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Acsh News & Views Volume 6 Number 4

Date: Sep 1985
Length: 16 pages
81210406-81210421
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81210406/81210421
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NELE, NEWSLETTER
ENVE, ENVELOPE
Named Organization
American Council on Science + Health
American Lung Assn
British Advisory Committee on Asbestos
Center for Disease Control
Commission of the European Communities
Congress
Consumer Product Safety Commission
Detroit News
Epa, Environmental Protection Agency
FDA, Food and Drug Administration
Ftc, Federal Trade Commission
Health and Safety Directorate
Lm, Liggett & Myers
Nature
Northside Books
Oak Ridge Natl Lab
PM, Philip Morris
RJR, R.J.Reynolds
Southern Ca Law Review
Specialty Tobacco Council
Stop Teenage Addiction to Tobacco
TI, Tobacco Inst
Tobacco Intl
Univ of Ca Irvine
Who, World Health Org
Amed, American Medical Association
Named Person
White, L.
Avrum, G.
Bennett, M.J.
Campbell, S.L.
Cassar, H.
Ciampa, G.
Cislaw, T.
Cooke, W.E.
Cunningham, H.M.
Garner, D.W.
Gehrig, L.
Gentry, F.
Kling, M.
Murray, H.M.
Olson, P.
Pontefract, R.D.
Ruckelshaus, W.
Rutherford, T.
Schecter, F.
Surgeon General
Tilden, W.
Tye, J.
Recipient
Schultz, F.J.
Date Loaded
05 Jun 1998
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R1-004
R1-041
R1-048
R1-072
Author (Organization)
American Council on Science + Health
Litigation
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G39
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81210000/1047

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Page 1: vyx21e00
t Inside: = Clove cigarettes: tobacco and spice - PAGE 3 Profile: John H. Renner, M.D. PAGE 5 Red meat: boon or doom? PAGE 6 Cigarette lawsuits - Using product ` liability to achieve responsibility PAGE 8 and physical properties, asbestos was at one time called the "magic mineral." Besides being able to withstand temperatures of over 500 C(932°F); asbestos does not react to many acids and other chemicals and is a good heat and sound insulator. This combi- nacion of characteristics makes it extremely versatile, and it has been used in various CONTINUED ON MCE 2 VOLUME 6, NUMBER 4 SEPT/OCT 1985 PRICE: $2.00 NEWS & VIEWS PUBLICATION OFTHE AMERICAN COUNCILON SCIENCE AND HEALTH • 1995 BROADWAY • NEW YORK, NY 10023 (212) 362-7044 AFTER THE APOCALYPTICS 'rlt is a book that cancer researchers, toxicolo- gists, government regulators, environmental- ists, and concerned laymen will discuss and argue about foryears:' Dr. Bruce Ames, University of ; California, Berkeley By Kathleen A. Meister PREDICTIONS LIKE THESE GREETED EDITH .. EFRONS BOOK T/leApocalypticr: Cancerand the Big Lie when it was published in June 1994, ', and with good reason: In 590 solidly documented pages, Ms. Efron had chal- lenged the scientific premises about cancer causation that had dominated discussions of -this disease in the United States in the 1970s. She had thoroughly dissected the animal can- cer test-the principal basis for cancer-pre- vention decision making-and found glaring weaknesses in both the test itself and the interpretations of its results by "regulatoryy scientists" She had charged that a great deal of the supposedly scientific information given to the American public in the 1970s by '"the science of cancer prevention, which is controlled by the government," was in fact not science, buD"ideolbgy in a white smock." And she had savagely attacked'a long list of well-known scientists and major government agencies,,using their own published words as her principal weapon. As George Higgins wrote, noTentirely facetiously, in the Boston Globe, she had raised the "serious question of whether the National Cancer Institute is worth the cost of the powder it would take to bl i " ow. tup AyearAupassedsincelhepubliealionof TheApocatyptla-moreth.nenought)rneforscienl[sts.the go.ernment, rnd the pub'tic to respond to [l. (Inset) Edith Efron, the.•uthor. (Graphias, Joyce toaesY. " sbestos in the Schools •~How Much Hazard? By Sharon Lynn Campbell Asbestos-The "Magic Mineral" " Because it has so many useful chemical t'1sBESTOS! The very word strikes terror into the hearts of many. Millions of dollars are being spent on a removal program in schoolsthroughoutthecountry.Isthererea= son to panic? Are the country's teachers and pupils endangering their health by spending the school'year in an asbestos-ridden build- ing? Before we answer those questions, let's look arwhy asbestos was purinto buildings in the firsrplace. "The thunder emanating from [this]ibook may echo through the'80s: ° Publisher's Weekly . CONTINUED ON MGE 11,
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r Asbestos ~7 "realized'that indirect exposure to asbestos t[DNTINUED FROM MGE 11- - -. . ; may atso causc al~C. nmpluyccs uI mc __ •°txvonport vocgyara in t5ngtana were sur- _ products for over 4,500 years. veyed, and asbestos-related diseases were Asbestos is actually the name of a twllec- documented in workers other than the insu- tion of minerals tharshare the same proper- lators who had worked directly with ashes- ties. The most commonly encountered tos. Some English shipyard workers became forms are chrysotile ("white asbestos"), ill with increasing frequency in the 1960s, amosite ("brown asbestos") and'crocidolite showing a 25 to 30 year latency period ("blue asbestos"). Each type has its own between first exposure to asbestos and clini- eharacteristics that make it more or less suit- cal symptoms. In 1965 it became apparent able for a given use, and each may have a that living near an asbestos factory or shar- differenrdegree of health risk. More than 90 ing a home with an asbestos worker might percent of all asbestos used is chrysotile. cause asbestos-related disease. This was One of the early uses of asbestos was fire- confirmed by another study, in 1975. At proof curtains in theaters, after a series of present, we do norknow how likely it is that fires in the gas-lit theaters of the 1800s killedI exposure to ordinary environmental asbes- hundreds of people. Its use in the ships built tos from the dust of old buildings, insulation during World War II was a critical and useful deterioration, or brake linings will result in part of the war effort, Applied to structural asbestos-related disease, but apotential haz- steelwork of large buildings, asbestos pre- ard is clearly implied: - venu the heat of a fire from weakening the How Does Asbestos Cause DiseaseY girders which would result in the eollapse oP the building. Asbestos products that are intact are not a Even today, despite the concern over its danger. It is when the tiny asbestos fibers are potentialito cause disease, asbestos is con- released that problems arise. Iralso appears tained: in many products. Textiles, paper, that asbestos alone is probably not capable ropes, wicks, stoves, filters, floor tiles, of causing cancer. However„a 1983 study roofing shingles, clutch facings, water pipe, shows that if an individual has been exposed cements, fillers, felt, fireproof clothing, to other substances known to cause cancer, gaskets, battery boxes, clapboard, wall- such as the chemicals in tobacco smoke, the board,,fire doors, fire curtains, and;brake asbestos fiber may enhance the other agent's linings may contain asbestos in varying carcinogenicity. Whatever the exact mecha- amounts. . nism, smokers have about ten times the risk The Flawed Miracle of developing lung cancer as nonsmokers who are exposed to asbestos. Asbestos One of the earliest studies documenting a hazard to humans from asbestos was pub- lishedin 1900, when Dr. H. Montague Mur- ray described pulmonary fibrosis at autopsy in a worker employed 14 years previously in an asbestos textile factory. W.E: Cooke, writing in a British medical journal in 1927, gave the name "asbestosis" to Dr. Murray's pulmonary fibrosis. British experts sur- veyed milliemployees in an asbestostextile operation in 1929 and recommended meth- ods to reduce employee exposure to the dust. Optimistically, they predicted that "the out- look ... is good.... In the space of a decade or thereabouts, the effect of energetic appli- cation of preventive measures should be apparent in a great reduction in the inci- dence of fibrosis." ~ - - While the incidence of asbestosis did go down, thrfirst report of lung cancer in an asbestos worker was published in 1935. However„it was not until a large-scale study of insulation workers was published in 1964 tharthe association between asbestosis and bronchogenic carcinoma (a type of lung can- cer) was suggested in workers using products workers who smoke seem to have a 50 times greater incidence of lung cancer than non- smokers who also are not exposed to asbes- tos. An earlier study of asbestosis found that nonsmokers who had been exposed to asbes- tos for 20 years did not have the condition, whereas 29 out of 45 smokers who had been exposed for the same ltngth of time did - CONTINUEDONPAGE4 mesothelioma, and other substances have pymsenitythe Environmenlrl Proteetioa Agency requires that 1) dtschools be Inspected for asbestos; 2) had similar effettss in laboratory studies:.. .ppropriate records be maintained; and 3).parente.ud employeestie notified of the results of the inspec- It was not until the late 1960s when it was uoa. containing asbestos. Mesothelioma, a rare tumorof the lining of the abdomen or chest, was reported in South Africa in 1960 among some individuals exposed to certain types of asbestos. Whether asbestos is the sole cause of mesothelioma is unclear, because prior exposure cannot be confirmed'in all cases of develo iti p To date, there is no information about just how much asbestos is required to cause disease. Most of the existing data come from studies of individuals exposed to extremely high levels of asbestos in the workplace before occupational standards were estab- lished. Little is known about the effects of exposure to asbestos at levels experienced by the averagreitizen. As a result, there is no information on what level of asbestos is safe. There are limits sev for occupational exposure, but these levels are undergoing reexamination. While some scientists insist that even a single fiber can cause cancer, a look at the levels of asbestos in the air we breathe and the water we drink suggests oth- erwise. A study by Hugh M. Cunningham and Roderic D. Pontefract, published in Nature on July 30, 1971. shows various cotnmercial beverages and drinking water samples to have between 1.1 million anI 33.5 million fibers per liter. Many scientists are skeptical of the claim that a single fiber constitutes a hazard. Asbestos in Our Environment Asbestos is widely dispersed in nature. There is a certain amount of asbestos in the soil, water and air from natural deposition. As a resuln of asbestos insulation, deterio- rating brake linings, and other sources of asbestos, both urban and rural areas may, have ambient asbestos levels. Measurements made in 1974 showed that rural areas of Pennsylvania had 10 to 30 nanograms of asbestos per cubic meter of air (ng/m'). (A nanogram is a billionth of a gram.) In New York City, Manhattan had levels of 25 to 60 ng/m', the Bronx had 25 to 28 ng/m ; and Staten Island had 11 to 21 ng/m'. What remains unclear is thrhealth effect of this ambient exposure. The public health risk is apparently limited to an increased
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ove Cigarettes: A Serious Health , . _ . _ :i, Hazard? =- I i I ii Sales of the imported clove cigarettes have sho wn an alarming gro wth, doubling each year since 1977, according to Tobacco International magazine. » The trendy smoke among young people in many parts of the country today is clove cigarettes. Imported from Indonesia, they look different-and more exotic-than American cigarettes. Their smoke smells like cloves rather than burningtobacco: The brands have names like "Djarum" and' "Gadang Garum"„and the packages iden- tify them as "clove sigarets" (sic). Sales of the imports, although only a small'fraction of cigarette sales in the United'States (150 million clove cigarettes in 1983 compared with 650 billion domestically produced cigarettes) have shown an alarming growth, doubling each year since 1977 according to Tbbacco International magazine. Most of the people who smoke them are under 30; many are teenagers. Despite the misleading packaging, these cigarettes are not primarily made up of cloves;theirtobaeco content varies from 60 to 70 percent. The tobacco in these "kre- teks", as they'are called, has been shown to produce as much nicotine and carbon mon- oxide as American cigarettes and signifi, cantly more tar, according to the Oak Ridge National Laboratory in Tennessee. Thus,, like other tobacco cigarettes they constitute a serious health hazard. Cigarettes are the number one preventable cause of death and disability in our society. But kreteks are probably even more harmful than conventional cigarettes. A storm of controversy broke over the imported smokes in March of 1985 when a young man in southern California named Tim Cislaw died of a pneumonia-like illness after smoking clove cigarettes. His physi- cian„Dr. Frederick Schecter of the Univer- sity of California at Irvine, believes that the clove cigarettes were an important contrib- uting factor leading to the death. The Cisl9w family has filed a 25 million dollar lawsuit' against the manufacturers and importers of the Indonesian cigarettes. The Centers for Disease Control (CDC) in Atlanta issued a report in late May discussing twelve reported cases of severe illness possibly associated with smoking clove cigarettes. New Mexico and Nevada have already banned the sale of clove cigarettes, and other states are considering similar restrictions. Unknown Properties A distinctive component of cloves, which Despite the misleading packaging. clove cigarettes" am not primarily made up of cloves; their tobacco content varies from 60 l0 7a percent. . gives them their characteristic odor, is euge- nof, a well-known substance that is often applied topically as a dental anesthetic. Eugenol has been widely used for many years, and is currently regarded as safe for topical application by the U.S;, Food and Drug Administration. However, it has recently been studied as a possible cause of allergic reactions in some people when applied topically. LL The trendy smoke among young people in many parts of the country is clove - cigarettes. 51 Clove cigarette users inhale the smoke of burning eugenol, they don't use it topically. There has never been a study of the proper- ties of burning eugenol. Nevertheless,,it is well accepted that the effects of ingestion or topical application of a plannproducnmay be entirely different than those of inhalation 'when it is burned. Even a plant as innocuous as lettuce, for example, is toxic when burned. There are currently two different theories s about the dangers of burning eugenol, according to Michele Kling, spokesperson for the American Lung Association. Some scientists believe that eugenol immobilizes infection-fighting cells. If an infection is present, as in the case of Tim Cislaw who apparently had the flu when he smoked clove cigarettes, the eugenol might allow the harmful virus or bacteria to flourish and cause a serious„possibly fatal, case of pneu- monia. Other scientists believe that'burning eugenol triggers an acute allergic reaction in some people. The scientific mystery regarding the effects,of clove cigarettes may begin to be dispelled, however;, because the CDC has committed itself to begin a study of this important issue soon. The Politics of Cloves There is certainly no mystery about the reaction of the clove cigarette manufactur- ers and importers to the publicity surround- ing the death of Cislaw and other adverse news. ln a movenharacteristic of America in the 1980s they have formed an interest group, the Specialty Tobacco Council, and have vowed to fight all efforts to restrict the sales of clove cigarettes. - - California kretek importer Hugh Cassar, a founder of the group, says that clove ciga- rettes are no more hazardous than any other cigarettes. "These products have been around in Indonesia for more than a century and not a single ineidenrardescribed in this country has happened'there " Gary Avrum, executive director of the council and a lawyer from Winston-Salem, North Carolina, admits, however, that no study has ever been done of the health effects orelove cigarettes. Avrum concedes that the council was formed because of neg- ative publicity surrounding kreteks and a consequent drop in sales. He says that many retailers are afraid to sell clove cigarettes because of the bad publicity. The council's purpose, he says, is to give "the positive side" of the clove cigarette story to the pub- lic. In addition„ Avrum vows to challenge thc constitutionality of state statutes ban- CONTINUEDON PAOF 13 :~-,
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Asbestos (CONTINUED FROM MGE 2), incidenee of some malignant tumors but probably not an increased incidence of asbestosis. The conclusion reached by the British Advisory Committee on Asbestos Cancers in 1972 was that "there is evidence of no excess risk of mesotheliomas from asbestos air pollution which has existed in the neighborhood'of'chrysotile and amosite mines. There are reported differences between urban and rural areas, the causes of which have not been established. There is no evidence of' a risk to the general publir at present:' The conclusion that a working group of experts arrived at in a reporrto the Commission of the European Communities, Directorate-General for Social Affairs, Health and Safety Directorate some four years later was "if the risk is substantial [from ambient exposure through air, water, drugs, beverages,.and food] it is hkely it would have been detected by now " Asbestos in the Schools Schools built or renovated from 1940 to 1973 were required to have asbestos insula- Unfortunately„the EPA does nofsuggesc any concrete guidelines for evaluating expo- sures. The EPA has produced a book telling school officials how to inspect and'evaluate the condition of the asbestos-containing material. Some considerations include the presence of water damage, exposed surface area, accessibility, , activity, and movement4 friability and asbestos content. Air samples alone are specifically rejected'as an evalua- tion tool because of several technieal fac- tors. By not mandating removal, the EPA has forced school districts to find funds to pay for whatever remedy they select. Otherwise, points out Mr. Ruckelshaus, "the federal 'government would have been ordered [by the courts] to pay for it." Without the con- straint of having to bear the eost; school dis- tricts would most likely demand complete safety by having all asbestos replaced with a substitute. Unfortunately, many of these substitutes do not have a suff icient record of either testing or use to establish theihsafety, and they are more costlythan asbestos. The cost of removing asbestos in a single . medium-sized school is around S 100,000. . tion as a fire safety measure. Besides thiss sprayed insulation, asbestos has been used - in such materials as acoustical insulation, cement products, plaster, fireproof textiles, vinyl floor tiles and thermal insulation. As long as the material is intact, there appears to be no need for concern. ii The asbestos danger arises when damage from ordinary wear-and•tear, vandalism, or water makes the material friable. » The asbestos danger arises when damage from ordinary wear-and-tear, vandalism, or water makes the material friable. This means that it can be easily crumbled, pulver- iud or redhced to powder in the hand„and hence it may be capable of releasing fibers. It is important to note that not all friable materials contain asbestos. Microscopic or chemical testing and studies on crystalline structure are necessary to confirm that the friable material is indeed asbestos. Presently, the Environmental Protection Agency (EPA) requires that 1) all schools be inspected for asbestos; 2) appropriate records be maintained;,and 3) parents and employees be notified of the results of the inspection. The EPA deliberately does not require removal. George Ciampa, a Boston- based EPA attorney, described the policy in an article by Michael J. Bennett in the Detroit News. °The theory is the mothers will' form a vigilante mob and storm the school committee to do something." Mr,. Bennett reported that former EPA chief W illiam Ruckelshaus said, "The idea of the approach was to put the pressure on the school boards through publicity to clean up, if in fact cleanup was necessary." 4 66 One way to ensure that the removal or other work is really necessary is to hire a Certiflied Industrial Hygienist orProfes, sional Engineer, not connected with asbestos removal Jrrms, to do a separate inspection and to monitor the contractor's work habits. ~ J Removal, Enclosure, and Encapsulation When friable asbestos is foundi there are four options available. It can be removed entirely; it can be enclosed to keep it con- fined; it can be sealed with some material (encapsulated); oq,ifrthe asbestos is in good condition, action can be deferred. If action is deferred, the asbestos-containing prod- ucts must be checked periodically to assure safety. Removing asbestos is not a simple job. If it is done incorrectly, the removal'workers may be exposed to high levels of airborne asbestos fibers- Exposures may also arise if the asbestos is not properly disposed of, and the asbestos in the surroundingg air may actu- ally increase. Proper planning to contain any fibers in a restricted area is essential, and workers must wear properly designed protective uniforms, gloves, boots, goggles and respirators for each part of the job. Final cleanup must ensure that all asbestos fibers are removed. Asbestos removal is expensive. Yet most school districts must allow bidding on the job and accept the lowest bid. Points out Frank Genty, an independent consultant on asbestos, "The low-bid'contractor selection process is leading to disaster. The lowest bid- der is the one with the least knowledge,,or the one who will cut corners." More than one school has been left with a greater expo- sure problem after removal than before. While it may be necessary to wait until the students are on vacation, it may be possible in some circumstances to close off successive sections of a building so that the work can be done during the school year. Most likely, concerned parents and employees will press for waiting because of their concerns about exposure. __ Another concern about removali is the possibility, of an increase in the risk of fire deaths and injuries. Asbestos that has been removed'musrbe replaced'with a substitute as mandaied by local building codes. This substitute must be chosen carefully to ensure that fire protection is maintained and that the substitute is not itself a health hazard similar to asbestos. - - Removal is not the only possible solution. Enclosure to ensure that asbestos is not able to get intoo breathing zones is another option. This is often done by putting up a banging ceiling to block off sprayed asbes- tos. It.is.quiteinexpensive, wh'ere.it is feasi- ble, but there is always a chance that friable asbestos may be disturbed'when ventilation systems are serviced or repaired. Encapsulation of asbestos is a method of coating friable asbestos with a sealant. One big advantage is that no substitute insulation must be applied. Encapsulation can be done only if the asbestos is firmly bound to what- everr it iss insulating and if'; it is in an area where it is not likely to be damaged by stu- dents, equipment, or anything else. Thebig- i L Asbestos products that are intact are not a danger. It is when the tiny asbestos ffbers are released that problems arise. 5 9 gest advantage is that encapsulating firmlyy bound asbestos does not release fibers and thus should not cause any hazard to workers performing this work. What Should We Do? Each building's asbestos presents a unique problem in evaluating the level of hazard. In some cases, removal will be the best option for reducing the hazard. In other cases„the asbestos will prove to be not friable, and more danger would be created than removed with the asbestos. Substitute products may or may not be affordable or available for all uses, and removal of asbestos without replacement might create a fire hazard where there once was little. Concerned parents and employees can and should be sure that the school ihas been and will be inspected regularly. If problems with asbestos develop, they should be dealt with as safely as possible. The problem of the "low-bid" contractors' potentially dan- gerous work habits will have to be worked CONTINUED ON PACE 10
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4 Meet ACSH Advisor John H. Renner, M.D. LL ... major disintegration of the family. With our society's high mobility and changing values, the care and resources that family members used to provide one another are now relegated to nursing homes, day-care centers, insurance companies and other institu- tions. Thissh'ift has proved costly in economic, emotional and spiritual?erms. » Professional Activities: Director„Sisters of~ St. Mary's Regional Family Practice Res- idency Program and National Family. Practice Research and Development Center, Kansas City, Missouri; Clinical Professor of Family Medicine and Asso- ciate Chairman for Research, Depart= ment of Family Medicine, University of Missouri at Kansas City; Chairman, Kansas City Committee Against Health and Nutrition Fraud and Abuse. Education: M.D., George Washington Uni- versity School of Medicine, 1958; A.B.,, Dartmouth College, 1954. Professional Interests: "Teaching the prac- tice of family medicine to medical stu- dents and residents; . educating patients by providing information about health and stimulating them to become active partners irctheir health care; broadening the knowledge of physicians in such areas as nutrition; and educating consumers to discern quackery and to make informed choices about health care." Turning Point: "Some of the patients I cared for in my private practice twenty yearss ago impressed me with their strong inter- est in health. They asked many ques- tions, and I found that helping to increase their,medical knowledj;•e laid the groundwork for aa health partnersh'ipthat was mutually rewarding- I realized' that an appropriately educated patient eould'Ifave a positive effect noronly on his or her own health but also on family and community health. That was a turn- ing point for me. "I began to organize self-care classes and to encourage certain patients too share the expertise which they had devel- oped, e.g., chronically ill patients to help those newly diagnosed with the same dis- ease,, and experienced parents to assistt new parents. In addition, I became active in local government to help educate com- munity decision-makers aboun health issues. Building on all of this, I eventu- ally left full-time practice for a new career as an educator and health advo- cate" What are the most important public health problems that Americans face today? "I think that there are several: "Increasing health consumerism presents both problems and opportuni- ties. The accurately informed person willing to take responsibility for his or her own health willibe a positive change agent as cost containment makes each health care decision important. How- ever, the uninformed or misinformed person will fall prey to the hucksters and money-oriented practitioners. One major problem is the public's unques- tioning acceptance of much 'health information' in the media along with a widespread'. inability to separate honest debateirom sales hustle. "A second problem stems from the major disintegration of the family. With our society's high mobility and'changing values, the care and'resourcesthat'family members used to provide one another are now relegated to nursing homes, day- care centers, insurance companies and other.institutions. This shift has proved costly in economic, emotional and spirit- ual terms. "Finally,.there is the challengee posed by the increasing ranks of aging citizens. Many of these people cannot enjoy retirement because of diminished finan- cial resources, increased medical'burdens and a lack of preparation for the emo- tional aspects of retirement. These prob- lems will increase as senior citizens become a larger percentage of our popu- lation:" John H. Renner, M.D. What is the most important public health accomplishment that you expect to see in the coming years?. "For some time, there has been a growing base of knowl, edge about the.consequencesof risky health behaviors- Now we are seeing the beginnings of public and private sector action founded on this knowledge. Smoke-free environments, mandatory seat belt laws, and regulations requiring truth in health advertising are examples of this trend- "'The most important outcome of this new activityy will be that people who engage in risky health behaviors will have to pay higher costs-in the form of increased insurance premiums or some type of taxes. People who maintain healthyGfestyles will be rewarded, prob- y ably with lowered insurance premiums." Personal health code: "To maintain a zest and enthusiasm for life; to continue learning; to be stimulated by students and other learners; to keep mental, phys- ical and spiritual'tiealth in balance, and to improve the health environment around me through such actions as estab- lishing smoke-free surroundings at home„work and elsewhere." Why did you join ACSH1 "I admire the ~, Council's fire and bravery. I have been e impressed byitie publications of ACSH, X . and I have known some of its advisors. i -TheCouncilyactivity.fitsinwithmygoal > of continually broadening the medical/' 3 heallFieducation ofmy patients, students Z and residents, fellow practitioners, and = the publi¢ " ~ 5
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~ he Red Meat RED MEAT. The food that once symbolized , strength, vigor, virility, and success is now getting top billing as a life-shortening vil- lain. While there have always been those few who shunned mear for moralistic or reli- gious reasons, today everyone from starlets to athletes has jumped on the anti-meat bandwagon, making it very fashionable to say "f don't eati meat" in a tone tharwould suggest that eating a thick, juicy, char- broiled steak is an act of immorality, lunacy, or suicide. Meat-eating has become an emotional issue fueled by myths, half-truths, and dis- tortions which have left many Americans confused or misinformed about the value or ramifications of red meat in their diets. How Much Meat Do We Eat? Confusion about meat begins with the question "How much meat do Americans eat?"'Aceording to the U.S. Department of Agriculture (USDA), red meat "consump- tion" in 1982 (including beef, pork, veal, and lamb) was allegedly 139.4 pounds per person in that year or about 6.1 ounces per person perday. This statistic is often quoted but rarelyezplained, leading to several mis- conceptions about the contribution of meat to our diets- USDA "per capita consumption" statis- tics actually mean the "disappearance" of food from the farm or ranch into the mar- ket-not into the consumer's stomach. In the case of red meat, these figures are based on "carcass weights" of slaughtered ani- mals. These carcass weights include fat and bone that never make their way into the supermarket package or restaurant kitchen, so statistieians reduce these primary product weights to trimmed salablee cuts (retail weights) which are reported as the USDA consumption figures. Men Women n Our Diet Good Or Bad? These retail weight figures are still an overestimate. They would be an accurate picture of how much meat Americans actu- ally eat only if we consumed every bit of food that goes to retailers. However, no allowances are made for bones, trimmab6e fat, cooking losses, spoilage, or any meat wasted or fed to the dog. • A more accurate estimate of red meat con- sumption has recently been published by the - ` Nutrients in Red Meat This average four ounce portion of meat represents a total'of 327 calories or about 16 percent of the 2;11(10 calories a typical adult female consumes each day. Are these ca)o- ries well spent? Table I gives the percentages of the Recommended Dietary Allowances (RDA) provided by 4 ounces of cooked red' meat. Ch.nges In breeding and feeding tMhniques have resulted ta 10 percent tewerht ealories in beef, while pork hae less than half the fat it once had. National' Live Stock and Meat Board (NLSMB). This data, based on USDA con- sumption figures and meat composition studies, suggests that Americans actually consume about 35 percent less red meat than the disappearance figures show. According to the NLSMB calculations, Americans actually ate 91.12 pounds of cooked red meat in 1982, or about four ounces per per- son per day. For good nutrition, a food'tharcontrib- utes a proportion of a person's calorie allot- ment should contribute at least a similar proportion of the person's daily nutrient needs. As the table shows, red meat carries its weight nutritionally. While some of these nutrients, such as protein, can readily be obtained from non-meat sources, others are not so easy to come by. Vitamin B,,, forinstance, is only found in Table 1. Percent of RDA Provided Per Capita by a. 1C 45.5 57.9 213 29.8 Red Meat in the U.S. Diet, 1982 e .~ A ~ ~ ` 16.1 21.5 23.8 32.9 ~ ~ 7160 7160 24.8 13.8 C W 31.8 31.8 6
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animal foods, so true vegetarians must rely on supplements or fortified cereals. Of course red meat isn't the only source, but it is near the top of the list: You would have to cat about 23 ounces of roasted chicken, 9 ounces of cheddar cheese, 20 ounces of plain yogurt, or 7 ounces of fiounderto obtain the amount of B„ found in 4 ounces of meat. Iron deficiency is probably the most com- mon nutrienfdeficiency in this country. Red meanis one of the best sources of food iron. Not only does it have a higher percentage of iron than most other foods do, but about 50 percent of the iron in red'meat is "heme" iron which is much more readily absorbed by the body than the "nonbeme" iron present in fruits, vegetables, grains, soyy products, and fortified'foods. Many non- meat' iron sources are also high in fiber or phytic or oxalic acids, all of which inhibit' the absorption of iron. Furthermore, the presence of even small amounts of meat Li Today everyone from starlets to athletes has jumped on the anti-meat bandwagon, makinq it very fashionable to say `I don t eat meat' in a tone that would' suggest that eating a thick, juicy, char-broiled steak is an act of immorality, lunacy orsui- cide. 19 enhances the ability of iron to be absorbed from non-meat sources. Zinc is closely linked to protein, but ade- quacy of protein does not assure adequate zinc. Noronly does zinc content in different types of protein vary greatly, but the avail- ability (i,e., solubiGty and absorbability) of the zinc also varies widely. Red meat has a high zinc content and availability. Zinc is also found in vegetables and grains, but the zinc content of vegetables depends to some extent on the zinc content of the soil. The availability of the zinc in cereal grains is reduced by the presence of phytic acid. The fiber present in plant foods can also reduce the absorption of zinc. Other animal sources of protein arralso reliab1esources of zinc,, but it takes 41 ounces of milk, IS ounces of tuna, or six and one-haaf eggs to equal the amount of zinc found'in the average 4 ounce portion of red meau Red Meat and Fat Of course most of the attention given too meat in the last few years has had little to do with its contribution of essential vitamins and minerals. Instead, red meats have been singled out bytFie public as a major fatty cul- prit in several "modern" diseases, including obesity, atherosclerosis, and some types of cancer. The relationship of dietary cholesterol and dietary fat to various health problems has had a long and seemingly endless history One average four-ounce meat serving contains almost the same amount of cholesterol as four ounces of roasted turkey'and less than the same amount of roasted chtckea. more fat would reduce fat intake even fur- ther. I For those following a low-fat diet, this moderate amount of meat can easily fit into recommendations by the American Heart Association to reduce dietary fat to 30 per- cent of total calories with saturated' fat' accounting for less than 10 percent of total calories. ' And what about cholesterol? Actually, one average 4 ounce meat serving contains 87 mg of cholesterol-almost the same as in 4 ounces of roasted turkey (84 mg) and less than in the same amounfof roasted chicken without'skin (100 mg). Cutting out red meats will reduce dietary fat and cholesterol, but the cost in vitamins and minerals could be high.for individualss who are presentlyy eating only moderate amounts of these nutrient-packed foods. A better way to cufback on fat and/or choles- terol intake without decreasing the nutrient density of the diet ia by choosing lean cuts of meat and removing all trimmable fat, select- ing lowfat milk and dairy products, and reducing consumption of oils, shortenings, and faf containing salad dressings and table spreads. ii The relationship of dietary cholesterol and dietary fatto various health problems has had a long and seemingly endless history of disagreement and debate, and the controversy still rages. 9 9 of disagreement and debate, and the contro- versy still rages. These issues have distorted the reality of how the red meat in our diets figures into our consumption of fat, satu- rated fat, and cholesterol. The proportion of calories provided by fat in the American diet has increased from 32 to 43 percent since the beginning of the century, while the proportion of carbohy- drate declined reciprocally. Increased'red meat consumption is often blamed for this change. But it's the increased amount of fat from vegetable sources, not animal:sources, that is responsible for the 30 percent increase in total fat we've seen. Between 1909-13 and 1982, use of fluid vegetable oils, primarily salad and cooking oils, increased from 1.5 to 23.3 pounds per person per year. These fats, for the most part, are "extras" in the diet, supplying calories but little else. Red meats are also a major contributor of fat to the diet. But the latest USDA nutrient profiles for red meat show thavif is signifi. cantly Iower in fat and calories than it was 30 years ago when the last composition studies were done. Changes in breeding and feeding techniques have resulted in 10 percent fewer fat calories in beef, while pork has less than half the fat it once had. The 4 ounce portion of meat that the typi- cal American eats each day contains 213.3 calories as fat or 10.7 percent of the calories in a 2,000 calorie diet. Less than 5 percent of these total fat calories come from saturated fats. And this estimate is based on the assumption that 50 percent of the fat on the meat will also be eaten. •Itimming away Red Meat and Dieters The high nutrient density (ratio of nutri- ents to calories) of red meats also makes them an excellent choice for those counting calories. For instance, a 3 ounce serving of cooked lean beef contains only 192 calories, but it provides even a higher concentration of vitamins and minerals than the fattier cuts: But, again, moderation is the key. A 3 ounce serving of lean meat will easilypaySor itself nutritionally on a calorie-restricted diet, but a 16 ounce prime sirloin will not. The nutritional importance of a food depends not only on its nutrient content, but also on the quantities in which it is eaten and the composition of the rest of the diet. No food' is perfect. Excessive consumption of any food or beverage is unwise. Red meat, or any othensingle food, is not essential in the diet for anyone-man, woman„or child. It is, however, an easily obtained, easily prepared, nutritious food which a majority of Amerieanss enjoy. It doesn't deserve to be made a scapegoat for all the health problems that trouble modern Americans. Delia Hammock, M.S:. R.D., is a nutrition consultant in New York City.
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Cigarette Lawsuits: Using Product Liabili Jo Achieve Social Responsibility : By Joe Tye tGARErrES ARE UNIQUE AMONG PROD- belief in the factual credibility of the warn- By the early 1950s there was substantial' ucfs legally marketed in this country ing and castdoubt about the scientific basis medical research indicating that cigarettes because they cause a substantial risk of of the link between cigarettes and debilitat- were a cause-indeed the primary cause-of addiction and serious physical harm when ing and life-threatening disease. lung cancer. While it was perhaps arguable they are used' in the manner and' quantity . Third, through product advertising, the that an airtight case had not yet been made intended by the manufacturer. Despite the industry has attempted to create a pereep- linking cigarettes with lung cancer, the evi- nearly unanimous consensus of the medical WWn that,cigarette smokers ar,e healthy~t~,~ea jainly clear enough to have community that cigarettes are tbe~ationts at~e ttc'ndividuals-vyho aie in 2ontto~ o'f *~pos 'a~ty to warn consumers of the -1. "r - .3, .~.- i leading cause of preventable di~ease~and~[hb ri~tvgs.f~ • is4agetw~(t~iignificantly ~~~~y .re_ce subjecting themselves to by death, with a concomitant toll of~per~ontal dtb'erges2'r6 there'altt~-L{garbtteadvertts ,rsntokmg°y~sS~1, the industry stubbornly sufferingandeeonomicloss,todatenociga '.in6hazitsgreatesfT~tpar'?4o~ children; ~Le~Tefusedl2 ls~ewarnings. Word-of.mouth rette manufacturer has ever lost a product F•averagesmokefbeginsintl'reinid-teens,and ~~ tbe only typc of health warning con- liabilitylawsuic ';manyareheavr°lydependenaythetimethey, sumerareo'ct-edpriortotheCongressionally This is not, however, the unalloyed recoid reach an age wherc they are eapable otmak_ dated wai ing of 1965. '' '~ it mighnseem. Several early cases decided in -ing iationat_ Qectstons rabout th the victims"favor were overturned on reta 'behanor k tively narrow grounds. Additionally, since the last reported case was decided in 1972 ftertjleFederarZ}ade therehavebeensignificantchangesinprod , '«A , o r0- uct liability law, making it more "pra con ' CommfSSJOn stepped in I ~oma_' sumec"'Most important, a growing bodqof ~hibit cigarette adv ertrsers , , research has conclusively documented that making UnStllJstanti'ated 7nkdl~a of ' cigarettes are addictive and cause a range :Cla11Ils the trade dfscovereld a: diseases far broader than was~2 arGe k~'ar more powerful tqojjo corh- i"' believed. . rt.;, ,X .,,3... there are about 100 resent time At the , p ro ectron advertisrn product liability lawsuits prnding against p. l g~~x~ < cigarette manufacturers on behalf of victims , of cigarette-induced diseases. The eourts should recognize the unique harards of ciga r~Che 1965 wa~'ning did not, however, even irmotety iniiiate the gravity of the harm assoctated ;.vifh cigarette smoking. The stry lobbiad heavily to have the origi- y propos4 warning gutted; removed w%as anq ref~erq~ce to lung cancer ar other ¢pettfie diseasd5, as well as a requirement a`ctgarefte advertising include a warning adver_tising~did not carryy warnings.until 972, after cigaiette ads were removed from Ievision}3In,1970. and 1984,..when Con- 'eas-moved tb make the warningg more OffeceivE the tigarette lobby endeavored to tieepitnonspec fic and inconspicuous. Most ress was able to enact the new ec ntly Con + rj ' 3 F g - I allure oWdrn ~ tttg health warnings only after remov- ~~ ~~€~ k hewords jdeath","miscarriage",and rettesmokingandtheunprecedentedefforts ~_ _`eretsaweIltstabhshed oralandieg of the cigarette industry to cover up these duty_thateorporationsmustwarn e'ustomers~~Wdictioii°-~ well-documented risks of ~oking-fro the labels, and dropping a azards associated with use of a and impose liability, not only for of potenttal h hazards ~ , , the purpose of compensating the victims ~;product Thts dutydop~ pOt begm onlysfter a oposed re~utrement that exported'ciga- but more importantly, to induce cigarette tlte ¢tanufacturer'~has,personalfy become a ttesmcludev~armngse companies and their advertising agencies to "eoavinced that the danger b reat Ratherr rt 'fbe ctgaretteamdustry s ability to prevent market their products in a more socially rsestabltshedassoonasthereLKCrcdt-bletvt spectfic warntngs has resulted in a great responsible manner: "1mdtcadng that'a danger rftrght extst~ J manypeoplest~rtmg or cont,nuing smoking. It will be argued by the cigarette compan .'f1te w~armng must be explictt enough~o hout a real~ derstanding of the hazards. ies and perhaps others that the tobacco „allow ihe custopter t0 make a dt<won after~ r exampleytr] 1984 the American Medical industry should not be held liable for the ~fully.mformed :constderation of all;rtslcs. soctatton u~ged that the following be damage done by its products because any One law profeasor at Stanford>:Tmverstry requtred ENAGERS; Smoking is one who smokes today knows or should `prowidedthefollowmganalogy AddtcttvetiNber Starting Means Never know the nature of the risk they are taking ~' ySuppose you owned a'beatCtif 7 Havtng to QuR~ Despite the collective urg- and if they are injured, it is their own fault. kker with a whitE sandy Leach~' ~tt~g ofShe`mWt~al communityr the cigarette The courts, however, should seF aside thts ~ d a boardvialk: "~ou adyer- dttstryviras-a~le to prevail uponCongress. logic in light of three unique aspects of ciga sed yourlake wtddy as s vat~a= i._ not r'equire an addiction warning, rette marketing. First, cigarette Inanufac tion resort and on thehtUover- ~' becauseit fethat this would undermine turers have failed'to warn constimers of the ooking the lake y_oui plaeed' a iu postt foq that~eople who smoke do so out possible dangers of smoking Theyave bdlboard with,~he picture of ~'. attheirOwnfreechotce. known oF these dangers at leasI smce i!t'e "~`a a' retty girl on waler" skis sayin~ z Although >~st people know than ciga- ~ua~0tlip re$es are`?;o how hazardous, relatively 1940s-that is clear from the dtverstori ori- Come oot tn, the water~ ented advertising themes they have tised,=~But, let us say,"you also grew v~+-fewareawareofspecificdangers.Forexam- Nevertheless, it took 20 years and an act of crocodiles in that lake-a fact ple, one survey showed that 53 percent of Congress to have any warning whatsoever placed on cigarette packages. Each time the content of that warning has been reconsid- ered„the industry has fought to keep it as vague as possible. Second, the industry has used "advocacy advertising" to underminee the public's 8 not mentioned in your advertis- smokers do not know or believe that smok- ing. It would probably be con- -,sidered inadequate by the courts ifyou placed a small sign on the beach saying 'Caution: Swimming May Be Harardous to Your Health.' ing is a major risk factorior cardiovascular diseases, and'55 percent don't know that iti causes bronchitis. One of the lesser known dangers of smoking is that pregnant women may harm their infants if they smoke. It has been estimated that about 13,000 infants die 0 E''~-
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i i Aside from requiring relatively ineffectual warning labels, Congress has functioned more to protect the ci#arette industry from regulation than to protect the public from the hazards of cfgaretteaddiction. 19 : .. :: :. ,.;, - .. each year-one-fifth of all perinatal In 1985, R.J. Reynolds ran a nationwide like Bill Tilden and Lou Gehrig promising deaths-because of maternal smoking. Still, advertisement intended to cast doubt on the "Camels Don't Get Your W ind: So Mild You the cigarette industry was able to have the linkage between cigarette smoking and coro- Can Smoke All You Want!"' word "miscarriage" replaced by "complica- nary heart disease. The ad discussed the As medical research increasingly began to tions of pregnancy" in one of the warnings findings of the Multiple Risk Factor Inter- show that cigarettes were causally related to approved by Congress in d984. To a teenage vention Trial (MR FIT): This study evalu- lung cancer, the cigarette companies began girl, however, , complications of pregnancy ated the heart disease risk of men randomly to use borrowed medical expertise to assure may as well mean cramps or headaeh tributed into two groups. In a special customers of the salubrious qualities of the risk of killing her baby. 'Iwo-t ' s of in ention group, health improvement smoking. During the 1940s, Philip Morris teenage girls who smoke contifiiYtt smoke str tgies were to be used, inchtdingquitting ads claimed "This Superiority of Philip during pregnancy, demonstraphg tlie~nef- smq ling, People in the control group were Morris Recognized by Medical Authorities" fectiveness of word-of-moutlt warning• ~` - t ontinue with usual care. When the data (emphasis in original)j R.J. Reynolds' ads The cigarette industry 5 aigumart t~tat it ie analyzed, there was not a statistically for Camels featured famous singers giving does nonowe its customerythe duty of ` gnific~11~+~ ~~;tear. -_3,tlhial> to the effect that they smoked cific warnings because of the mtagined~ sci- ase mdril{lfty ~ TfetbP~h' Yife~.~}~u e sslftyorder to protect their voices. In entific eontroversy concer smotp lbou there was a favorable trend'in the boldface type, the ads concluded, "More and health should be dispnse~~or: g ~tett~ ~ven n group). This is what Reynolds Doctors Smoke Camels Than Any Other credible evidence mdicates that~4-"~..r~tatn m .... as demonstrating that the "con- Cigarette." thelyl950s,thtfirstcomprehensive product is hazardous, publ_tcpolKptYtisw ' ovei sm~(in~' ~ltM,~et~oqin~ In ear country shifts the burden:o£~ropf t4 tli~ano~ane.^ V~j/V~ ¢\medical studies to strongly link cigarette manufacturcr. A duty toxwarn;xtsts'unttT- #`f ~ ~sttlo6ng.with lung cancer were pubhshed. n fact,- er, the; eyno, ds ad~q,ts- the product has been exonesatt~;nly~resented~liehctual fmdtpgs of~the4~iudy est studies sparked what those tn the aga have cigarettes not bcen exonera} smce ~e data ~e~le~ded by~it~j2~ ttiaimDit , rettp business derisively call the "health 1954, the evidence has grown mqre damning ' le '[Tie control grool~quit smokiq~~g ~~re:"'The response of the cigarette mdus- each year. o health concerns, while-man~irr `rY to these medical findings was not, as Advertising toVndertnme ~tY)ntuy tion group were unable to Quit. ~~ ld be xpeeted of an industry with a high the Credibility of the Warning en thC esearchers compared thos'e ho'~~~~ 4 oncern for the safety of its cus- "~" `° ~tmu8~ q~ttii~j~tners,to~ rovidewarningssoneerningthe While lobbying in the prov`er- b talo smoke btal $t4o e ~r~~~~ sstbleTiealth risks of smokin Rather, it filled rooms to minimize the ttntiathat the c anar eart disease p° g ~ mortality rate among those who quit smok- was to become even more brazen in the impact on sales of any required health warn- Jtealt elaims of its advertising. ing, the industry used "advocacy`advertis- tng was 50 percent lower in the first year A»195b Viceroy ad, for example, stated to publicly undermine the e fectiveness than ar°ong those who continued ~ f The purpost of the fobacco industny's that the "New HEALTiH-GUARD Filter ofthese warnings. In 1954, it sponsored full- lNake`'Vicero BetterForYourHealth." " age news a er ads clairttin that "there is advocacy,advertising campaign has been to y p p p ~ maintain an aura of controversy coneerning~tgge(t & Myers L&M ads said'"only L&M S no proof that cigarette smoking is one oC[he~ 8~okng , ,_. Miracle Tip gives you the ejjeetive fltration causes" of lung cancer. This has contin i and health. There is p0tuch con- -~ou need ... Like thousands, you'll say- ued , aovers ortant medical and ~ ver im , y p y. to be the theme of its campaign to confuse . healthorg ization has accepted as fact the -Ithey're just what the doctor ordered' " the public on the issue for the succeeding 30 sease=causvtg nature of cigarettes,?apd (emphasis in original)j Parliament ads pro• Years• a` ~3 ~'- claimed that its recessed filter "not only One of the cigarette industry s demands ~ost have recommended stronger controls insurea' cleaner, pleasanter smoking, but of Con ress since 1970 has been that an '~n cigarette marketing practices. Cigarette g Y manufaMurers cannot continue to maintain ' even tiiore important, this exclusive Parlia- warning be attributed to the Surgeon GeiH' publicly through their massive advertising ment Mouthpiece construction gives you eral, and not to the cigarette manufacturei'. maximum health protection." Kent ciga- This gives the industry great latitude in its programs that the Surgeon General is wrong ret[es used "laboratory tests" to demon• attem ts to vitiate the im R of the warn- and at the same time expect courts to p ~ absolve them from responsibility for the strate that its Micronite filter provided "the ing. Every Surgeon General's reporron the harm caused by their products because the protection you need against nicotine and health consequences of smoking has been Surgeon General has warned people of the ~s " '`' '' parried by a pseudo-scientific rebuttal from dan er After the Federal Trade Commission g the Tobacco Institute attempting to cast *~;=~ ' ". stepped in to prohibit cigarette advertisers doubt on the validity of the findings. The i` ~~ 'from makina unsubstantiated medical . luuuwiug yanaatsc , ....... • 1 L....f 4...1.1. Tt.n rhe Suroenn General's renort on ehrnnic obstructive lung disease is representative: "b"""" """......... D The tobacco industry has not _ Cigarette companies and their advertising agreed: with the judgement of agencies have long been aware of the public the Surgeon Generalls report perception that smoking is an-ginhealthy that cigarette smokingfias been habit, and offsetting this perception has established'as a cause of been their paramount advertising goat. chronic bronchitis. A causal Beginning in the 1920s, they have relied on relationship between smoking health themes to assuage fears about the and either chronic bronchitis.or safety of'eigarettes. Advertisementss for emphysema has nonbeen estab- Lucky Strikes during the 1930s proclaimed lished scientifically. Statistical that brand to be "YounThroat Protection- correlation does not establish Against Irritation-Against Cough." Camel cause. It never has. ads of the period featured famous athletes claims, the trade discovered a far more pow• erful tool to communicate the message- image projection advertising. Kent's busi- nassman jock and Vantage's aerobic dancer, a relaxing with a cigarette after a vigorous - g workouti convey the message that cigarettes are conducive to an athletic and healthy life- o' g style far more effectively than testimonials by doctors. The ubiquity of cigarette adver- ~ tisements, with their deceptive images of ~ tl healthy and successful smokers, efftctively ~ belies the medical evidence documenting the z harmful nature of cigarettes. _ CONTINUERON PAGE 10 < 9 ~~':..
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Cigarette Lawsuits is to build an image which falsely projects awayprograms,aredireaedatpeopleunder (CONTINUEDFROMPAGE9) smoking as a practice that is noronly not 21, and athletic association is the dominant harmful„but', is actually conducive to inde- leitmotif in cigarette advei tising today. The cigarette industry argues that its pro- pendence, good health, and vigorous ath- Government has not been able to control motion is "brand advertising" that is nor letic activity. This misperception is bolstered deceptive cigarette marketing practices. intended to create primary demand for eiga- by advocacy advertising that distorts,medi- Aside from requiring relatively ineffectual rettes, but merely to keep current smokers Zal~research findings:in-order to convey a warning labels, Congress has functioned loyal to their present brands, or to induce' =sense of confusion and controversy within more to protect the cigarette industry from them to switch brands. The industryss" the'medical community, when in fact there regulation than to protect the public from aetioris, however, speak louderthan its-are few disease-causing substances concern- the hazards of cigarette addiction. Ciga- words. When in 1982 and 1983 total ciga- ing which medical community consensus is rettes have been explicitly exempted from rette sales actually dropped for the first time so nearly unanimous. virtually every consumer protection law: In since 1969, the industry embarked upon one In an important 1980 arttelein the South- 1975, for example, when a U.S. district of the most incredible promotional binges in ern California Law Review, law professor court ruled that the Consumer Producf the history of American business. Between Donald W. Garner developed a theory by. Safety Commission had jurisdiction over 1981 and 1983, the amount of money spent which cigarette companies could be found cigarettes, Congress immediately moved to on cigarette promotion increased from $1.5 liable for failing to warn of the risk of addic- exemptthem. billion-even then making cigarettes the tion. Garner argued that, even if people The unbridled marketing campaigns of nation's most heavily promoted product- knew of the health dangers, most smokers the cigarette industry to promote smoking, to$2.7billion.Thesplurgehadthedesi'red staru as childrena,not knowing that they andtoconfusethepublicaboutthedangers,d effect; in 1984 the decline was stanched and might be unable to quit later. Therefore, the have resulted in many people becoming consumption once again increased. courts should recognize that once a smoker addicted to and injured by cigarettes, who The influential Restatement ojTorts pro- is addicted, subsequently received informa- would not have been had the industry pur- vides that misrepresentational advertising tion about the dangers of smoking is largely sued more socially responsible marketing should result in strict liability: irrelevant; that addiction is not a danger so practices. Perhaps a greater tragedy is One engaged in the business of patent that it obviates the need for a warn- unfolding in the developing world where cig- selling chattels who, by adver- ing; and that cigarette advertising' is arettes are promoted with brazen health tising, labels, or otherwise, intended to offset people's fear of the dan- associations and absent warnings, prompt- makes to the public a misrepre- gers of smoking. - . :I "' ' c ing the World Health Organization to con- sentationofamaterialfaetcon• Garner coneluded, "the cigarette com- elude, "The international tobacco indus- cerning the character or quality panics should not be permitted: to blame try's irresponsible behaviour and its massive of a chattel sold by him is sub- young smokers for trying a product they advertising and'promotional campaigns are ject to liability for physical have been forcefully promoting for the past .-direct causes of a substantial number of harmtoaconsumeroftheckat- seventyyears:"Ratheq,theyshould be held unnecessary deaths." tel caused by justifiable reli- liable for failing to warn consumers of the . Neither voluntary restraint nor govern- ance upon the misrepresenta- significant likelihood that they could ment regulation has significantly mitigated tion . . . even though it is not become addicted to cigarettes and subse- ; thepernicious impact oflcigarette marketing made fraudulently or negli- quently be injured because they wereunable' programs. The only remaining social mech- gently to quit. ~-' anism to accomplish tAis is the legal system. Cigarette advertising uses powerful ' Thus far, no societal mechanism has been The courts should penalize cigarette com- health-related themes to induce people to capableofcontrollingthe,deceptivemarket- panies and their advertising agencies, for overlook the health hazards of' smoking, ing practices of the cigarette industry. The ' their reckless disregard for the health and and its promotional campaigns influence industry has not done so voluntarily. The welfare of their customers. Being forced to many innocent children to emulate advertis- .Tobacco Institute insists that all manufac- _: tompensate the victims of diseases eaused ingrolemodelimagesbyexperimentingwith,, turers adhere to the "Voluntary Cigarette by-their products is the only remaining smoking. In this sense, it is inherently decep- - Advertising Code," which proscribes adver- mechanism available in our society to pro- tive and exploitative, and should resiilt in tisirig and promotional activities directed at - tect young people from deceptive cigarette liability both for cigarette companies and anyone under the age of 21, as well as depie- marketing practices. advertising agencies. tion of smokers participating in~or having Enforcing Social Responsibility just participated in strenuous physical acti- Joe Tye, M.B.A., is Executive Director of vities. A great many cigarette marketing StopTeenageAddictiontoTobacco(STAT): The raison d'etre ofwigarette advertising activities, including advertising and give- which is based in Palo A1to, CA. Asbestos (CONTINUED FROM PAGE <) out administratively af each docal'school or school districr. One way to ensure that the removal orr other work is reallyy necessary is to hire a Certified Industrial Hygienist or Professional Engineer not connected with asbestos removal firms to do a separate inspection and to monitor the contractor's work habits. These precautions should pre- vent personal biases and any grosss safety problems. Unfortunately, some state legislators are calling for mandating.removal of asbestos from all of their state's schools. This is a potentially harmful move, one that would result in extraordinary expense and workers and building users alike being exposed to unnecessary levels of friable asbestos. The question of how much hazard we are dealing with is far from answered. The data on how much risk we are incurring are contradic- tory. We do know that differenn situations call for different solutions to the problem. To confine our options to jusrone solution is self-defeating if our goal' is to reduce the hazard. Caution should also be applied in select- ing substitutesFor asbestos. If there is.onelesson that safety professionals learn over and over, it is that the substitute usually has its own set of hazards. More than once, the damage done by the substitute turned out to be far greater than thafdone by the original material. Asbestos,,the'"magic mineral," remains a part of our everyday lives. Untilthe studies are done to quantifyth'edegree of risk from very low levels of asbestos and from~asbes- tos substitutes, legislation restricting our options for solving the problem is prema- ture. To avoid aggravating the situation, concerned citizens should make sure that trustworthy and competent professionalss are hired toevalitateand,o if necessary, reduce any hazards found. Parents and community leaders should realize that they face a difficult decision when they must choose whether to remove asbestos from their children's schools. Such decisions should be based on an informed evaluation of risks and benefits, not on hysteria or the views of those who might profit, either eco- nomically or politically, from wholesale asbestos removal. Sharon Campbefl; M:A., is a Research Associate with ACSFf. 10

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