Lorillard
Fields
- Author
- Warner, K.E.
- Alias
- 85646117/85646120
- Area
- LEGAL DEPT FILE ROOM
- Type
- LETT, LETTER
- Recipient
- Maner, W.P. III
- Recipient (Organization)
- Mi Tobacco + Candy Distributors + Vend
- Named Person
- Schafer
- Spaniolo
- Wharton
- Spaniolo
- Document File
- 85645815 /85646194 /State Legislation Re: Michigan State Legislation
- Date Loaded
- 12 Feb 1999
- Named Organization
- TI, Tobacco Inst
- Litigation
- Stmn/Produced
- Characteristic
- EXTR, EXTRA
- Site
- N14
- Master ID
- 85645816/6131
Related Documents:- 85645816-5817 Governor's Citizens' Panel on Smoking & Health
- 85645818-6131 Governor's Citizens'panel on Smoking & Health
- 85645819
- 85645820-5835 Minority Report
- 85645836-5837
- 85645869-5870 Memorandum of Understanding Between University of Michigan School of Public Health and Michigan Deptartment of Health
- 85645871-5872 Governor's Appointed Citizens' Panel on Smoking and Health
- 85645875-5878 Citizens' Panel on Smoking and Health
- 85645879-5885 Citizens' Panel on Smoking and Health
- 85645886-5890 Citizens' Panel on Smoking and Health
- 85645891-5898 Citizens' Panel on Smoking and Health
- 85645899-5902 Citizens' Panel on Smoking and Health
- 85645903-5907 Citizens' Panel on Smoking and Health
- 85645911-5957 Smoking and Health in Michigan
- 85645958
- 85645959-5973 the Smoking and Helth Controversy: Another Side
- 85645978-5986
- 85645987-5988
- 85645989
- 85645999-6000 Citizens Panel on Smoking and Health
- 85646001
- 85646002-6003 Smoking and Health - Attention Public Heating Calling the Governor's Citizens Panel
- 85646004 Citizens Panel on Smoking and Health
- 85646005-6006
- 85646007
- 85646008
- 85646009-6011
- 85646012-6013 Governor's Citizen's Panel on Smoking and Health
- 85646014
- 85646015
- 85646016-6017 Summary Research Findings on Health Effects of Cigarette Smoking
- 85646018
- 85646019 Position Paper on Smoking and Health
- 85646020-6021 Smoking
- 85646022
- 85646023 Citizens Panel on Smoking and Health
- 85646024-6025
- 85646026 Testimony to Citizens, Panel on Smoking and Health
- 85646027-6028 Testimony to the Governor's Panel on Smoking and Health
- 85646029-6031 Statement Governor's Citizens Panel on Smoking and Health Submitted to the Office of Health Education Michigan Department of Public Health in Behalf of United Connunity Services of Metropolitan Detroit 801008
- 85646032 the Governor's Citizens Panel on Smoking and Health the Metropolitan Detroit Coalition for High Blood Pressure Control Public Hearing Comment on Smoking and Health 801008
- 85646033-6034
- 85646035-6038 Statement Givenby Dr. Murray Jackson in Behalf of the American Lung Association of Southeastern Michigan to the Citizens' Panel on Smoking and Health - Wednesday, 801008
- 85646039-6045
- 85646046-6047 Open Letter and Statement to the Citizen's Panel on Smoking & Health
- 85646048-6052 Cost Effectiveness and Benefits of Smoke Stoppers Program As Compared to Two Other Popular Smoking Cessation Programs
- 85646053-6056 Statement of W. A. Wickman, General & Legislative Counsel Michigan State Chamber of Commerce to Governor's Panel on Smoking & Health 801008
- 85646058
- 85646059 Panel Report & 'illustration'
- 85646060-6061
- 85646062-6063
- 85646064-6067
- 85646068
- 85646069
- 85646070-6071
- 85646072-6073
- 85646074-6075
- 85646078 Citizens' Panel on Smoking and Health
- 85646079
- 85646080
- 85646081-6084
- 85646085
- 85646086-6087
- 85646088-6089
- 85646090
- 85646091-6092 A Proposed Michigan Clean Air Act
- 85646093-6095
- 85646096
- 85646097
- 85646098-6105
- 85646106-6107 Smoking and Insurance
- 85646108-6109
- 85646110
- 85646111 Update on the Resource People Selected to Represent Various Bureaus in the Michigan Department of Public Health
- 85646112-6113 Citizens' Panel on Smoking and Health
- 85646114-6116
- 85646121
- 85646122
- 85646123
- 85646124
- 85646125
- 85646126-6127
- Author (Organization)
- Citizens Panel on Smoking + Health
- Dept of Health Plannng + Administratio
- Univ of Mi
- Dept of Health Plannng + Administratio
- UCSF Legacy ID
- ing40e00
Document Images
THE UNIVERSITY OF MICHIGAN
I
I
I
i
I
I
I
SCHOOL OF PUBLIc HE.%LTH
DEPART\[EVT OF HEALTH PLA\'NI\C A.1D ADMIaISTR.iTLON
rj:v-4 AxsOR. MICHIC.vi 48109
October 6, 1980
Walter P. Maner III
Executive Secretary
Michigan Tobacco G Candy
Distributors and Vendors Assoc. Inc.
523 West Ionia Street
Lans ing, Michigan 48933
Dear Walt:
Thank you for your letter of October 1. You did not request a response,
but I feel that your comments warrant one.
First, I want you to know that I read Dr. Schafer's paper with great care
and interest. I_am familiar with some of the literature which questions the
smoking-illness connection and since you hold Dr. Schafer in such esteem, I
looked forward to his review and interpretation of that literature. After read-
ing it I chose not to respond to it in writing because, frankly, I felt that it
speaks for itself. Since you have mentioned his paper again, I will now convey
to you my principal reactions. .
Throughout his paper, Dr. Schafer emphasizes one point: that statistics
cannot literally prove causality. I agree fully with the technical argument but
find it substantively vacuous. For all practical intents and purposes --
including both individuals' decisions about how they want to live their own lives
and governments' decisions on public policy -- the strength of the statistical
association linking smoking to illness is so overwhelming that calling smoking
a risk factor instead of a cause of illness reduces to a matter of semantics.
To put it another way, I agree that causality cannot be proven in a literal sense
by statistics -- such "proof' is tautologically impossible -- but I would regard
as foolish anyone wfio failed to perceive the health hazard associated with smoking
because the truly extraordinary correlation between smoking and a variety of
illnesses "only" establishes smoking as a "major risk factor" in these diseases.
Walt, would you hand the keys to your car to a man who was staggering after having
consumed ten drinks? Should the police not try to get drunken drivers off the
road? The link between driving while intoxicated and a much higher than normal
accident rate represents a statistical association, like smoking and illness a
strong one, though I would guess that it is statistically less well established
than the smoking and illness case. Literally, drinking is a risk factor in motor
vehicle accidents and fatalities. Dr. Schafer, you, or I could argue, correctly,
that statistics cannot prove that driving while intoxicated causes accidents.
It will be a dismal day when society awaits an impossible "proof" to take action
to protect the public's health and welfare.
I might add that I was astonished by the first page of Dr. Schafer's text.
Does he believe -- or do you or does the Tobacco Institute -- that anyone with a
moderate degree of health knowledge thinks smoking is the only cause of lung cancer
and heart disease? I have never seen that seriously suggested. It is well establish-
ed, with an unusual degree of sound statistical and epidemiological evidence, that
-270-

Nlalter ?. ~faner III October 6, 1980
cigarette smoking is the major risk factor in lun g cancer, but not the only one,
and a major risk factor in a variety of heart diseases, but again certainly not
the only one. Thus I can only interpret the straw man that Dr. Schafer attacks
as being one of his own construction.
In short, Walt, I found no meaningful evidence in Dr. Schafer's paper to
challenge the basic understanding of smoking and illness with which the Panel has
been proceeding;- neither have several Panel and staff inembers with whom i have
spoken about the paper. I have suggested, and hope that the Panel will agree, that
Dr. Schafer's paper be included in the appendices to the Panel's report alongside
my original discussion paper. That way, others can read both papers and decide for
themselves.
Most of your October 1st letter was devoted to your review of -my analysis of
the economic costs of smoking. In the remainder of this letter I will respond to
your comments. I do so, however, in the hope that we are in agreement that the
health effects of smoking are of paramount importance in the work of the Panel.
A fundamental premise of your arguments-against my economic assessment is
that I fail to distinguish between private costs and external or social costs. To
the contrary, the problem is that we define social costs differently. I think of
social costs as the sum of private costs and negative externalities. Social costs,
in essence, are those-acc ruing to all members of society, including those which
individuals incur willingly and those (external costs) which are imposed on others
without their willful action..
. Given this definition, I will address your points seriatim, beginning with the
third paragraph of your letter. If you accept my definition, there is no double
counting of cos-ts. In fact, I fail to see how there would be double counting even
if we adopted your definition. You have not offered any explanation to which I can
respond.
Secondly, avoidable absenteeism and medical costs represent a deadweight
productivity loss. Your assertion that they result merely in transfers is simply
wrong. Consistent with your idea that opportunity cost i-s the correct concept
for assessing true costs.in economics, absenteeism and medical resource consumption
both have high opportunity costs because they consume scarce resources at the same
time that the individuals involved fail to return a productive contribution.
Thirdly, I do not recall having said that "smokers use more medical care over
their lifetimes than nonsmokers." The medical costs of smoking are those
attributable to treatment of smoking-related illnesses. To the extent that such
illnesses could be avoided, presumably by cessation or avoidance of initiation of
smoking, the associated medical costs could be avoided. Again, they represent a
deadweight loss. Regarding the total lifetime stream of medical expenditures,
personally I would find preferable a higher total experienced over, say, a healthy
85 years of life than a lower total experienced, say,-over a less healthy 60 years
of life terminated prematurely due to smoking-related illness. I might add that
I have never calculated such lifetime expenditure streams, but when one realizes
that in the former case significant expenses occur in later years, discounting
-271-
2
Ci'
~
h+
IPA
m
I
I
p
I
I
I
I
I
f
I
I
4

;alter ?. :faner iII October 6, 1980
i
~
I
i
I
I
r
I
i
the costs to present value misht well -ake the SS year-old's present discounted
':al::e of costs lower. Of course, it is aertai nly : ossible that the total,
without discoc..^zting, is lower, since diseases like lung cancer and heart disease
can be cuite exDensive to treat.
Fourthly, I agree with you that the way to evaluate a proposed smoking and
health polic,v is to compare its costs and bene-'its. I disagree that we know
nothing about the costs of "no smoking." To assert this is to deny the abundance
of sound evidence an dif:erences between smokers and nonsmokers with which we
are all _amiliar._ - -
Fifthiy, I agree that many annoyance costs are private costs determined in
private markets given defined property rights. I was surprised, however, by your
use of this notion in the context of smoking restriction laks._ Bv definition, all
deter:ninations of-property rights limit someone's freedoms. One of the most
fundamental and conservative roles of the state is the definition and orotection
of property rights. If the right to clean air is protected for nonsmokers, some
smokers may feel their rights restricted. Conversely, if the right to air is
protected for smokers, some nonsmokers will find their perception of their rights
violated. I agree with you that the optimal state of affairs would be "a mutually
agreed solution." (By this I assume you mean an unlegislated agreement. After all,
legislation can be construed as a mechanism for defining agreement in a social
context.) The perceived need for legislated solutions reflects an inability for
mutual (unlegislated) agreement to satisfy all.
I do want to emphasize that not all annoyance costs are simple one-on-one
private costs. In congested public places, a few smokers can create a widespread
annoyance. In effect, in the economic jargon, they are creating a "public bad."
In theory and practice, this is a clear-cut case for collective or governmental
intervention.
Sixthly, I am aware of, but have not read, the new k'harton ARC study. I have
read the previous study which, from what I have heard of the new one, is similar
in substance. The one point I would make is that all significant industries
generate large direct and indirect economic contributions. As I recall the previous
study, the indirect contributions vastly outweighed the direct, as would be true
of many industries. I find some of the numbers regarding these indirect contri-
butions potentially conf,u ing and misleading. For example, take the 76,410
"full-time equivalent employees." Most of the indi,:iduals comprising this number
wvsld, I 3sess, rely on tobacco for a livelihood in only a very minor way. I
assume that this number includes thousands of people working in drug stores and
the like in which -cigarette sales take place. Ztinat proportion (or number) of
these people are dependent on tobacco for cont-:;.uation of their jobs? I would
guess that it is relativel,v fe~:. I note, too, that the dollar-vol::,e measure of
economic contribution is value- and content-free. ihe i:.:portant :oint, as you
noted earlier in your letter, is the opportsni.}" cost: the value of opportunities
. -
:_re;oze ;..:e to use of resources in t::ts activ:_N
In __osing my response to vour cor_ er.ts on - cost ana'-_sis, : reiterate that
ac':noWled7e the poss~~2litv ttat V Cost-o:-smo:.1P.; ---L'res 2v be off
-_:- "t= .:11" by a substantial amount. _h e s e ._;~.r°_s are o.^.1y est.'.-tes. r.nalysts,
_ . - are .:or-kin; c::r.ant: to t:y :o est-rates,
-272-

I
I
Walter P. Maner III October 6, 1950
by the way, could as easily be much higher as lower than current ones. Frankly,
however, the precise magnitude of these figures strikes me as being of little
practical importance. It is the qualitative story that matters. What difference
would it make if the costs of smoking were $20 billion or $60 billion instead of
$40 billion?
For the record I would like to reiterate several points which we have dis-
cussed orally and in writing. One, and the most important, is that the staff have
considered your input into the work of the Panel to be of great importance from
the outset. It is visible in such outcomes as the Panel's decision not to
recommend a ban on vending machine sales of cigarettes. I for one found your
input on this matter educational and useful. Similarly, my feeling that our model
of a clean indoor air act should be put into an appendix as purely illustrative
reflected concerns expressed by you and one other Panel member about our lack of
appreciation of specific economic consequences of the model bill.
I will admit to being disappointed that you did not choose to participate
more actively in the subcommittee work which produced the draft proposal recom-
mendations. You were asked to participate and decided not to. Similarly, I
regret that you waited so long to submit your written contributions (your letters
Dr. Schafer's paper, and other documents). You knew the timetable for the work
of the Panel arid surely were aware of the difficulties all of us would have in
dealing with new documents late in the process. Despite that lateness, however,
I want to assure you that the staff have examined your documents carefully and
considered them seriously.
,
t
r
i
I
I
I
I
F
I will repeat, also, my lack of understanding why Mr. Spaniolo and, I thought,
you too originally described my background paper as "surprisingly balanced," yet
now you express frustration that it is "one-sided."
Finally, I am_sorry that you feel disheartened by your experience with the
Panel. I sincerely believe that we have solicited your input in good faith; that
we have considered it seriously and utilized some of it in writing the Panel's
report; and that we,are giving you ample opportunity to express your view of the
"other side" of the story by writing a minority report and by including Dr. Schafer's
paper in the appendix of the Panel's report.
Sincerely,
KEtti : ab
Kenneth E. Warner
Project Director
Citizens' Panel on Smoking and
Health
GD
C!1
~.
~
. Mr
-273- O
S
