:nd other placos where smoking Is allowed. Yet,
one recent study showed that the COllb levels o! office workers were higher
when they came to work than when they left at the end of the day, ev~,n though
they were exposed to cigarette smoke throughout the day.35Clearly, the real
concern should be for th~ outdoor levels of carbon monoxide from car exhaust
and other sources to which nonsmokers are exposed on their way to work.
No one has ever established that the health of nonsmokers is
adversely affected by even the smag amount of ~rbon monoxide that might be
in the atmosphere due to cigarette smoke. CO is a natural b~y constituent which
Is present in the blo~ without any exposure to CO In the atmosphere, and the
b~y can a~ d~s eliminate CO by various means. Persons with CO~ levels
of 15 percent or less rarely even suffer any of the first symptoms of CO
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difficulties such as.headaches a~ nausea.
A claim frequently made about 3):pcsure to low levels of CO Is tha~
it affects ce~ain perfo~ances, such as the ability to distinguish ~tween
sho~ ~te~als of time or to solve mathematical problems~ B~ them Is still
scientific disagreement about whether such performances are alleged by COHb
measurements In the neighborho~ of ten percent or less. Some studies
indicate .that these levels of CO will affect such performance,3~hlle other
38
studies do not ~o indicate. This area requires additional research.
It also has been alleged that persons with severely compromised
cardiovascular systems are ~dversely affected by environmental tobacco smoke,

especially, carbon monoxide.
This belief stems largely from Aronow's studies of angina patients
In which he used "pure" carbon monoxide, as well as tobacco smoke, to
elevate their COHb levels. He found that a certain COHb level obtained by
exposure to "pure" carbon monoxide caused certain changes in cardiac funotion~
but that the same COHb level obtained from tobacco smoking did not result in
39
such changes.
While the reasons for these differences in cardiovascular function are
as yet unknown, the author suggested that it might be due to "nicotine which
antagonizes the negative inotroplc effect of carbon monoxide. "4~v~rhatever the
reason for these findings, this study is not conclusive. This Is another area
where further research is'needed.
Studies of other tobacco smoke constituents Indicate that smoke's
41
contribution to atmospheric levels of ~hese compounds ts minimal. Such
studies are usually conducted as the result of a claim about the danger of
exposure to some compound attributable to tobacco smoke. One such study
of "volatile" organic-compounds, recently concluded that the amount of such
compounds added to the atmosphere as a result of cigarette smoking is
42
"insignificant."
As to nicotine, research shows that low a.tmospherlc levels result
from cigarette smoke.43No one has suggested that the minuscule amount of
nicotine that might be absorbed by a nonsmoker has any:hing todo with the
production of human disease. In fact, a recent study monitoring heart rates

of nonsmokers exposed to cigarette smoke under laboratory, conditions
~ r
concluded that the amount of nicotine Inhaled by nonsmokers under their
i:
rigorous test conditions was too small to alter heart rate° 44

VI,, ,THE ANNOYANCE FACTOR
All of the foregoing establishes, in our Judgement, that there Is
no physiological basis for claiming that other people's smoke causes disease
'~" in:the nonsmoker,
Despite that fact, it Is ,~lear that cigarette smoke does annoy
some people. Tobacco smoke may "drift= into the eyes or nose of the
nonsmoker who may be annoyed by the smell~ In places that are poorly
,
ventilated, high concentrations with other environmental impingements may
cause eye or nasal irritation.
At least one scientist, Dr. Gary H,uber, .suggests that the odor
of smoke components "may tri.~ger emotJonal responses not yet we~ understood."
Support for this theory was found in e recent study in which college students
were first characterized as to their ettitudes concerning tobacco smoke and then
were exposed to such smoke.46The heart rates of those who "disliked" smoke
'! were much higher than those who were. =Indifferent" ~o smoke. There was no
way to determine from the data whether initially the "dislike" group had a higher
heart rate or whether the anticipation of sitting and Inhaling the "disliked"
cigarette smoke caused an increased heart rate.
.. Yet some studies suggest that the vast majority of ~okers and
nonsmohar-'-" ;=re not usually annoyed.by public smoking. For example, a recent
U.S. survey conducted by Response Analysis in Princeton,
people were asked about the kinds of things that annoyed or Irritated them in

their everyday lives, only about two percent of the ~nnoyances mentioned
were related to smoklng.47And, 91 percent of those In the survey didn't
even mention smoking. 48
The American Express Company found little interest In nonsmoklng
travel tours,4~nd e Seattle, Washington, reStaurant reported that there were
only seven requests for seating in the nonsmoklng section during a .three-month
50
period when they' served 30,000 customers.
All of this suggests that the Issue of other people's smoking really
falls into the category of annoyances -- akin to other everyday annoyances,
such as barking dogs, loud music, personol eating habits, etc.
Smoking Is like any other habit or practice with the potential of
annoying others. In our society, such annoyances are alleviated through the
traditional rules of common courtesy. The "second hand" smoking problem
addressed In this paper would surely begin to disappear if smokers were more
sensitive to the feelings of nonsmokers and practiced simple rules of courtesy
in dealing with the problem.
One fact Is clear: Although atmospheric tobacco smoke may be
annoying to some people, It has not been proven to cause disease in nonsmokers.
# # # #

REFERENCES
1. U.S. Dept. of Transportation, Federal Aviation Administration, U.S.
Dept. of Health, Education, and Welfare• National Institute for
Occupational Safety and Health• Health aspects of smoking in transport
a-'rcraft Rockville, Md AD 736097, December 1971. 85 pp.
2. Department of Transportation, Federal Aviation Administration, Reg.
Docket No. 15614, In the Matter of the Petition of the Airline Pilot's
Committee of 1976, The Public Health Citizen's Health Research Grcup,
and the Aviation Consumer Action Project, Decided August 22, 1977.
3. U'S. Interstate Commerce Commission. Smoking by passengers and
operating personnel on interstate buses. Washington, D.C. No. MC-
C-6748, Motor Carrier Cases, 114: 256-278; November 17, 1971.
4. Schlevelbeln, H. "On the question Of the effect of tobacco smoke on the
morbidity of non-smokers." Internist 14 (5): 236-243; 1973,
5. Corn, M., et al. Workshop summary and recommendations. Report from
a workshop on Environmental Tobacco Smoke Effects on the Non-Smoker~
Bermuda, March 27-29, 1.o74. Scand. ]; Resp. Dis,. Suppl. 91: 88-90~
1974. .
6. Valentin, H. In: Passive Smoklnq at the Workplace. Reports and discussions
from a meeting of.the Bavarian Academy of Industrial and Social Medicine,
March 31-April ], 1977, p. 24.
7. Schilling, R.S.F., Letal, A.D., Hut, S.L., Beck, G.J., Schoenberg,
J.B., Bouhuys, A. "Lung function, respiratory disease and smoking in
families." .Am. ~. Epidemiol. 106 (4): 274-283~ 1977.
8. Avlado, D. M., Statement before the Public Hearing before the Council
of the District of Columbia Committee on Transportation and Environmental
Affairs, pp. 1-6, April 27, ]976.
9. Booker, Walter M., Statement Before the New Jersey Public Health Council,
Trenton, N.J., October 20, 1977•
I0. Dr. Edwin R. Fisher, Professor of Patholo2y, University of Pittsburgh,
in a Statement Bdore the New Jersey PubIlc Health Council, Trenton,
N.J., October 20, 1977.
