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- Date Loaded
- 05 Jun 1998
- Author (Organization)
- TI, Tobacco Inst
- Litigation
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- MINI, MINIMUM CODING
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- uhk71e00
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PREPARED FOR YOUR; INFORYATIONBYTHE INSTITUTE STAFF
17iSKSTAEET,. N.W'.,. WA'SHINOTON~ D.C:, 2D00a Z96BN6/,
Number 119
March 25, 1975
WASHINGTON
BOTHiTHE'DOW-JONES News Service and Advertis-
ingiAge reported that staff at the Federall
Trade Commission is ready to:telll the Commission:that cigarette adver-
tisers have violated provisions of 1972'consent orders which prescribe
terms of display of a healthiwarning in advertisiing:. Ad'Age , said the
staff denied that it was:ready to make such a move.,
SEN. KENNEDY (D-Mass.) together with Sens., Javits (R-N.Y.),
Williams (D-N.J.),, Schweiker (2-Pa.) and Stafford (R-vt.)
introduced legiislationito revise and' extend programs of the
National Heart and Lung Institute and National ResearchiSer-
viice Awards. Kennedy said a two-year extension would syn-
chronize these two:programs with the National Cancer Act.
In mater3aL submitted for the Record, one of the major goals:of:the Na-
tional Heart, Blood Vessel Lung and Blood Program is to modi,fy the
.smok,ing habits of persons...and to extend successful anti-smoking pro-
gra,ms.
The next day Javits, a frequent sponsor of govt. anti-cancer
leg;islatiion, brought to the Senate floor a response to Daniel
Greenber ''s articlie, "Cancerr~ Now, the Bad News"' (News e~er
1!15 . The article by Dr. Frank, J. Rauscher, Jr., Director of
the National Cancer Instiitute, was coiincidentally entitled,
"The'National Cancer Program: Now The Good News." Rauscher's
rebuttal was that,the'criticism was inappropriate because
the really big program has only just begun. He made two
points about cigarettes--the only asserted specific cancer
cause he mentioned:
. With "knowledge" of'how,to prevent cancer, it takes
the publlic a long time to react;, it's 11 years since
the Surgeon,General"s report onismoking' "yet lung
cancer iis now at epidemic proportions."

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Since 1195'01,, "if cancers associated with smoking aree
removed from the overall statistics, cancer mortality
has..,.decreased for men."'
SEN. HRUSKA, (R-Neb.),, for himself and GOP colleagues Curtis (R-Neb.),
Fanni!n (R-Ariz. )'; and' Young (R'-N.D. ), introduced aibill to wipe out what
they regard as five constitutional infringements on the broadbast media
as distinguishedlform print media: 1) The "'equal time" requirement
for political candidates; 2) the "fairness doctrine"'; 3) the cigarette-
little cigar ad bans;, 4) required "public service time" announcements
and 5) restrictions on editorializing and'candidate support.
Hruska called the cigarette-liittle cigar laws~"unfazr discrimi-
nation between the broadcast and print medtia" adding that "if the
Congress wants to take positiue action against this national heaZth,prob-
Zem it should out'Zara the advertisting of all tobacco products on aZZ'me-
dia. "
Sen. Proxlniire (D-Wisc_)i previously hadlin:troduced similar legislation,
but one major difference is that it would not diisturb the cigarette ad-
vertising situation.
REP. CARTER (R=IQy.),, a physician, introduced legislation too
provide for lif'e-long,, "credit card" health insurance for
all Americans with govt., back,ing.. His measure includes pro-
visions for periodic physical exams~and counseling by physi-
cians iin the interest of "health maiintenance.,"'
Carter told the House that recently "the major public health problem had' be-
come chronic diseases, now known to be caused ZargeZy by various aspeets of a new
life style which',includes a medZey of excesses--food, alcohol, cigarettes, and ten-
8ion, "' . . . . ..
He said one aspect of the health~counselingito be paid'for
under hiis bill would include for persons 17 to 19 advice
"respectzng famiZ'y pZ'anning--incZuding,genetic probZems--cigarettes
alcohol and drugs, nutrition, exercise and'accidents."
SENi. MOSS (D-Utah), who is suing the Consumer Product Safety Commission
tn get a court ruling that CPSC dbes have jurisdiction to regulate cig-
arettes, introduced a bill to make certain that it doesn't. In remarks
to the Senate,, he said he was sponsoring the bill at CPSC's request and
made no reference to hiis lawsuit.
THE CANCER LETTER told its subscribers that National Cancer
InstTtute has~chosen Enviro Control', Inc., a Maryland firm,
as prime contractor for all NCI smoking-health researgh,.
and to administer subcontracts with whatever institutions
have themlor bid on them in the future. An NCI spokesman
was quoted onithe scheme being more efficient because of
greater "pressures to prod'uce.,..out inithe private sector."'
The same issue quoted remarks by Wynder at a recent Tobacco Working
Group meeting at NCI: "I wouZdn't want to go on national t'eZevi'sion and say this,,
but' I:ruiZZ make a prediction. I think we will find that people who smoke 20'ciga-
rettes or less a day,,, ciqare:ttes nrith Z5 miZbigrams of''tar' or Zess,, will have mini-
maZ risk of cancer." He reportedly called "tar" reductions since 1950 a.
"major triumph".
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The Letter also reviewed the program,for the Third World Con-
ference on Smoking,andiHealth, scheduled for June in New York,
noting that "most of the world's leading sci~entilsts in the
field of smoking and health research will participate." Ac,-
tually,, virtually no one listed inithe conference program is
among,the leading researchers who have held open minds on the
smoking controversy,, and many participants have,done no re-
search in the field themselves.
NCI IS DIVERTING a quarter million dollars (while scientists complain
o8'research fund shortages) to pay for the Third World Conference at
the Waldorf June 1-4'.,
Scores of,tobacco adversaries will be flown from around the
world at Ui.S. taxpayers' expense. NCI signed a,$2'00,000
contract with,the American~Cancer,Society three years ago to
host the conference,, upped'its ante by $b0,,000 last year too
cover higher air trave]l costs. ACS agreed to chip in another
$50,000 and to pay, among other_thing,s, for "''two luncheons
''and a~ cashibar reception."
STATED PURPOSE of the conference "is to review the deveZopments of the past few
years in,aZZ sectors of anti-smoking activity throughout the world; evaZuate what has
been done and forrrruZate guideZines for future action." An unstated purpose is
publicity and propaganda, as exemplified when the first conference was
held in New York eight years ago and featured the late Sen. Kennedy
(D-Ni.Y.) as principal speaker.,
MONTANA HOUSE passed.and sent to Senate a bill
to require the manager of an enclosed' public
'place other than altavern toldesignate by prominent signs specific areas
for smokers and,other areas for nonsmokers. Maximumifine for fai'ling
to:comply: $10 a day.,
NbNSP10k'ER' ISSUE
THE Ni.M. ENVIRONMENTAL IMPROVEMENT BOARD rejected a move to:
ban cigarette smokiingi at its public hearings., The d'ecision,
was made whenithe board was adopting guidelines, included
when smoking is premissible, for hearings within the EIB's
jurisdiction.,
IL
WASHINGTON STATE Boardiof Health votedlto ban smoking in public places
effective mid-April. The regulation does not apply to restaurants or
bars and taverns. Areas under the auspices of the state legislature
and the federal governmental buildings fall under the code. The Board
stated it had1no power to enforce the regulation or to levy any
fines or penalties against those who ignore the ruli~ng..
SECOND TRY:, Last year the Suffolk,County (N.Y.) Legislature
voted down a smoking,prohibition bill. Now the county's
board of,health is reviving what the elected officials wouldn't
do and is:prepar:ing health regulations to limit or prohibitt
smoking, in a variety of places.,
SNARL: Hennepi~n County Board chairmanisays the county will go to court
to overturn ainew Minneapolis city ordinance banning smoking in govt.
body meetings. Aniassistant county attorney thinks the ordinance could
be illegal,and,that even social gatherings in public officials" homes

-4-
could lead to $100 fines if the ordinance stands., The city attorney
says the ordinance is valid and covers any gathering of two or more
public officials.
BOARD:OF THE NEVADA DIiVISIiON of the American Cancer Society
took a significant,position on a state smoke-ban bill. While
it encourages no-smoking areas in public places, it does not
feel that statutes to provide for themiare enforceable.
Therefore, at most, it "would'suppor a joint legislative res-
olution encouraging establiishments in Nevada to set aside no-
smoking areas."
AMERICAN, LUNG ASSN.,,, heavily backing smoke-ban efforts across the country
with its tax-exempt funds, put a new "public service," tv spot on the air.
"You mind very much if they smoke," is one line from the copy.,
CLARA GOUINi, founder of GASP, was quoted in~the Baltimore
Sun:! "We'd'li,ke t'o see the ashtray go the way of the spittoon."
COMMENT BY REPORTER Lilian Thomas during an interview with TI's William
Dwyer on Chicago's clear-channel statiion WCFL: "I, being a nonsmoker,,
still cannot see why cigarette smoking should be outlawed. Seriously
I' think a person has a right to do what he wants to do, and if it's
smoking cigarettes, that's freedom of'choice."
RESEARCH
SCIENTISTS AT'NEW YORK'S Doctors Hospital andi
Brooklyn VAl hospital took a new look at the re-
cords and autopsies of lung cancer patients who died at the latter in-
stitution 1964-1973, publishing startling conclusions in the Bulletin
of the N_.Y.. Academy of Medicine: There was substantial overcertifiiaa-
tiion of lung cancer as cause of death; there was in fact no increase inn
the incidence:of lung,cancer during the ten years, while nationally the
reported deaths had risen from~ 45:,,006 to 72,000. "This Zarge disparity,,,"
the re searc hers wrote, "suggests that the reported increase in Zung cancer may,
have been due to a rtise: in diagnosed cases but may not necessariZy,refLect a true
i:ncrease of the disease."
BRITISH:MEDICAL JOURNAL, accordiingito news reports, has pre-
sented a study made at John Radcliffe Hospital outside Londonn
claiming cigarettes smoked by a pregnant woman substantially
reduce movements of her unborn,child,that hel'p it to breathe
properly at birth.
AUTOM'OTIVE INFORMATION, a newsletter offered by the Motor Vehicle Manu-
facturers Assn. "to present factual information, vi,ews and comments on
motor-vehicle related,issues of current interest," led,its February
iissue with the headline, "Smoking Called Greater Health Threat Than Air
Pollution". The article, based on a nationwide healthicost anal'ysis
publiished in the Journal of the Air Pollution Control Assn,., says the
researchers found the 1964 Surgeon General's report "laas supportediby
more evidence" than most other reports,, concluded that the "urban fac-
torsP" in lung disease isn't air pollution but "greater occupational ex-
posure, population,densitiy,, infections or smoking."
(Best artiicle,in the newsletter: Claim that a six-day air
pollution alert in the Washington, D.,C',., area was caused by
decaying vegetation in the,Appalachian:M'ountains, not motor
vehicleexhaust.)
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HEALTH ORGANIZATIONS
BOARD of the Heart Assn,. of Greater Hartford
(Conn.), turned down the,recommendation of its
education committee to ban smoking at the organization's annual fundi '
drive kickoff and awards:dinners. Reason: The prohibition would inter-
fere with the freedbm of'the 10,000 Heart Fund volunteers.
A STUDY for the Massachusetts Public Health Assn., reported
the New York Times, concludes that smokers cost the general
public in that state more than aihalf billion dollars a year
based onic:osts for fire protection, medical care and the
lost time of smokers due to illness.
The "research"' was by the New England Region of ASH, which said it is a
compilation,of "several past studies of the additional costs borne by
the general public as a result of the cigarette habit."
. ME D I', A,
JAMA KNOCKED DOWN studies suggesting Vitamin C
prevents colds, in part because in many cases
"the evaliuatiion depended'on the patients' own reports." Well,, smoking-
health studies db;, too, when i~t comes to smokiing;histories--and a1sub-
stantial number are even second-hand,, provided by relatives or acquaint-
ences.:
AN ASH ACTIVIST wrote New Engliand Journal of Medicine seekiingi
medical help iin proving a"hypothesisP' ASH developed as a re-
sult of questilonnai'res sent to nonsmokers: That there's a,
'syndrome of severe sensitivity to:smoke" whose symntoms in-
clude memory loss, lightheadedness, concentration d'ifficulty,,
personality depression,, double vision and short balckouts
which could make driving and piloting, "for instance, ex-
tremely dangerous," and could account for "a proportion" off
highway and air accidents.
SYNDICATED COLUMNIST JAMES Ji. KILPATRI~CK reviewed the new,Federal Trade
Commission report (Newsletter 118;):, concluding that it represents "'zeal-
otry and! does the FTC no credit"'. He wrote that "on the hoity-toity theory
that' Papa Knows Best, the government ((has)) embarked on a:crusade against the vile,
unhealthy,habit."
THE WALL STREET JOURNAL ediitorialized "The Federal Trade
Commission is huffingiand puf,fingibecause millions of Ameri-
cans just absolutely refuse to stop puffing on cigarets,, de-
spite the Surgeon General's warning now displayed' on every
pack."
The editorial concluded, "If Congress wants to make the warning scarier i't's OK
with,us,, but at some point we hope the FTC viZl'accept the notion that freedom eon-
sists of making some choices and distinct'ions,, and even some mistakes, without t'h'ee
benevolent guidance of'the government'."
TALLAHASSEE DEMOCRAT expressed a similar view: "You would think
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the bureaucrats had Zearned something by now. But they haven''t. They
continue trying to mou?d'our ltives by, insisting that we do what they
think is: best for us. "
CJl
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ANiEDITORIAL inithe Topeka, Kan,., State Journal suggests that increased
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concern of smokers about others' feellings is a better solution than leg-
~.
islation to ban smoking i~n public places.

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THE LIGHTER SIDE - Young comedian Kipp Addata appeared on NBC-TV's "To-
night Show" with a monologue on~smokingi. He identified himsel!f as a
"member of'a group that's now very fashionable to put down. We're calZed'eigarette
smokerss"' Addata said: "All smokers are paranoid...It' all started when they,
put those little signs on our packs of'cigaret:tes. The first one was easy to take.
Remember?' "Caution: The Surgeon GeneraZ has deter+nined'that cigarette smoking may
be hazardous to your health.' About a year later they changed it. It got a lot
stronger. 'Warningr The Surgeon GeneraZ has determined'that cigarette smoking is
dangerous to your health.' Wowl: What's it going to be Zike next' year? 'BuLletin:,
The Surgeon General says--and this is the last time he's going to say tit--anyone
caught smoking,nrill be shot.' I'd love to be at that execution. I wonder what the
last request rvouZd'be." Addata adlded, "Everywhere you go they hassle you about
smoking. At airport check-in counters: 'Yes, sir,, would you like the smoking sec-
tion, or do you want to sit inside the plane. ""
TAX E s
A 4-CENT TAX INCREASE per pack of cigarettes is
being considered by the Maryland Senate. The
increase,, limited to two year's wouTdlprovide stop-gap revenue,to be
distributed on a per-capita basis to county governments.
A House committee put, fortYi, another bill increasing the tax,
from16 cents to 8.5'cents to provide tax relief for the el-
derly.
The state administration, deeply enmeshedlin revenue legislation, has
indicated it would go along with a 4-cent-a-pack, increase but had its
own ideas regarding the use of the money to assist counties in finan-
ciia1 difficulties.
INDUSTRY
TOSACCO:SITUATION, USDA publication,, says ciga-
rette prodluction declined 1% last year, con-
sumption increased'2'%, andlper capita consumption remained the same
(;208' packs),.,
EXPORTS of unmanufacturered leaf tobacco and tobacco pro-
duct s,, "made a positive net cont'ribution to the U.S. balance of pay-
ments of nearZy,$2 billion in calendar Z9?4," according to USDA"s
March:Foreign Agriculture Circular.
FORE IiGN
SIMONE VEY, Minister of Health in France, launched
a no-smoking,campaign thiis month. Madame Vey
said' the campaign wauldibe largely an informational one, telliingi smokers
exactly how they're damaging their health.
The Miniister als
carrying any'hea
not been very ef o said she
lthiwarning
fective in doubted F
, maintai
the Unite rench cig
ning such
dl States. arettes w
warnings ould be
have
~e * +~ ~
LATEINEWS: Sen. Perc y (R-Iill.), recently proposed doubling the federal ~
excise tax oncigiaret tes because he considers smoking,a "luxury." Last ~
week he tri~ed to amen d'the Tax R eduction Act of 19 75 (H!.R.2 166) withithis
proposal. However, f ollowing a cloture v ote Frids y afterno on,
the Senate droppedlth e amendment as nongermane. ..7
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