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SHOOK,HARDY&BACON Pc. REPORT ON RECENT ETS AND IAQ DEVELOPMENTS Fcbruary 5, 1993 SHB

REPORT ON RECENT ETS AND IAQ DEVELOPMENTS - IN THIS ISSUE - IN THE UNITED STATES REGULATORY AND LEGISLATIVE • Artic]es report on scientific criticism of EPA Risk Assessment on ETS, p. 1. • "PRO-KIDS" and "PRO-FEDS" legislation are introduced in the U.S. Senate, p. 1. • BOMA passes resolution supporting federal ban on workplace smoking, p. 2. • NIOSH logs over 27,000 calls after October SBS news story; usuall gets 150 a year, p. 2. • Activity in state and local governments begins on p. 3. ETS-REIATED LITIGATION AGAINST CIGARETTEMANUFACTURERS • Latest activity in Broin, p. 5. ETSfIAQLrTIGATION NoT INVOLVING CIGAREITE MANUFACTURERS • Two prisoner cases are decided, Hemphill and Cookish, p. 6. LEGAL ISSUES AND DEVEIAPMENTS •"Children are Focus in a War to Snuff Secondhand Smoke," p. 6. SCIENTIFIC/TECHNICAL ITEMS • Two upcoming IAQ conferences, p. 6. • "Pulmonary Effects of Environmental Tobacco Smoke Exposure on Asthmatic Subjects," p. 8. • Centers for Disease Control study on cotinine levels in 23,000 persons, p. 8. OTHER DEVELOPMENTS • Customer allegedly stabs waiter to death over smoking, p. 9. ISSUE 40 IN EUROPE & AROUND THE WORLD ETS-REtAATED LrrIGATIoN AGAINSr CIGARETTE MANUFACTURERS • Report on post-decision hearing in TIA v. AFCO, p. 9. • Veronica Bland receives settlement in claim against her U.K employer, p. 10. LEGAL ISSUES AND DEVELOPMENTS • Tobacco companies make submission to legal aid in Australia, p. 11. • Legal aid granted to nonsmoker in the U.K., p. 11. SCIENTIFIC/TECHNICAL ITEMS • Six new studies on respiratory diseases and conditions in children, p. 11. • "Biological Evidence of Significant Exposure to Tobacco Smoke in Children of Smoking Parents,° p. 12. OTHER DEVELOPMENTS • Environmental/animal rights group stages execution of a cigarette in Czechoslovakia, p. 13. • Science museum in the U.K. opens a "Passive Smoking" exhibit, p. 13. MEDIA COVERAGE •"When Your Office Calls in Sick,' p. 9.

- TABLE OF CONTENTS - Issue 40 February 5, 1993 IN THE UNITED STATES REGULATORY AND LEGISLATIVE MATTERS U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) [11 Scientific Criticism of EPA Risk Assesunent on ETS Receives Media Attention ......................1 CONGRESS (2] Senator Lautenberg Introduces PRO-KIDS and PRO-FEDS Iegislation .................................1 BOMA [3] Building Owners and Managers Vow to Support Workplace Smoking Ban ............................. 2 WHITE HoUSE [4] President and Mrs. Clinton Ban Smoking in White House .....................................................2 NIOSH [5] NIOSH Ceases to Log 800 Number Calls ............................................................................... 2 U.S. GENERAL ACC.OUNTING OrF7CE (GAO) [6] GAO Study Reports Continuing Dichotomy Between National Health Policy Objectives and Cigarette Export Goals ..........................................................................2 ASHRAE [7) SSPC-62 Meets DurutgASHRAE Winter Maering .................................................................2 STATE AND LOCAl. GOVERNMEN'IS [8] Privacy Legislation .................................................................................................... ...............3 [9] Other Staoe and Local Legislative Activities Related to ETS .....................................................3 ETS-RELATED LITIGATION AGAINST CIGAREITE MANUFACTURERS [10] B/oatthar.A Scheduling Conference set for March 3, 1993 ........................................................ 5 [11] B.oi,F Defendants Respond to PlaintifFs' Second Amended Complaint ................................... 5 ETS/IAQ LITIGATION NOT INVOLVING CIGARSITE MANUFACTURERS GRADUATE SCHOOL EXPOSURE [12) Beckman v. New York Ciiy Scl.ool of Vfsual Asrs (U.S. District Court, New York) (filed January 16. 1992) .................................................................................................... ....... 6 PRISONER CASES [13] hlenrphfll v. Conuz; 1992 U.S. Dist. LEXIS 20031 (U.S. District Court. Northern District, California) (decided December 8„ 1992) ....................................................6 [14] Cookirh v. Coarmisrio.ur, New Hamprhirr Drpoannu ofCosresionr (District Court, District of New Hampshire) (filed January 1, 1988) ......................................6 LEGAL ISSUES AND DEVELOPMENTS [15] "Children are Focus in a War to Snuff Sccondhand Smoke," C. Scanlan, The Phrladelphra Inguftr., January 24, 1993 ............................................................................ 6 SCIENTIFIC/TECHN1CAi. ITEMS UPCOMING MEETINGS (16] "Indoor Environment'93: Defining Strategies for Effective Indoor Air Management," Baltimore, Maryland, April 21-23. 1993 .........................................................6 [17] The Sixth Annua(National Confenetxe on Indoor Air Pollution, Tulsa. Oklahoma, March 29-31, 1993 ....................................................................................7 LuNG CANCER [18] Letters to the Editor Regarding'Envitonmental Tobacco Smoke: The Price of Scientific Cereainry,' D.M. Burns, Jorarul of the Nssional Cancer Irueituta 84: 1387-1388, 1992 .................................................................................................7 GRDIOVASCULAR ISSUEs [19) "Reduced PlasmaAscorbieAeid Concentrations in Women Regularly Exposed to Environmental Tobacco Smoke (ETS)," D.L Tribbk and S.P. Fortmann, Circulation 86(4): Supplement, 1992 [See Appendix A) ..................................7 RESPIRATORY DISEASES AND CONDITIONS -ADULTS [20] 'Pulmonary Effects of Environmental Tobacco Smoke Exposure on Asthmatic Go Subjects," S.B. Lehrer. CIAR Crrsrntr 2(2): 1, 4, 1992 [See Appendix A] ................................8 --j RFSPIRATORY DISEASES AND CONDITIONS - CHIIDRF2J ~ ~ [21] "Maternal Age as a Risk Factor for Wheezing Lower Respiratory Illnesses in the First Year of Life," F.D. Martinez, A.L Wright, C.J. Holberg, W.J. Morgan, and ~ LM. Taussig, Amerius,r Jownol ofEprdsmioloV 136(10): 1258-1268, 1992 N (See Appendix A] .....................................................:.............................................. ................. 8 ~ OTHER HEAt.'I7i IBStJES [22] 'Clinical Ecology," Council on Scientific Affainti American Medical Association, JournsloftfxArnericanMalitaliSnracfstron268(24):3465-3467, 268(24).3465-3467,............8

Contents Continued, Issue 40 ETS ExPOSUrtE AND MorlrnowNG (23] "Preliminary Dau: Exposure ofPecsons Aged 24 Years to Tobacco Smoke - UnioedSraors, 1988-1991," CesrerrfirDisesreConrraJ Mor6idiryaa.iMorralisy Weekly Rapors 42(2): 37-38. 1993 [See Appendix A) ................................................................ 8 OTHER DEVELOPMENTS [24] Restaurant Customer Faces Murder Charges Following Dispute Over CigaremSmoking....... 9 [25) Califomia Mall Bans Smoking .................................................................................................9 [26] EPA Risk Assessment on ETS Spurs Anti-Smoking Activists in Illinois ...................................9 MEDIA COVERAGE [27) "When Your Office Calls in Sick' K. Griffin, Healrh, Januuy/Febnuary 1993 ........................9 [28] "The Architecture of IllrKss," D. Soeinman, Vegetarian Timex January 1993 ...........................9 IN EUROPE & AROUND THE WORLD ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS AosTtul.u [29) Tobarnv Irutitute ofAstrtralia lld v. Aurtrtlian Fcdeaaaioa ofConrrnner Organuatioru Inc (Full Federal Cousc, Ncw South Wales District Regiscry, Australia) (decided December 17. 1992) ..................................................................................9 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS UNITFD KINGDOM [30] Ve.»i.ica Bland v. Stockport Meeropotitarr Bo.nudh Council (Manchester) (writ issued June 14, 1991; sercckmenc entered January 27, 1993) ........................................ 10 LEGAL ISSUES AND DEVELOPMENTS AUSTwALu [31] 'Auscnlian Court Decision on Passive Smoking Upheld on Appeal," S. Chapman & S. Woodward, Britirh Media.l Jour7ul, January 9, 1993 ................................ 10 [32] Tobacco Companies Submit Memorandum to Legal Aid Board ............................................ 11 UNITF.D KINGDOM [33] Legal Aid Granted oo Nonsmoker Suing Employer ................................................................11 SCIENTIFIC/TECHNICAL ITEMS RFSPIRATORY DISEISFS AND CflNDIT1ONS - CNILDRFN [34] "Prevalenee ofAsshma in Swiss Childn:n; F.H. Sennhauser and B.H. Guenoerc, European Rapiratory jowrrral5: Supplernenc, 1992 [SeeAppendix A] .................................... 11 [35] "Effecc of Age on Urinary Codnine Level in Young Childn-n," P.N. LeSouef, A.C. Reese, LL Landau, and LR. Jamra, EuropeaARespiramryJournal5: Supplement, 1992 [See Appendix A] .....................................................................................12 [36] `Pusive Smoking and Children's Diseases," K. Pisiewicz and C. Macura, European Reipirauory journal5: Suppiemenr. 1992 [See Appendix A] .................................... 12 [37] 'Urinary Corinine Levels in Primary School Children: Evidence of Exposure to Environmental Tobacco Smoke," E. Dagli, N. Cakan, and A. Araman, European Respira*xyJorrrAal5: Supplemenc, 1992 [See Appendix A] .................................... 12 [38] 'The Prevalence oFInherioed and Environmental Factors in Patients with Aschma,' R. Lyons, S. Snxnan, C.K. Power, and C.M. Burke, Elvopean RerpiramryJounial5: Supplemenc, 1992 [See Appendix A] .....................................................................................12 UNTfED KINGDOM [39] `Passive Smoking Exposure and Urinary Cotinine in Relation to Respiratory Health and Bronchial Responsiveness in Adolescenn:," F. Focasriere, N. Agabiti, V. Dell'Orco, R. Pisnelli, G.M. Corbo, G. Brancato, R. PaciSci, P. Zucarro, and C.A. Peniaci, European RaprraroryJo.rrnal5: Supplement, 1992 [See Appendix A) ............... 12 ETS ExPosvm AND MoNrromc [40] "Biological Evidence ofSign'ifxanc Exposure w Tobacco Smoke in Children of Smoking Paren6,' LM. Galanci and V.M. Godding, Circulation 86(4): Supplement, 1992 [See Appendix A] ........................................................ 12 OTHER DEVELOPMENTS CANADA [41] Montreal Restaurants Ignore No-smoking Law .....................................................................12

Contents Continued, Issue 40 CL6cHOS1!?vAlaA [42] Cigarette Executed in Wenoeslas Square ................................................................................13 UNPPED KINGDOM [43] "Passive Smoldng" Exhibition Opens at Science Museum .....................................................13 [44] Nicotine Sensor Badge Developed For Nonsmokers ............................................................... 13 [45] Smokers Ignore British Rail's Smoking Ban ...........................................................................13 [46] BAT Publishes Workplace Smoking Guide and Smoking Fact Sheer ..................................... 13 Woxl.o A1RUxe NEws (47] Australia .................................................................................................... ............................14 [48] China .................................................................................................... ................................14 [49] Finland .................................................................................................... ..............................14 [50] Iran .................................................................................................... ....................................14 UNfTFm KINGDOM I51] Airplane IAQ co be Invesdgaoed ............................................................................................14 (52] WHO Releases Report on Tobacco or Health Programme .................................................... 14 APPFNDIX A .................................................................................................... .................................Arriele Summaries APPENDIX B .................................................................................................... ...............PRO-KIDS, PRO-FEDS Bills APPENDIX C .................................................................................................... ................................ BOMA Resolution APPENDIX D .................................................................................................... ............. Museum Exhibition Handouss

FEBRUARY 5, 1993 1 REPORT ON RECENT ETS AND IAQ DEVELOPMENTS IN THE UNITED STATES REGULATORY AND LEGISLATNE MATTERS U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) [1] * Scientific Criticism of EPA Risk Assessment on ETS Receives Media Attention Articles appearing in the Invrstor's Business Dailyand The Washington Times discuss the criticisms that have been made of the EPA Risk Asscssment on ETS by scientists and policy analysts both in and outside the tobacco industry. The criticisms reported in the articles challenge the EPA's conclusions by (i) assailing the method of analysis employed in grouping disparate epidemiological studies to achieve a"meta analysis; (ii) challenging the accuracy of epidemiological studies in general, and (iii) taking issue with EPA's change in confidence intervals from 95% to 90%. The editor of EPA Watck consulted for the Investori Business Daily article, is quoted as saying, "It's now open season on whatever contaminant the EPA chooses to label the killer contaminant of the week, with the effea that once again, Americans are going to be stampeded into fearing a substance for reasons which upon dose inspection are scientifically indefensible." The writer of The Washington Times commentary states that "the EPA should not be treated as an impartial source of scientific truth, . . . With every substance EPA dassifies as cancer-causing, the agency increases its budget, gains power and prestige, and opens new vistas for its regulatory activities." See InAntor's Bruinas Da4 January 28, 1993; The Washington I imes, January 25, 1993. A columnist for a metropolitan newspaper devoted a column to the Inuatar's Businas Daily artide. See The Kasuas Clty Star, January 30,1993. • Discussions throughout this Report that bear this symbol contain infortnation about events and activities related to the EPA Risk Assessment on ETS. CONGRESS [2] • Senator Lautenberg Introduces PRO-KIDS and PRO-FEDS Legislation On January 28, 1993, Senator Frank Lautenbcrg (D- NJ) introduced two bills that would expand the role of EPA in regulating ETS while establishing nonsmoking policies at a wide range of federally-related programs and buildings. PRO-KIDS, or the `Preventing Our Kids From Inhaling Deadly Smoke Act of 1993" (S. 261), would require that federally-funded health, social and educa- tional programs for children under the age of 18 prohibit smoking in any portion of any indoor facility providing serviccs to children that is not separately ventilated. A similar measure relating to children under the age of five was introduoed in the 102d Congress but failed to pass. See issue 38 of this Report, January 7, 1993. PRO-FEDS, or the `Preventing Our Federal Building Workers and Visitors From Exposure to Deadly Smoke Act of 1993" (S. 262), would impose the same smok ing policy as S. 261 in every building or other structure owned or leased for use by a federal agency of the executive, legislative or judicial branches. The only exception would apply to any area of a building used primarily as living quarters. Provisions of the PRO- FEDS Act recognize the limitations that could be present in collective bargaining agreements, but require that any inconsistencies be overridden by the legisla- tion within one year after issuance of guidelines by EPA or at the expiration of each agreement. Under both bills, EPA would issue guidelines for instituting and enforcing the nonsmoking policy and would provide information to affected agencies and programs on employee smoking cessation programs and on compliance with the law. Under the PRO- KIDS measure, EPA would also have the authority to issue waivers under specified conditions. The PRO- FEDS legislation requires EPA to establish an "Envi- ronmental Tobacco Smoke Advisory Office" within the Office of Radiation and Indoor Air. The ETS

2 Advisory office, under the guidance of a director, would: (i) participate in outreach and educational programs; (ii) provide information on the "dangers of environmental tobacco smoke;" (iii) establish a telephone hotlinc to provide information on the alleged dangers of ETS; and (iv) "carry out any other function of the Office that the [EPAJ Administrator detumines to be appropriatc.A Senator iautenberg relied to a significant extent upon the EPA Risk Assessment on ETS in justifying the legislation. An EPA press release and newspaper artides discussing the EPA report and the KueperGtigation in Illinois were appended to the Congressional Record at the Senator's request. Senator Lautcnberg introduced the bills on behalf of himself and Senator Tom Harkin (D-Iowa). The text of both S. 261 and S. 262 are attached as Appendix B. BOMA [3] • Building Owners and Managers Vote to Support Workplace Smoking Ban Citing the EPA Risk Assessment on ETS, the Building Owners and Managers Association International (BOMA) reportedly has passed a resolution by unanimous vote to support a federal ban on smoking in the workplace. A copy of the resolution is attached as Appendix C. According to the organization's president, EPA's dassifi- cation of ETS as a"Group A" carcinogen "leaves no doubt that cigarette smoke must be eliminated from the work place to ensure public health. A national ban on smoking will greatly improve the indoor air quality of the nation's office buildings." The resolution was voted on during BOMA's annual winter business meeting. BOMA is a trade association which represents the office building industry. Its members reportedly own or manage more than 5 billion square feet of North American office space. The organization presented a seminar series on improving indoor air quality last year in cooperation with the EPA. See PR Neuaruire, January 22, 1993. WHITE HOUSE [4] President and Mrs. Clinton Ban Smoking in White House ETS/IAQ REPORT, ISSUE 40 statement by Hillary Clincon's press seaetary. The ban also applies to official White House dinners. Reportedly citing concerns about offcttding visiting dignitaries, the Clintons have not yet decided whether they will ban smoking at White House business meetings. See New York T:mr; Febnuary 3, 1993. NIOSH [5] NIOSH Ceases to Log 800 Number Calls According to a press report, NIOSH logged more than 27,000 attempted calls and responded to more than 5,000 requests following a CBS news story on sick building syndrome. Ser issue 34 of this Report, November 6, 1992. The CBS story, which aired on October 12, 1992, broadcast a toll free NIOSH phone numba. Thc agency stopped loggmg the calls in mid-December, at which time they had spoken to more than 5,000 persons with alleged IAQ problems in their school or workplace; 27,000 persons were unable to get through dogged phone lines but were recorded by a computer. According to the article, an ASHRAE official said the agency usually handles about 150 calls per year. Even so, he said NIOSH intends to respond to all complaints it received. See IndoorAir Quality Update, January 1993. U.S. GENERAL ACCOUNTING OFFICE (GAO) [6J GAO Study Reports Continuing Dichotomy Between National Health Policy Objectives and Cigarette Export Goals In a study reportedly released by the GAO on January 5, 1993, it was revealed that the Health and Human Services Department (HHS) has provided assistance to Asian antismoking groups and has supported antismoking programs of international health organizations while, at the same time, HHS ofI'icials have participated in cigarette ttade talks with Taiwan. The GAO report observes that the US. government pursues antismoking policies domestically yet assists U:S. cigarette companies in selling their products abroad. See International Trade Reporter, January 13, 1993. ASHRAE [7] SSPC-62 Meets During ASHRAE Winter The new President and First Iady have announced they will not allow smoking in the residential and non- Meeting office areas of the White House, according to a reported On January 24, 1993, during the ASHRAE Winter

FEBRUARY 5, 1993 Meeting in Chicago, the committee responsible for revising ASHRAE Ventilation Standard 62-1989 considered possible revisions to the standard. The committee's work will continue. STATE AND LOCAL GOVERNMENTS [8] Privary Legislation The term "privacy legislation" refcrs to state statutes which protect workers who smoke off the job or, more generally, use legal products or engage in legal activities outside the workplace. • Alaslca A bill that would prohibit employers from discriminat- ing against individuals who use legal products in a legal manner outside the workplace was introduced on January 15, 1993, and has been sent to the House Committee on Labor and Commerce. See H.B. 62, 18th Legislature -1st Reg. Sess. (1993). • Montana The Senate Labor Committee has reportedly unanimously endorsed a bill that would protect employees who use tobacco or alcohol on their own time from disaimination by employers (S.B. 160). The bill would not, apparently, apply to employees of nonprofit groups which discourage the use of alcohol or tobacco and would not apply to life insurance policies. SecAuoeiated Ptax January 22, 1993. • Nebraska On January 21, 1993, a bill was introduced that would limit certain actions by employers based on a prospective or current employee's use of a lawful product. The measure has been sent to the Legislative Committee on Business and Labor. Ser LB. 696,93d Legislature -1st Reg. Sess. (1993). • V'uginia According to a press report, the legislature will again consider a measure that would prohibit companies from refusing to hire employees who smoke. Similar legislation died in the legislature in 1992, but proponents believe the measure will win passage this year because they have tailored the proposal to address the objections raised a year ago. See The Washingtori Port, January 31, 1993. [9] Other State and Local Legislative Activities Related to ETS • Colorado A bill that would limit the authority of the owners and 3 operators of private businesses to designate nonsmok- ing or smoking areas for employees of those businesses was introduced on January 15, 1993, and sent to the House Committee on State, Veterans and Military Afl^airs. On January 22, 1993, the measure was re- ported from that committee favorably with amend- ment. SaH.B. 1163, 59th General Assembly-1st Reg. Sess. (1993-94). • CoIIIIOetitat The Joint Committee on Labor and Public Employees is considering a measure, introduced on January 15, 1993, that would establish nonsmoking work areas in all business facilities without regard to the number of employees at the facility. See H.B. 5836, Reg. Sess. (1993). Another bill was introduced on January 20, 1993, that would require smoke-free areas in all places of employment. See H.B. 6185, Reg. Sess. (1993). • Delaware A measure that would regulate smoking in food markets was introduced on January 21, 1993, and has been sent to the House Committee on Human Needs and Development. See H.B. 52, 137th General Assem- bly - Reg. Sess. (1993-94). Also being considered by that committee is a measure that would regulate smoking in public and private places and in work- places. See H.B. 33, 137th General Assembly - Reg. Sess. (1993-94). In the aftermath of a new policy that prohibits smoking by guards and inmates in state prisons, the legislature is reportedly considering a bill that would require designated smoking areas in prisons. See S.B. 14, 137th General Assembly - Reg. Sess. (1993-94); Pbiladelphra Inguircr, January 27, 1993. * Hawaii Bills that would regulate smoking in childcare facilities during hours of operation, prohibit smoking in certain places open to the public, and define `employer" with respect to smoking policy, were introduced on January 21, 1993. SerH.B. 81, 97, 98, 216, and 217, 17th Legislative Sess. - 1st Reg. Sess. (1993). • Local Governments in Maryland In the wake of Governor William Schaefer's executive order banning smoking in state-owned buildings, some county officials are reportedly following his example. Apparently, Carroll, Frederick, Harford, Howard, Montgomery and Worcester counties have banned smoking in county-owned offices. The remaining

4 counties allow designated smoking areas. See Balrsnrore Morning Sun, January 27, 1993. • * Minnesota Companion bills that would extend the day care center prohibition on smoking to family or group family day care providers were introduced on January 11, 1993, and have been sent to the Senate Committee on Family Services and the House Committee on Health and Human Services. ScaS.F. 32 & H.F. 29, 78th Legisla tivc Scss. - Reg. Scss. (1993). Another bill reportedly introduced in the House would tighten provisions of the Clean Indoor Air Act by banning smoking in common areas of apartment buildings and condomini- ums, extending the ban to industrial businesses, darifying that "public places" includes unoccupied places, permitting smoking in private offices only if independently ventilated, and requiring restaurants to provide enough nonsmoking seats to accommodate all those who request them. The artide discussing these bills also notes that antismoking activists in the state have been "emboldened" to push legislation that failed last year by the EPA Risk Assessment on ETS. See Star Tribune, January 22, 1993. • New Jersey In February 1993, the legislature will reportedly consider two bills relating to smoking in restaurants. One bill would phase out smoking altogether in three yeass, the other would mandate a nonsmoking section in larger restaurants. See The Sunday Record, January 24, 1993. • New York A measure that would direct the Department of Environmental Conservation to establish standards for acceptable indoor air quality applicable to all public buildings within the state was introduced on January 21, 1993, and has been sent to the Assembly Commit- tee on Environmental Conservation. SeeA.B. 1397, 215th General Assembly- Ist Reg. Sess. (1993). A bill that would apply smoking prohibitions to transpor- tation facilities used by pupils regardless of the presence or absence of the pupils on such facilities was intro- duced on January 11, 1993. The measure was sent to the Assembly Committee on Education and was reported from that committee on January 25, 1993. SeeA.B. 727, 215th General Assembly- 1st Reg. Sess. (1993). ETS/IAQ REPORT, ISSUE 40 • North Dakota A bill that would designate smoking areas passed the House just two weeks after it was introduced on January 11, 1993. The measure is now before the Senate. See H.B. 1246, 53d Legislative Assembly - lst Reg. Sess. (1993). • Oregon A bill that will require certain publicly funded facilities to prohibit the use of tobacco on their premises was sent to the House Committee on Education on January 18, 1993. The measure would authorize local government or state agencies to withhold funding upon violation by the covered faciliry. See H.B. 2480, 67th Legislative Assembly - Reg. Sess. (1993). • Rhode Island A measure that would ban smoking in all restaurants except in lounge areas and that would exempt dough- nut shops was introduced on January 21, 1993, and has been sent to the Senate Committee on Health, Education and Welfare. Sec S.B. 86, Reg. Sess. (1993). • South Carolina A bill that would prohibit smoking in the indoor public areas of all food service establishments was introduced on January 13, 1993, and has been sent to the House Committee on Agriculture and Natural Resources. Sar H.B. 3113, Statewide Sess. (1993). • Local Governments in Texas The Arlington City Council has reportedly tentatively approved a partial ban on smoking at the new Texas Rangers ballpark which will open in 1994, and at Six Flags over Texas and other outdoor facilities. A$1,000 fine will be imposed on violators of the ordinance. Council members also reportedly agreed to study broadening the ban to indude private businesses. See United Press InternationA January 27, 1993. • Utah A measure that would require business establishments with smoking areas to provide information regarding the alleged health hazards of ETS to employees was introduced on January 21, 1993. A measure that would amend the Indoor Clean Air Laws and provide procedures regarding designated smoking areas was introduced and sent to the House Committee on Rules on January 18, 1993. See S.B 67 and H.B. 53, 50th Legislature - General Sess. (1993). According to press reports, these amendments would give Utah the

FEBRUARY 5. 1993 nation's strictest regulation of smoking in public places. Apparently, the bill would allow smoking in bars, restaurants, offices and other public places only if smokers are physically walled ofI'from nonsmokers in areas that are served by independent ventilation systems. Private dub owners say they are opposed to the legislation because it is cost prohibitive. See Grtenwirt, January 22, 1993. • * Virginia According to press reports, the Virginia General Assembly is considering a measure that would tighten smoking restrictions already in place under the Indoor Clean Air Act. Antismoking legislators are reportedly using the EPA Risk Assessment on ETS to support their claims of health hazards. The proposed bill would reportedly eliminate virtually all workplace smoking except where nonsmoking areas have separate ventilation; ban smoking in all public indoor areas; require hotels, motels and restaurants to have nonsmoking rooms and areas; permit local governments to pass stricter laws; and increase penalties for businesses and agencies that fail to post no-smoking signs. Another bill would reportedly dedarr officially that employees have a right to be protected from ETS under the state's worker- safery law. See Tfx Wasbsngton Parx January 31,1993. • Washington A measure that would prohibit smoking in a vehide which contains any passengers under the age of sixteen was introduced on January 15, 1993, and has been sent to the House Committee on Commerce and Labor. See H.B. 1114, 53d Legislature - Reg. Sess. (1993). According to the sponsor of the bill, the law is intended to educate smokers, but would not be enforced fre- quencly. See The Seattle Times, January 22, 1993. ETS-RELATED LITIGATION AGAINST' CIGARETTE MANUFACTURERS [10] Blanchani Scheduling Conference set for March 3, 1993 At the request of plaintiffs, the court has set a schedul- ing conference for March 3 and has ordered all counsel to meet and discuss scheduling matters on March 2. Defendants have served interrogatories and requests for production of documents on all named plaintiffs, indud ing those who were most recently added to the action. 5 The original plaintiffs in this case, Rayc Blanchard and Tamara Reed, arc mother and daughter. They allege primary-smoking injuries to Raye Blanchard's late husband, Thomas, who allegedly smoked for more than 50 years, and Raye Blanchard herself, who daims she smoked "for about ten years." In addition, Rayc Blanchard and Tamara Reed both claim damages for unspecified "illness and disease" allegedly resulting from exposure to the ETS from cigarettes smoked by Thomas and Raye Blanchard. Twdve plaintiffs have been added to the case through supplemental and amended petitions. All of the additional plaintilfs' daims appear to relate to active smoking, with one exception. Plaintiff Pamela Kastrin Stephens claims unspecified "lung and respiratory diseases" allegedly caused by exposure to the ETS from the cigarettes smoked by her deceased father. The named defendants are purported to be the six major U.S. cigarette manufacturers, The Tobacco Institute, the Council for Tobacco Research, and a number of wholesalers and retailers. Blauchar4 et aL v. RJ. Reynolds Tobacco Company, et aL (District Court, Galveston County, Texas) (filed July 31, 1992). [11] Bmin: Defendants Respond to Plaintigs' Second Amended Complaint All of the defendants filed their responses to plaintiffs' second amended complaint on January 22, 1993. All responses were in the form of motions to dismiss, although the grounds for the motions varied. Defendants have requested an extension of time within which to file their reply brief in the dismissal of class action allegations appeal: If granted, the briefwill now be due on March 8. At issue in this case are the claims of 30 flight atten- dants allegedly injured by occupational exposure to ETS. The injuries alleged by the putative class repre- sentatives include lung cancer, breast cancer and unspecified respiratory ailments. The defendants are purported to be the six major U:S. cigarette manufac- turers (plus related entities), United States Tobacco Co., Dasal Tobaceo Corp., the Council for Tobacco Research, The Tobacco Insritute, and three other trade associations. Bmin, et aL v. Pfiilip Morris, rt al (Circuit Court, Dade County, Florida) (filed October 31, 1991).