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Tobacco Institute Newsletter

Date: 01 Jul 1975
Length: 7 pages
03653760-03653766
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03653760/03653766
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NELE, NEWSLETTER
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LEGAL DEPT FILE ROOM
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03652627/4101
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05 Jun 1998
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Litigation
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PREPARED!Y. THE", INSTITUTE. STAFF TO INFORM THE INDUSTRY OF NEWSWORTHY DEVELOPMENTS WASWINGTONI Number 126 July 1,, 1975 HOUSE COMMITTEE on Interstate and Foreign Com- merce has reported'its bill to:amend': the Haz- ardbus Substances Act. It specifically eliminates "tobacco and tobacco products" from the jurisd'ictiioniof the Consumer Product Safety Commis- sion. The committee report restates that the original act gave the CPSC no authority to regulate these products and the,commis- sion has no authority to ban "certain cigarettes" as,orderedi by U.S., District Court., U.S. D'ISTRICT'COURT granted motions filed by the govt. and cigarette companies:to dismiiss the furniture mfrs.' suit (Newsletter 125), to re- quire the,Consumer Product,Safety Commission to regulate cigarettes in, stead of their own products. The:decision statedithat the:C:PSC rulingi that it had no jurisdiction over cigarettes did not injure the mfrs.,, who wouldlhave the opportunity at a future date to raise the issue of the Commission"s jurisdiction wheniand if a flammability standard for upholstered furniture is issued., ACTION!ON SM;OKIiNG AND HEALTH' (Bandhaf)I told the Occupational Safety & Health,Administrationiin capital letters that it may resort to "JUDICIAL PROCEEDINGS" if the agency doesn't get busy and' ban smoking in some workplaces and segregate non- smokers in others. OSHA has been considering new carbon,monoxide air standards. Last year ASHigenerated several hundred antismoking protests to the agency. Th:iss spring ASH,filed,a petition to include the smoking regulations in the. CO standards;and followed up with the legal action threat. DR. ELLIOT RAPAPORT, president of the American Heart Assn., askeff-tFie---Pe e3 a-~ommunicatilons Commissioni to require anti- smokingibroadcasting. The Commission replied that it can't legally do that.
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-2- FOOD AND DRUGIADMS~NSSTRATI~ON has been petitioned by Nader's HealthiRe- search Group to prohibit the presence of a chemical solvent, trichl~oro- ethylene,, in decaffeinated coffee that causedla high,incidence of can- cerous liver and lung tumors in mice. AP quotes the petition as saying, "Relatively sma11'exposures ((of TCE)) through ingestion of decaffeinated'coffee and inhalation of'coffee fumes, may well pose a risk of cancer." THE I~RONY, said ReP. Jones (p-N.C.) in reference to the 3td. World Conference on Smoking and Health (June 9 Special~ Report),, "was the fact HEW'used one-quarter million dollars of the U.S. citizens' tax money for donations to the American Cancer Society to cover the ex- penses and air fare and'$50 a day in living costs of those who attended& this meeting. This, of course, to attack an industry which produces over $6 billion a year in taxes." Jones was addressing the Leaf Ex- porters Association and Tobacco Association of the Unitedl States convention. UPI, said U.S. govt. funding of foreignicigarette adverti.sing for brand'ss containing American leaf will stop this summer. The story said an un, identified official attributed the decision to continuing criticism. FROM A STATEMENT submitted by the National Heart & Lung In- stitute to, the House Appropriations Committee: "The exactt cause of'emphysema is not' known,"' and "the causes of:chronic obstruc- tive pulmonary disease are still poorly defined."' NONSMOKER ISSUE NEW1PROHIBIiTIONS: Alaska now has law, to be- come effective in Sept.,, which declares:smok- ing to be a nuisance and restricts smoking in aivariety of places. uio- lations will be punishable by fines of $5 to:$25. Failure to post "no- smoking" signs will draw fines of $10 toi$100. Culver City (Callilf.) Council banned smoking in public places to "protect the health and wel- fare" of city, residents. The Renton (Wash.) City CounciD adopted the state board!of health regulation (Newsletter 119), banning smoking in public places includi~ng,meetingirooms.. SETBACK in effort to~expand Arizona legislature's movement against publiic cigarette smoking was explained by a:propo- nent of such,legislation, according,to a special report in the New York T ime s:: "The biggest opposition we have are the personal hang-ups people have for telling others what' to do."' Two segregate-smokers bill's were passed by the California House. One provides that restaurants seating 50 or more people must set aside 20% or more of their space for nonsmokers:but the billl states "a violation ...is not a crime." The other requi~res~that restaurants in public buildings must designate smoki~ng/nonsmoking areas andlpost noti~ces:. The measures await Senate action., The Colorado legislature adjourned without taking final ac- tion on no-smoke bills. The author of the Louisiana no- smoke bill (Newsletter 123) withdrew it when no support was found. A new bill was proposed in the Wisconsin Senate to prohiibit:smokingiin certain public places or at public meet- ings. ~ ~ ~ LIT W ~ ~ ~A &_
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~ -3- SAN FRANCTiSCO SUPERVISOR Quentin Kopp proposed tough no-smoke regula- tions in a broad range of public places early i'n June. Later:in the monthi, TI's fieldman: David McLean and spokesman Bill Dwyer were in town:to tallk, to the press and Dwyer arranged a "debate" with Kopp., Kopp saidl,, "The proposal would not invade a smoker's privacy at hi's own home or business." Dwyer countered,, "To restrict by law 40% of our adult population in their pursuit of a pleasurable pastime. ..is simply bad: public policy." Both, agreed that smokers should show more consideration and courtesy. The San Francisco Chronicle said there was more smoke:than fire at the friendly debate. Subseqpently, the Health and Environment Committee approvedia watered- down measure for the Board of Slupervisors to consid'er. ON THE'SUSiIECT of current legislati~ve efforts to restrict the use of tobacco in public places, columnist Earl Waters,, writing in the: Vallejo (Calif.,) Times-Hprald, said': "in this,. _as inial'l other matters, there should be a standard of reasonableness: applied. In a democracy none should have the right to trample over the privileges and'desires of'others simply because they disapprove of what the others are doing. This fully concedes the others should not be do- ing things offensive and in disregard of'their opponent's privileges and desires. In the smoking situation there should be ample room for both'y especially in this day of air conditioned ventilation in most all public places.,"' WEST'VSRGINIA State Health Department, ediltori~alizes the Charleston Gazette,, should promulgate comprehensive reguliations against smoking similar to Washington State, But the paper fails to mention that the W. Va., legislature rejected a stern no-smoke bill (Newsletter 1117')~ earlier this year. L RLSEARCH FIVE YEARS AGO the British Journali of Cancer reported on:links between 15 kinds of cancer and consumption in 2qicountr:ies of cigarettes, solid fuel, tea,and'cof'- fee. The,author, P. Stocks, found a"significant but weak positive" association between male cigarette smoking and lung cancer and!simiDar associations between female lung cancer and solid fuel andltea consump- tilon. He,aTso reported a"strongipositive" link, between lung cancer and: soliidifuel consumption in males., THIS SPRING, Armstrong & Doll (the latter a strong advocate of the smoking-lung cancer theory) reported in the Interna- ti~onall Journal' of'Cancer on correlations between cancer and environmental-dietary factors in 32' countries., They found~ male lungicancer:"most highly correlated"'withisolild energy output, while female lung,cancer related most to tea-dtiink- ing and population density. "Cigarette consumption," they observed, "is not,, as might have been expected~, the variable most highly correlated with male lung cancer." $6-M'ILLION RESEARCHIINSTITUTE opened,at Valhalla, N.,Y.,,by Wynder's American Health Foundation, is described by Dr:. Rauscher,, director of the Nati~onal Cancer Institute, as the nation'e primary institution con- cerned solely with: the prevention of cancer..
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r-_ STiX', NEW SCIENTIFIC',STUDIES re:lating to smoking and'health have "oeen announced by the Council for Tobacco Research. CTR also said funds are beiingiproviided for the continuation of'27'other studies.. The council"s total allocation for grants.is now nearly $32 million. INSTANT LEGEND: "Smoking Tied to Later Risk of Atherosclerosis for Child," read the headline in Famiil Practice News, a newspaper for doc- tors. Seems:BritishiIDr., Otto Wollff told a Univ., of Miami symposium, "I' want to put forward another hypothesis.. It seems to me not impossib3e that the carbon monoxide in the blood'of't'he smoking mother may be transferred across the placenta and may damage the developing arterial circulation, andlpossibl'y predispose to the later development of atherosclerosis_" That's all. No research. (Editorial notea The headline writer shouldlget a magician's award for finding smoking "tied"'to something after reading. "hypothesi~s.. not impossible.. .may., . .may. . .possibly."') HOOVER AND FRAUMENI reported on cancer rates in,13'9 counti~es in the U.S., where the chemical industry is most concentrated. They found ex- cessive lung cancer associated with~manufacturing of industrial gases, pharmaceuticals, soaps, detergents, paints, inorganic pigments and syn- thetic rubber, and suggested,that cigarette smoking,i~s not an explana- tion. PUBLICATIONIOF TWO OTHER STUDIES showing a possible link between expo5ure to lead and zinc chromates and liung cancer has triggered alwarningi fromia trade assn. of paint and pig- ment mfrs. to its members, according to the Washington Post. The assn. said it appeared "prudent" to reduce exposure to the l.owest practical level until the relative health hazards are clariified. Federal industrial safety experts estimated. that about 175,000 U!.S. workers in aiwide variiety of manu- facturing processes are exposed to such chromates. A MEDICAL SURVEY reported by the New York Times discloses there is a regionlin the Peoples Republic of China where the incid'ence of cancer of the esophagus is:so prevalent that it is:the chief cause of death,. Inithe same region, chickens show an unusually high rate of cancer of the gullet. The report, received:from Peking, said efforts to identify local factors that might be responsible are inconclusive. MEDIA NEW STUDENT of the smoking-health,controver:sy is Kenneth Michael Friedman, who has publiished "Public Policy and the Smoking-Health Controversy" (Heath, Lexington, Mass., 1975, 216:pp.). Friedman, who teaches political science at Pur- due, takes a:well-researched Look at governmental and industrial par- ticipation in the controversy in the U.S.,, U.K. and Canada. One sig- nificant omissioniis the il,l-fated,effort of Sen. Moss (D-Utah) to se- cure liegiislation in 1971 to regulate "tar"-nicotine content of U.S. cigarettes. The author concludes that. "more vigorous governmentadefforts: were undertaken where agencies and'Pevels of government were relatively au- tonomous and'competitive" -- in other words, not elected.. And he says "the problem raised by the anti-smoking interests remains everywhere far from solution." 11
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-5- PAULA GREEN, ad agency president andlAmerican Cancer Society public in- formation committee member, spoke at the Third World Conference on Smoking and Health and suggested droppingithe cigarette TV'adlban and assessing:a 1-cent-per-pack tax for anti-smoking educational materials.- Reactions, as reported in Advertising Agea i A TI spokesman said,, "Bear in mind, cigaret companies volunteered to leave the airwaves:in:I'969. That position has not changed." i A, tobacco exec. saidl, "They ((health groups)) wanted us off 2'V.. Now they want us on the air again because their program backfired." An Ad'Age editorial in, the same issue observed,, "The ban on cigaret ads for radio and TV is a form of discrimination which;is alien to the normal way of doing, things in this country, but it has been de- fended'as a necessary exceptioniin;an unusual situation. Now, however,, there:is an increased,recognition, even among anti-smoking forces, that it is another of those noble experiments that looks good on paper, but -proves,otherwise in,practice.,"' "ON THE SCENE,"'a coLumn~in the Christian Sciience Monitor, notes gains nonsmoking passengers have made withiairlines since the 1973'.Civil Aero- nautics Board,segreg;ation ruli;ng but asserts there are problems remain- ing such as keeping the smoker from walking up and down the aisles of ai~rcraft. IItYDUSTRY TI PRESIDENT KORNEGAY traveled to Wrightsville Beach, N.C.,to tell the Bright Belt Warehouse Assn. convention, "Many, of our opponent's; are permissive about pot,, pornography, and'hard liquor but are repressive about tobacco. Many of our opponents are silent about air po11utioniand,industria2'pollution but outspokenly condemn tobacco smoke as 'personal pollutions" Many of our opponents support civil'rights but deny,smokers' right's." Continuing,along these lines, Kornegay noted, "it seems in- credible t'hat' many who advocated tearing down the old barriers that di- vided peop3e on the basis of race, color or creed are now willing to erect new barriers dividing people on the basis of whether they smoke or not." WALL STREET'JOURNAL said,Helme Prodlucts, Inc.,,a,TI member, has advised shareholders to accept an offer madle by General Cigar Co. for Helme shares., NEW STATE'TOBACCO HISTORY booklets have been published by TI for Indiana and Ohio. The booklets have beem.initially dis- tributed to those states' public and high school libraries as well as daily'and weekly newspapers and the tobacco trade press. Interested persons may request copies. The state- by-state series now totals 19 booklets., F ORE I G Nf FRENCH ANTI-SMOKING PLAN (Newsletter 119) bei~nglconsidered by Mme., Simone Veil, Minister of Health,, would hit primarily at cigarette advertisimglon TV and radio and in the press,, ban smoking in public places and schools, and be 46z== C ® 0? ~ ~ ~ ~ ftft~
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-6- backed up:with a publicity campaig,n according to reports received at TZ.She is al!so reported to be cutting down on her own cigarette smok:- ing., THE BEAGLE CAPERI: First came an AP report that two smoking beagles had beeni"rescued" from a British,laboratory where tobacco substitutes are being tested and!, accordiing to an anonyinous telephone call, one of the dogs "wheezed' like a human being who had smoked for 30 years." A lab spokesman, responding through the press, said the stolen dogs were from the,nonsmoking control group and if'they wheezed it was be- cause they had been takenifromithe controlledlenvironment they hadibeen born in and put into an outside atmosphere which they had never known., MEANWHILEIa spokesman for a mfr_, interested in tobacco~sub- stitutes said in a letter to the London Times the company is fully determined1to continue with research to the extent needed to enable the Secretary of State for Health to make _ a decision on marketing cigarettes containing substitute materials. The Times had reported that the tobacco substi- tutes might be abandoned. PEOPLE DIRECTOR RAUSCHER,, National Cancer Institute, flatly denied a National Enquirer allegation (NEwsletter 123) that he was among,the 51i of the executive-floor em- ployees who smok,edl. He,was asked about it by Science & Government Re- port. Another NCI official was quoted, "I don't know where they got that number. It' could be 50 or 53%. But there is a Iot of smoking there.," IN AN INTERVIEW with, the Lubbock, (Tex.), Morning Avallanche- Journal, Dr. AltoniOchsner berated physicians who have testi- fied "in favor of smoking" andldeplored government support of the tobacco industry. He also claimed the smoker is the "inost selfish,person in the whole world." JOE'HALL~is aTlegsdito be nine years o1d with an I.Q. of 20:0'. That got him an invitation to NBC-TV's "Tomorrow" show, where he toldihost Tom Snyder on the air to stop smoking. "Please put out that nicotine fac- tory," Hall said. "They'make me sick."' He's from Avery County, N.C.SMOKING''S'FIiRST EFFECT on the young smoker is perhaps to slow the movement of mucus in the airways of the lungs, ac- cording to Dr. Marvin Sackner, Mt. Sinai~ Medical Center, M,iami BeachI. These conclusiions, reported by Famill Practice News, were based on a year-and-a-half, smoking-beagle stud'y. HEALTHORGANIZATIqNS COMMITTEE REPORT of the World Health Organiza- tion raises the question of what W'.H.O1.'s role in the battle against smoking ought to be. The committee failed to~ come up with any new ideas, despite a whole week of deliberation, notes Lancet, the British medical journal. The article also said the com, mittee's list of things for govts. to do is four times longer thanli~ts own.,
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-7- A CARTOON FILM',, produced by the American Academy of Pediatrics andithe American Lung Assn., depicting children of a mythiical, kingdom banding together to rescue their community's lungs and air from the unpleasant effects of smoking, is to be shown on "Romper Room" TV programs for the next three months, according to Medical Tribune. "QUITT" CAMPAIGNS JACQUELYN ROGERSI, founder of SmokEnders, Inc., explained to the Easton (Pa.,): Express in an interview that for the ten-week seminars to work,, participants must have a sincere desire to quit.. That's why they're requi!red,to pay a fee of $1120 to $175'.. FIVE-SESSION CLINIC using group therapy, lectures,, films and literature to:induce smokers to quit was reported by the Den- ver Post which also noted the sponsor, the National Associ- ation for Smoking and Health (NASH), would explain the fee schedule at the orientation session., NASH presid'ent, Paul Wright, claims clinics have been 90% effective. "SMOKING", a show,focusing on women and smoking and the behavioral ap- proach to quitting, was scheduled for the 250-statiion Public Broadcast- ing Service on June 18. TAXES includes an pack and an will face a DISTRZCT OF COLUMBIA,City Council approved! $50.9millionlin new taxing authority which, increase in the cigarette tax from 6 cents to 10 cents aa expected yield'of $,2.7'milllioni. The Council's action now review by Congress. MISCELLANY U.S. COURT' OF A'PPEP:LS' in Chicago forbid the, egg industry from advertisiing,th:at there's no scientific evidence link3ng eggs to heart disease, but said it could, cite favorable evidence as long as it points out that there's much un- favorable evidence too. Meanwhile, govt. statistics indicate heart disease death rates have been decliningiin recent years. Anti-tobacco spokesmen have claiimed it's because many persons quit smok- ing. But iin a follow-up on the egg story, the washington. 4~ Post saidleggis are the "priimary dietary source of cholester- ol", and that per capita egg consumption has fallen,from 391 per year in 1951 to about 284 last year. UPI REPORT states a county judge, a former Democratic political patron, age chief, and three present or former state tax officiials~were indicted' at Philadelphia in connection with cigarette smuggling operatiion., ® ### M

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