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Report on Public Smoking Issue Executive Committee 19850410 William Kloepfer, Jr. [Cbs Tape]

Date: 10 Apr 1985
Length: 15 pages
TI04820990-TI04821004
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Abstract

William Kloepfer (President of the Tobacco Institute) gives a combative portrayal of the industry's fight against public health. Kloepfer portrays public health advocates as "the invaders." States "Some of our retaliation is working" against workplace restrictions. States desire to "clone" Lew Solmon, who argued on the industry's behalf against the social costs theory of smoking. Describes efforts to "offset the onslaught of research we expect in the next 18-24 months from the antis." States "our objective is to contain and redefine the environmental smoke issue in order to decrease the pressure for safety measures. States, "we need to be candid with ourselves in recognizing that it will never be established that there are no effects" of secondhand tobacco smoke.

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The nonsmoker battle for smoke-free air -- more complicated than fire safety, more damaging than ad restrictions and ultimately a greater bottom-line threat than excises. A battle in a society that has conquered man's environment and in which, paradoxically, our fear of it is growing. The logical appeal of smoke-free air is irresistable to politicians, commentators, even some smokers. It is the most effective way to reduce smoking.

We are defending on two fronts--political regulation and private rulemaking. We are fighting legislation, we are confronting research by regulatory agencies...Indoor air quality is a buzz phrase in a dozen other agencies which we must monitor. Workplace restrictions grind on in their course. The focus is dangerously narrow: ambient smoke. Some of our retaliation is working. Some is in the pipeline. We have only begun, however, to take the decisions, make the commitments and exploit the opportunities that can win this battle over the basic social acceptability of smoking.

The invaders employ an offshore battery of scientific research findings and an air cover of socio-economic incentives. We seem to be trying to protect a population without a popular will to join the resistance.

On the other hand, the roadblocks we've thrown up and the skirmishes we've won are not without significance. Nearly two years ago, we laid out a plan to blunt the socio-economic attacks and we are solidifying that defense. If you were the owners or managers of some other business, it is likely...that smoking restrictions would seem to be a good idea for the reasons repeatedly put forth by the anti-smokers.

First, they argue, restrictions save money...To that we have developed effective rejoinders...

An immediate task for us is to tune up Lew Solmon's volume--indeed to clone him--following the excellent job he has done in countering Weis, in journals, in the public media, in meetings with business officials and in two legislative hearings...

...The anti-smokers' second argument is the right to breathe smoke-free air. A number of our initiatives have helped to neutralize its effect...

...We've helped labor find legal problems with smoking restriction edicts...

...The trend is toward restrictions. The bandwagon in not yet rolling down tobacco road. But at least we're slowing it down with these implementations of our plan. That is not yet the case with the other half of the issue: health. The anti-smokers have just one argument: cigarette smoke is dangerous. It's a physical assault. We say no one knows if cigarette smoke is dangerous to the smoker, much less to the nonsmoker. But, consider the popular perception. The Repaces and Lowreys, Whites and Froebs, Hirayamas, Trichopoulos's and countless other anti-smoker scientists have kept refueling the public's paradoxical fear of its environment, to the extent that seventy percent of nonsmokers and a majority of smokers now believe that ambient smoke is probably more hazardous and a no-smoking sign will restore health to the indoor air.

More reinforcements are on the way...

...If we still lack a star-wars capacity to explode the missiles before they hit, we are at least making some progress in defusing.

Company
Tobacco Institute
Author
Kloepfer, William J., Jr. (TI Public Affairs VP, c. 1988)
Senior Vice President of Public Affairs Relations for the Tobacco Institute
Recipient
Tobacco Institute Executive Committee
Region
United States
Litigation
DOJ Civil
Named Person
Kloepfer, William J., Jr. (TI Public Affairs VP, c. 1988)
Senior Vice President of Public Affairs Relations for the Tobacco Institute
Kristein
Mozingo, Roger L. (TI Lobbyist, Sr. VP, headed up state and local lobbying)
Involved in state and local level lobbying for the tobacco industry. Was a Vice President at TI, in the State Activities Division in the 1970's & 1980's, later went to RJR. Roger L. Mozingo was Vice President of State Government Relations for RJR in 1994. (Source: R. J. Reynolds Summary - RJR Liability Notebook)
Weis, William L. (Seattle University School of Business)
Expressed the idea that smoking employees cost employers more than nonsmokers
American Federation of Government Employees
Interbational Union Police Assn
Froeb, Herman F. M.D. (Secondhand smoke researcher, coauthor of article damaging to)
Co-Author of a 1980 journal article, Small airways and dysfunction in nonsmokers exposed chronically to tobacco smoke. N Engl J Med 1980;302:720–723., that concluded that secondhand smoke causes small-airways dysfunction in nonsmokers
American Society of Personnel Administrators
National Interagency Council Smoking Health
Ahmed
Hirayama, Takeshi, M.D., M.P.H. (Inst. of Preventive Oncology, Japan)
Produced a major study that linked secondhand smoke to an increased risk of lung cancer
Hoel, Donald K. (CTR Industry Research Committee & PM Attorney, Shook Hardy)
Donald Hoel was an attorney with Philip Morris' law firm Shook Hardy and Bacon (SHB). He served as a member of the CTR Industry Research Committee in 1978?. Hoel assisted in screening "apppropriate" projects to received CTR funding.
Peterson
Repace, James L., M.Sc. (Biophysicist; former EPA employee; ETS Expert)
Studies dynamics of secondhand tobacco smoke in public places
Solmon, Lewis (CTR special project researcher.)
The industry employed Solmon to publicly criticize claims that smokers cost employers more in absenteeism, cleaning, breaks, insurance, etc. than nonsmokers.
White, James R. (Co-author of a 1980 medical journal article about effect of)
Co-author with Herman Froeb of a 1980 New England Journal of Medicine article saying secondhand smoke exposure causes small airway dysfunction in nonsmokers. (Small airways and dysfunction in nonsmokers exposed chronically to tobacco smoke. N Engl J Med 1980;302:720–723.)
DiNardi, Salvatore R. 1 (CTR Special Projects, U of Mass., Health Sciences School)
Koop, C. Everett, M.D. (Surgeon General ('81-'89))
former US Surgeon General (1981-1989)
Lowrey, Alfred H. (Repace's coauthor on important secondhand smoke study)
research chemist in the Laboratory for the Structure of Matter at the Naval Research Laboratory.
Oberdoerster
Schwartz, Sorell L. Ph.D. (ETS Pharmacologist, Georgetown U., Industry Expert)
Sorell L. Schwartz, Ph.D. is a managing principal of the International Center for Toxicology and Medicine. He is a pharmacologist and toxicologist. , Dr. Schwartz was a full time member of the Georgetown University School of Medicine faculty from 1968 until 1998, where he served as Professor of Pharmacology and Director, Toxicology and Applied Pharmacokinetics program. Schwartz testified in the U.S. Department of Justice (DOJ) lawsuit against tobacco companies that he was pressured by the [[Tobacco Institute]] (TI) to "take a more advocative position" with regards to the industry's concerns of the health hazards of secondhand smoke exposure. Schwartz stated that he testified as an expert witness for the tobacco industry for three years, but quit in 1987, and that his consulting company, Center for Environmental Health and Human Toxicology, did research into secondhand smoke for the industry. Schwartz characterized his research on behalf of the industry as "first rate." [Heavey, S.; "US professor says pressured to be tobacco advocate," Reuters, October 26, 2004]
Oak Ridge Natl Lab
B. Young
Penn, S.T.
Pitt, S.T.
Sam
Trichopoulos, Dimitrios, Ph.D. (Cancer Epidemiologist, U of Athens Med. School)
best known for his seminal research linking passive or "second-hand" smoking to lung cancer
Sparber, Peter G. (TI Vice President)
Worked on combatting legislated and voluntary workplace smoking restrictions, a Tobacco Institute program to attack the insurance industry and undermine non-smoker discounts on insurance premiums, and and a program to form a coalition to publicly portray public health adovcates as intolerant, anti-social and in need of help.
Type
REPORT
Subject
secondhand smoke strategy (Corporate strategy to deal with ETS issue)

Annotations

1. DiNardi, Salvatore R. Named Person
  • Affiliation:

    Univ Ma

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FOURTH DRAFT REPORT ON PUBLIC SMOKING ISSUE EXECUTIVE COMMITTEE APRIL 10, 1985 WILLIAM KLOEPFER, JR. (CBS tape) The nonsmoker battle for smoke-free air -- more complicated than fire safety, more damaging thanArestrictions and^a greater bottom-line threat than excises. A battle in a society that has conquered man's environment and in which, paradoxically, our fear of it is growing. The logical appeal of smoke-free air is irresistable to politicians, commentators, even some smokers. It is the most effective way to reduce smoking. We are defending two fronts -- political regulation and private rulemaking. We are fighting legislation, we are confronting research by regulatory agencies such as FAA and EPA. Indoor air quality is a buzz phrase in a dozen other agencies which we must monitor. Workplace restrictions grind on in their course. The focus is dangerously narrow: ambient smoke. Some of our retaliation is working. Some is in the pipeline. We have only begun, however, to take the decisions, make the commitments and exploit the opportunities that can win this battle over the basic social acceptability of smoking. The invaders employ an offshore battery of scientific research findings and an air cover of socio-economic incentives. We seem to be trying to protect a population without a popular will to join the resistance. T10482-0990
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On the other hand, the roadblocks we've thrown up and the skirmishes we've won are not without significance. Nearly two years ago, we laid out a plan to blunt the socio-economic attacks and we are solidifying that defense. If you were the owners or managers of some other business, it is likely you would be confronted on one side by anti-smokers and on the other by employees and customers who smoke. It is likely that smoking restrictions would seem to be a good idea for reasons put forth repeatedly by the anti-smokers. First, they argue, restrictions save money. Weis, Kristein and others teach you that employees who smoke cost more in insurance and productivity. To that we have developed effective rejoinders, proven commodities on line. o An immediate task for us is to tune up Lew Solmon's volume -- indeed to clone him -- following the excellent job he has done countering Weis, in journals, in the public media, in meetings with business officials and in two legislative hearings where he has been placed by the State Activities staff. We've already begun to prep the 40-plus economists we originally lined up on the excise issue to make expert pitches on this one. o Imminent publication in "Management World," which we engineered, of our Response Analysis Corporation survey, will give us a new round of reprint circulation. That's the - 2 - y T10482-0991
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research that demonstrates that managers and shop stewards in six different industries and in public agencies believe that smoking has little if any effect on productivity. We've already shared the report with 60 business and professional publications, and widely distributed it to business, labor and public officials. o We've mapped out our first hits for our Environetics study which shows that professional planners see no way to promote productivity by restricting workplace smoking; Major trade journals like Facilities Management and Real Estate and Corporate Design. Presentations and a video.display at planning conventions and seminars such as NEOCON~ the major trade show for planners, architects and designers at'~the Merchandise Mart. o Every new study showing the negative effects of smoking restrictions on local economies will be exploited at lobbyist direction. Those we've done in New York City, Montgomery County, Maryland, Philadelphia and elsewhere, have been presented this way to public officials and discussed with the media in each instance. o We're ready to try to replicate occasional independent studies that support our point of view. The one from the University of Minnesota last year got national publicity and helps us refute the claim that smokers are less productive. Our lobbyists and other consultants keep flashing it. It's ideal for a repeat in Washington state, Mr. Weis' home turf. - 3 - T10482-0992
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The anti-smokers' second argument is the right to breathe smoke-free air. A number of our initiatives have helped to neutralize its effect. o In litigation, we gave the anti-smokers a public relations and legal beating when they tried to force a•19-vear employee of the Wisconsin Department of Revenue to stop smoking a pipe or face termination. o Early on a Federal judge assured us there is nothing in the Constitution that promises a smoke-free environment. But the Q~ . American Association of Affirmative Action Officers believes that smoking restrictions can be used to deny minorities constitutional rights to employment and promotions. We are working with that group to raise that important point. An American Civil Liberties Union committee will study smoker employment discrimination. With help from Philip Morris we`ve opened the door to our input. ACLU has assured us it will be welcome. o The same issue has led us to potential allies in black, „~ hispanic, veterans and women's groups. Hispanic lobbyists are experienced in successful attacks on height limitations in public safety employment on behalf of their constituents who don't meet minimums. We've sensitized the hispanics to smoker discrimination and Pete Sparber is in California today negotiating resolutions from them opposing it. We're not as far along with other minorities but we're determined to get there. - 4 - T10482-0993
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o We've helped labor find legal problems with smoking restriction edicts. The American Federation of Government Employees, various fire fighters locals and state labor federations are opposed to unilateral impositions. As a follow-up to our labor-management committee seminar in February, eight states are targeted for field staff- non-tobacco union collaboration in lobbying -- New York, Massachusetts, Florida, Washington, Minnesota, Michigan, Texas and California. o The law enforcement community has expressed concern that '; frivolous Legislation makes a mockery of the law, diverts resources and hurts police morale. The International Union of Police Associations helped us with S.B. 80 in Wisconsin and right now is finishing a position paper which will enable them to supply witnesses where Roger Mozingo needs them. The prestigious Police Executive Research Forum is not a lobby, but their forthcoming policy recommendations are going to carry great weight in broadening our police support. o The voluntary workplace policy you okayed at Palm Beach is L4. now going through a committee approval process at the American Society of Personnel Administrators-for their imprimatur, not ours. The American Federation of Government Employees is in negotiation with it at the Social Security office in Tampa. Two other places are looking at it -- one of them specifically to earn exemption from a pending ordinance. - 5 - T10482-0994
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0 Regarding our voluntary restaurant policy, we're drafting for clearance a third-party policy statement. The "smokers welcome" tent cards have been requested, according to field staff, by two restaurant associations in our suburbs and another in Massachusetts. The final, socio-economic argument the anti-smokers make is the bandwagon technique: Telling them "everyone is doing it." We now know their numbers are dead wrong, but as far back as 1979 the National Interagency Council on Smoking and Health started saying and they're still saying a majority of Fortune 500 companies restrict smoking. o Lew Solmon's research has just told us that among the 1,100 Largest or fastest-growing companies, just over 30 percent say they have some restriction. That number includes places that simply restrict smoking on elevators, in food processing operations or near gasoline pumps, and facilities required to restrict smoking by law. Of the 30 percent, less than three percent say_ they prohibit smoking altogether, and less than 13 percent maintain separate sections in the workplace. .o About 25 percent say they have considered and rejected restrictions because they prefer to let their employees work things out for themselves. 0 99.1 percent do not prohibit hiring of smokers. More than 85 percent have never considered doing that. - 6 - T10482-0995
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Our present schedule is to have Solmon's full report in time for a mid-May news conference disclosure. Yet, despite what it shows, these businesses are under pressure. The trend is towards restrictions. The bandwagon is not yet rolling down tobacco road. But at least we are slowing it down with these implementations of our plan. That is not yet the case with the other half of the issue: health. The anti-smokers have just one argument: cigarette smoke is dangerous. It's a physical assault. We say no one knows if cigarette smoke is dangerous to the smoker, much less to the nonsmoker. But, consider the popular perception. The Repaces and Lowreys, Whites and Froebs, Hirayamas, Trichopoulos's and countless other anti-smoker scientists have kept refueling the public's paradoxical fear of its environment, to the extent that seventy percent of nonsmokers and a majority of smokers now believe that ambient smoke is probably hazardous and a no-smoking sign will restore health to the indoor air. More reenforcements are on the way. o Environment International has scheduled publication of Repace's nonsmoker death estimate for late May. We expect he'll make a new news story out of it. But he may not .know that we'll beat him to the media in a series of documented, one-on-one briefings. Repace may not know the journal editor's own skepticism, the editor's warm reception of - 7 - T10482-0996
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Sorrel Schwartz' critique, and the editor's eagerness to get and publish the critical scientific responses we're stimulating. We know other scientific hits are going to be needed here. o EPA has given the National Academy of Sciences $75,000 to do ~ a "preliminary investigation on the hazards of exposure of nonsmokers to tobacco smoke." We expect the study to be completed, and publicized, at the end of this month. Beyond that, EPA has $2 million this year to investigate indoor air quality from various angles, but there is no sign yet of funding for next year. At the moment, we can only stay on watch here. o The National Academy of Sciences has a contract to do a ~ Congressionally mandated $500,000 study of aircraft cabin air quality for the Federal Aviation Administration. A report is required about a year from now and is likely to include regulatory or legislative recommendations. We have a plan for this one, and I'll come back to it in a minute. o The Interagency Committee on Indoor Air Quality has a grand ~. plan for government research pending at 0MB for clearance. The Consumer Federation of America and others are promoting more government funding. As soon as the 0MB releases the agenda, we will put it under our microscopes. o The 1985 Surgeon General's report, expected in November, will address workplace smoking and, more specifically, what Dr. Koop will assess as the synergistic effects of cigarette - 8 - T10482-0997
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smoke and such substances as asbestos, radon and cotton dust. We believe there will be 14 chapters demonstrating that the synergistic whole is greater than the sum of its parts. We've identified some of the authors, we're pulling together their published treatments of these•subiects, trying to visualize what the report will look like, so we can begin drafting our response. o The Office on Smoking and Health has begun work on its own _ $500,000 literature review which, bolstered by independent studies, probably will be the meat of the 1986 Surgeon General's report on passive smoking. Actually, we hope the review will help us in our own tracking. o The National Cancer Institute has $500,000 to spend on passive smoking research and development of exposure models. That one is relevant to an industry support project now forming, and I will come back to it. o The American Cancer Society is expanding its data base in its ~ repeat of the million-person survey. It has asked women to state the number of hours per day they are exposed to smoke at home, at work and elsewhere. I'll describe our own questionnaire project in a moment. o We know of at least 16 relevant major research efforts ~4 under way in private institutions -- none of which can be expected to help us much. They range from work at the Harvard School of Public Health on "Constituents of Sidestream and Mainstream Tobacco Smoke - 9 - T10482-0998
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and Markers to Quantify Exposure" to a study at the University of North Carolina Department of Pediatrics on the "Significance of Childhood Respiratory Infections." These just add to the scientific pressure which we have barely begun to meet. • There have been innumerable scientific meetings and symposia including focuses on ambient smoke. We have supported only one -- at Geneva two years ago -- and its effect was diminished because The Institute had to be its publicity agent. Many others are in prospect. A sampling: o A Conference on Smoking and the Workplace, American Lung Association, Washington, right now. o The Air Pollution Control Association, Detroit, June. o An InternationaL Conference on Indoor Air Quality, Ottawa, this month. o The American Chemical Society, Miami, this month. o A Symposium on Health Risk Assessment, Columbia, Maryland, next month. There is little chance the outcome and publicity on these projects and meetings will be sympathetic. There is every chance they will contribute to the adversary offensive. If we stiL1 lack a star-wars capacity to explode the missiles before they hit, we are at least making some progress in defusing. We now have several scientist consultants capable and willing to critique the anti-smokers' research. T10482-0999

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