Lorillard
Statement of the Bakery, Confectionery, & Tobacco Workers International Union
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- American Cancer Society
- Bakery Confectionery + Tobacco Work
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- Date Loaded
- 19 Dec 2001
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- 03613129/3672
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- Litigation
- Feda/Produced
- Author (Organization)
- Bakery Confectionery + Tobacco Work
- Characteristic
- ILLE, ILLEGIBLE
- UCSF Legacy ID
- gjr88c00
Document Images
And in d'oing r ~, P would like to.point Ir a report adopted
the AFL-CIO ExeLcutive Council in 198'0 ~:
Some empSoyerss have exploited scientific studies
of the combined effects of smoking with occupational
.
exposure to,toxic substances and.conclude that it
would be unnecessary to control exposure of these,
substances, if workers stopped smoking.
` The AFL-CI0 is opposed to any coercive efforts
to infringe on individual rights of individuals who
smoke or of those who don't. We also oppose misuse
of scientific data concerning, smoking and exposure to,
toxic substances to serve as a rationale for failure.
to tak,e necessary steps to prevent worker exposure to
toxic substances in the workplace, which are shown to
adversely affect their health.
We are impressed by the foresight of our Executive Council
in staiting two.years ago the fundamental basis for rejecting,this
legislation.today.
~.

This Committe(.;i11l have to decide betw~.L,.i those two roles
for the government. Should the government colntinue to give peo,ple:
information so they can make their own free choice? Or should it
aggressively persuade people to modify their behavior until they
stop?
.
Present U.S. policy calls for the public to be informed,.
the measure of effectiveness being the extent of public awareness.
Awareness stands at an astonishingly high level of 90.percent,
verging on universal acceptance according to behavioral,scientists.
The neo-prohibitionist strategy of this bill calls for
prevention, and is based on.the theory that.if people reject the
go. vernment's admonitions,, they cannot really be informed -- and,
therefore,. must be reformed. The new measure of effectiveness
shifts from knowledge to conformdty. T Even on.these terms, the present policy of ed'ucation is-
wa:rking; The':prevalence of smoking has dropped to 35 percent, the
lowest ever recorded by the Gallup Pbll.But apparently, it is:
not enough.that awareness is at its highest level, and smoking,
the disapproved behavior, is at its lowest point.
That more prevention is nevertheless prescribed betrays the
neo-prohibitionist motivation that lies jus:t under the surface.
This motivation explains why the bill loads packages and."
advertising with more warnings and lists than any other product
is required to,carry. It also explains why the bill opens the
door to a massive overload of litigation.. If these prohibitionist
effects succeed in depressing sales by just one percent, the ad-
verse impact would be significant. Based on data from a recent
Wharton study of the. tobacco industry's contribution to the U.S.

March 24, 1S(
STATEMENT
of the
BAKERY, CONFECTIONERY & ' TOBACCO WORKERS INTERNATIONAL UNIQhto the
HOUSE SUB'COMEfITTEE ON HEALTH AND THE, EAVIRQNMENT
~..,
Committee on Energy and Commerce
Re: H.R. 56'53, "The Comprehensive Smoking Prevention Education
Act of 1982"
The Bakery, Confectionery and Tobacco R'orkers International
Union represents over I60',OOA workers in the United.States:and
Canada.. Approximately 30',0A!0,of our members are, employed in the
U.S. tobacco indu,stry..
We present this_ testimony on behalf of all of our members -
thos'e who are employed in that industry, as w,ell as those employed
in the various asp:ects:of the food production industry. We also
speak on behalf'of the many workers in.the tobacco industry who are
not organized and d'o not, therefore:, have a collective voice to
represent them at the hearings. We also represent many organized
workers who are concerned with the impact of this bill, who weree
not provided time to testify, includ'ing machinists, electricians,
carpenters, farm workers, distributive workers and retail workers,
and others.
We oppose H.R. 5653, The Comprehensive Smoki:ng, Prevention
Education Act, for two very_important reasons.
First, it threatens our industry and our workers with the
needless loss of sales earnings, and ultimately, jobs.
O.
W.
N
W.
C~..~
W

economy, we estimdC that.the loss fo.r just Cne of the states.
(California, Illinois, Kentucky New Jersey,'New York,.North
Carolina, Ohio, Pennsylvania, Texas) would'.be more than 10',000'0
j,ob:s and more than $170 million in wages. One-fifth,of this.Ioss
would.Fome from tobacco farming,, manufacturing, retail sales, and
suppliers; the remainder would result from,the ripple effect on
the rest of the economy.
Further economic hardship would result from the loss of'export
markets and~ of American jobs that depend on exports. This bill
goes far beyond existing,legislation by requiring warning labels.
on cigarettes produced in this country for export. Could American
cigarettes carrying a health warning label compete with cigarettes
which bear none?' Can there be any doubt of the result on sales
and on American jobs?
T The American Cancer Society, a major lobbying force for this
Ilegisl,ation, wants to cause more than a one percent drop in smoking.
Several years ago, they launched their Target Five.campaign,, aimed
at a 25% decrease in smoking in five years. And, it must be recog-
nized that in Sweden, the source of this bill, the government's
stated goal is to achieve a smoke-free nation by the year 20'0:0.
titi'e seriously question the wisdomof buying,the Swedish import
for Americans. We seriously question the wisdom of disrupting
a health industry and creating more unemployment in a recession.
We question the wisdom of setting up a new anti-smoking, bureaucracy
with unspecified spending authority when.other essential health. ~
W
and social programs are being slashed. Mr. Chairman, we do more µ
than."seriously question the wisd'om'" of this bill -- we reject its~
folly.

Tihe lung cane C.rate for white men alonf-che coastal sections
~
of Northern FIlorida,, South Carolina and Georgia are among the high-
est in the nation. The National Cancer Institute says it may be
the result of exposure in the booming shipbuildingy industry during,
World War I.I. A FloridaState University study attributes it to
., .
airborne chemical pollutants from industrial plants in New York
and Illinois.
But to the supporters of this bill, it's. all cigarette smoking
The New York Times has recently looked at the growing contro-
versy over whether environmental or lifestyle factors cause cancer.
The former chief epidemiologist of the American Cancer Society,
and other associated with the industrial establishment, believe
that cancer-causing pollutants are relatively minor factors compared-
to fa~ctors such as smoking, diet, alcohol, and, even sexual and
reproductive behavior, a view that is consistent.with the bill's
"findings"'.
But the New York Times also reported that other scientists
believe that factors other than smoking are,involved;e they are
worried, about "'poisons escaping from,smokestacks, toxic waste dumps,
nuclear reactors." They are worried that."'black men smoke less
than whites,, yet have higher Lung, cancer rates, perhaps because they
have...more hazardous jobs."'
But the supporters of the bill have no similar worries; to them,
it's:all due to smoking.
Politics makes strange bedfellows. H.R,. 5653 has been intro-
duced by a Member with a 100% AFL-CIO voting,record;; its Senate W
(M
version has been introduced by a man with a zero AFL-CIO'rating. ~
{Ve.can't split the difference. We totally oppose both bills. ~I
0

That restrair.C is as,needed now as it X then..
° We believe the findings in this bill are unsubstantiated and
will be misused'to the detriment of millions of workers exposed
to occupational hazards. We oppose this bill and its findings to
show our solidarity rrith:
o~ Coal miners whose black lung disease has been
_- blamed on smok:ing,.
o Textile workers whose brown lung,disease has
been buamed on smoking,
o Asbestos workers whose lung diseases have been
blamed on smoking.
And the list includes uranium workers, chemical workers, metal
workers, shipyard workers, and many others. Public Health Service
and the,voluntary health.organizations should honestl'y abandon the
blame-the-victim approach and get att:the.truths of:what is causing.
disease.
Earlierthis year,this Committee heard testimony from two
seientists who Feportedthat "'at least 11 percent and more likely
21 percent" of lung cancer in the U.S. can be attributed to air
pollution. They noted that the proportion of adult smokers has
decreased and that.cigarettes now contain half the.tar content of
20.years ago, yet lung cancer rates continue to climb. "To us this
indicates that something else is at.work," the scientists said.
But to the supporters of this bilIl,, it's all cigarette smoking.
Recently, the National Nildlife:Sederaltion reported that
"responsible,scientists believe: air pollution is responsible for
about 5.0,000 excess
deaths, seven million sick d'ays, and 15 million
days of'restricted activity per year."'
But to supporters of this: bill., it's all cigarette smoking,.

~ Second, it th( 3tens a host of other wol(ars in other industries
and the general public with the loss of protection against hazardous
environmental and, occupational expo:sures,.
To put.it plainly, this legislation is not what it seems to be..
I!t is not merely a harmless labeling bill, but rather the first step
~
down the road to prohibition. In.fact, it is not merely a tobacco _
and health bill, but rather a redherring that could be used to di-
vert attention from efforts to undermine other health policies and
programs. -
The stakes are very high and time for consideration of the full
implication of'thisbill has been severely restricted.
Frankly,we have been concerned about the imbalance in the
time allotted for testimony in support of this legislatiion versus
the time for opposition views._ Three television performers were alTowedYto launch.the hearings
with personal statements in supp.ort of the bill, while only one
labor union was permitted to testify, and then only as p:artof an
industry panel which was itself denied the time it had requested
for scientific witnesses. We believe it to: be more important for
the committee to hear the statements of those people whose liveli-
hoods are directly affected.by the proposed legislation.
The rush~to judgment before all the facts are in will only doo
grave damage to the public interest and the credibility.of the W
tT~
legislative process. w
Mr.Chairman, this bill masquerad'es.as labeling legislation, W
A
but there.is an issue behind the issue. The hidden issue is whether
national policy should shift from education to. prevention, from
choice to coercion.

Now, let us.tl,s to the second major grr.id.for our opposition.
~
Section 3 deals with so-called findings. These blame every
major chronic disease on smoking, and thereby create a smoke-screen
..for the occupational and environmental factors involved.
.,T~e very first one states. that "'the Congress finds that,
cigarette smoking is the largest preventable cause of illness and _
premature death in the United States and is associated with the
unnecessary deaths of over three hundred thousand Americans annually."'
. At first giance, it is difficult to conceive of a statement more
alarming, more compelling, more demanding of remedial.action. It
calls for nothing,short of outlawing tobacco.
But on.reflection, this finding is curiously phrased;. the words
have an Alice-in-Wonderland quality. Their meaning is hard to pin
down. For example, if cigarette smoking is the,^largest preventable
cause of illness," what are the second andthird largest preventable
causes? What are the "non-preventable" causes? Is smoking
"preventable" whilie environmental pollution is not?'
If these statements of findings had' to be substantiated, as the
FTC req;uires advertising,statements to b.e, I doubt they would' sur-
vive. The 'bill says flatly that smoking "is associated with"' over
3'AD,00'0'.deaths a year. Yet, the first Surgeon Ceneral"s Report in
1964 ,stated that:
The total number of excess deaths causally related to
cigarette smoking in the U.S. population cannot be.
accurately estimated.
The C'ommittee which wrote the report considered the possibility
oftrying to make such calculations, but rejected the idea becausep
C.1
"'it involves making so many assumptions that the Committee felt M
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