Tobacco Documents Online

6 • Oklahoma A House bill that would prohibit smoking in licensed nursing homes and day care centers was introduced on February 3, 1993, and was sent to the House Commit- tee on Transportation. The bill provides for penalties of (i) a fine for first offense and (ii) imprisonment in the county jail for not more than 30 days, a fine, or both, for subsequent offenses. See H.B. 1015, 44th Ltgislature - 1st Reg. Sess. (1993). • Tennessee Companion bills that would prohibit smoking in elementary and secondary school buildings were introduced in the House and Senate on February 1, 1993. See H.B. 125 and S.B. 205, 98th General Assembly - 1st Reg. Sess. (1993). • Utah A Senate bill that would require businesses with smoking areas to provide information regarding the alleged health hazards of ETS to employees cxposodto ETS passed the Senate and was sent to the House on February 9, 1993. See S.B. 67, 50th Legislature -GeneralSess. (1993). On January 25, 1993, a bill was introduced to prohibit smoking in public schools or facilities or on property on which those facilities are located. It also provides for designated smoking areas for adults during nonschool hours in private schools. Sea H.B: 136, 50th Legislature - General Session (1993). • * Virginia Two bills were introduced and sent to the House Committee on General Laws on January 28, 1993. One bill would revise provisions of the Virginia Indoor Clean Air Act by prohibiting smoking in any public place or public area, authorizing localities to exceed the standards in the act, allowing proprietors to designate smoke-free buildings, and requiring placement of any smoking areas in such a way that the smoke will not be vented or recirculated into nonsmoking areas. The second bill would require employers to furnish a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees, including, but not limited to environmental tobacco smoke as listed by the U.S. Environmental Protection Agency." See H.B. 2431 and H.B. 2393, Reg. Sess. (1992-93). • Wyoming A bill that would ban smoking in state- owned or leased buildings open to the public was introduced on January ETS/IAQREPORT, ISSUE 41 14, 1993. The bill would establish a fine for noncompli- ance and grant the Capitol Building Commission rulemaking authority on this issue. The bill was reported from the Senate Committee on Labor and Federal Rdations with amendment on January25, 1993. Sce S.B. 92, 52d Legislative Session - Gen. Sess. (1993). [12] IAQRdated State and Local Legislative Activities • Massachusetts Two new bills were introduced on January 6, 1993, pertaining to ventilation standards. The first provides minimum ventilation standards in state leased and newly constructed state buildings. See H.B. 772, 178th General Court - Reg. Sess. (1993). The second would require public buildings to meet certain air quality ventilation standards. Both were sent to the Joint Committee on State Administration. SeaH.B. 773, 178th General Court - Reg. Sess. (1993). A third bill, also introduced on January 6, 1993, would establish an interagency coordinating council to address responsi- bility for public health and consumer protection concerning indoor air pollution and other threats. The bill was sent to the Joint Committee on Natural Resources and Agriculture. See H.B. 939, 178th General Court - Reg. Sess (1993). ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [13] Blancha>'i Argument on Motions is Set for March 3 On February 5,1993, ddendants L,iggett and RJ. Reynolds filed a renewed motion to transfer venue along with a motion to strike plaintiffs' first amended com- plaint. Similar motions were filed on February 8 by the wholacaler/distributor defendants. The court has sched- uled argument on the motions for April 30,1993. A eourtrscheduled status conferenee is still set for Matrh 3; counsel for the parties are to meet on March 2. The original plaintiffs in this case, Raye Blanchard and Tamara Reed, are 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 claims she smoked "for about ten years." In addition, Raye

FEBRUARY 19, 1993 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. Twelve plaintiffs have been added to the case through supplemental and amended petitions. All of the additional plaintiffs' claims 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 ofwholesalets and retailers. Blanchard, et at v. R.J. Rtynolds Tobacco Company, et at (District Court, Galveston County, Texas) (filed July 31, 1992). [ 14] Broin: Defendants are Granted Extension to File Brief The Court ofAppeal has granted defendants' request for an extension of time within which to respond to plaintiffs' appeal brief on dismissal of the class action allegations. The reply brief in opposition is now due on March 8, 1993. With respect to defendants' petition for certiorari relating to plaintiffs' attempt to depose top company executives, plaintiffs were granted another extension within which to file their response to the petition. The response is now due on February 19. At issue in this case are the claims of 30 flight attendants allegedly injured by occupational exposure to ETS. The injuries allegod by the putative class representatives include lung cancer, breast cancer and unspecified respiratory ailments. The defendants are purported to be the six major U.S. cigarette manufacnuas (plus related entities), United States Tobacco Co., Dosal Tobacco Corp., the Council for Tobacco Research, The Tobacco Institute, and three other trade associations. Brioin, et al v. Phidip Mo»rs, aaL (Circuit Court, Dade County, Florida) (filed October 31, 1991). [15] * Butler. Plaintiff Serves Deposition Notices on Wholesalers On February 4, 1993, plaintifffs served notices to take corporate-representative depositions on four non- 7 tobacco manufacturer defendants. The depositions are currently scheduled for March 25 and 26, 1993. Each defendant is to produce the corporate officer with the most knowledge of, among other things, the EPA Risk Assessment on ETS. On February 5, defendant Brown & Williamson noticed the depositions of three insur- ance company agents. The depositionsare scheduled for March 9. Counsel for plaintifTs, Roe Frazer, was interviewed recently for an article in the Li7al1 Street JournaL The artide, which focused on the impact of the EPA Risk Assessment on ETS, quoted Frazer as saying, "'I think the EPA report is definitely going to have a major impact upon our lawsuit' because the companies will find it harder to argue that the evidence on passive smoking is inconclusive." See Wall StrettJournA January 7, 1993. In this case, Burl Butler alleges that he has lung cancer and other injuries caused by exposure to ETS in the barber shop he has owned and operated for ap- proximately 30 years. His wife, Dean, daims loss of consortium and emotional distress. The defendants are the six major U.S. cigarette manufacturers and four tobacco wholesalers. Butler v. RJ. Reynold+ Tobacco Co., ct 4 (U.S. District Court, Southern District, Mississippi) (filed October 21, 1992). [ 16] Har, jrG PlaintifEs Claims are Dismissed On January 19, 1993, the court granted plaintiff Joseph Harju's motion to dismiss without prejudice. Harju had filed the motion in August 1992. In dismissing the action, the court did not discuss the merits of Harju's motion; instead, the order addressed only a motion to dismiss under Rule 11 which had been filed by defendant McLane Sunwest. The court denied McLane Sunwest's motion to dismiss, stating there was no evidence Harju's claims were duplicitous or that suit was brought "merely to harass the defendants. Conduct forming the basis of the charge of harassment must do more than bother, annoy or vex the complaining party." In the case, plaintiff claims his health was damaged'as a result of ETS exposure while incarcerated in the Arizona State Prison. His claims are based on negli- gence and strict liability. Harju is due to be released

8 from prison in 1997. McLane Sunwest was apparently the only tobacco-related defendant ever served in the action, although several other tobacco companies, wholesalers and distributors had been named. Harju v. State ofArizona (U.S. District Court, Phoenix, Ari- zona) (filed June 4, 1992). LEGAL ISSUES AND DEVELOPMENTS [ 17] • Workers' Comp Experts Predict Increase in ETS Claims According to an insurance journal article, workers' compensation experts around the country are reportedly predicting that the EPA Risk Assessment on ETS will "provide some impetus for aggressive workers' compensa- tion lawyers to file more daims." Industries in which employees are regularly exposed to ETS are likely to be fertile ground for such daims, the experts say. The National Restaurant Association is reportedly seeking a legal opinion from outside counsel regarding the impact of ETS on workers' compensation claims, and the president of the American Correctional Health Services Association in Honolulu expects that prison guards will file more ETS-related daims. Legal and economics experts observe, however, that there are many reasons why such daims will be re- jected, including the requirement in many states' compensation laws that the exposure be "particularly related to the workplace.° Where such daims are rejected, some attorneys predict that the door will be opened to common law tort litigation against employ- ers. See Business Insurance, February 8, 1993. [ 18] "Smokers' Rights Legislation: Should the State 'Butt Out' of the Workplace?" T.W. Sculco (Student Author), 33 Boston College L Rev. 879 (1992) 'Smokers' rights laws° may be appropriate to protect smoking employees, but they should not be used to protect job applicants, the author of this artide claims. "Unlike an employee, an applicant who smokes has not taken any steps in reliance on his or her ability to smoke." ETS/IAQ REPORT, ISSUE 41 Contending that existing smokers' rights laws are "unfair" to employers, the author proposes a model statute that applies to employees but not applicants. Under the model statute, he asserts, "[eJmployers would be able to take into account the health and economic costs of smoking in their hiring decisions, and employees who were permitted to smoke when hired would be protected against unfair employment discrimination." [ 19] * Lobbyist Threatens ADA Lawsuit Against Legislature A lobbyist for an animal rights group reportedly told state legislators in Connecticut that she may file a lawsuit under the Americans with Disabilities Act if they do not ban smoking at the State Capitol and Legislative Office Building. The lobbyist, who allegedly suffers from asthma, daims that the smoke-filled corridors of the legislative complex effectively block her access to the halls of government. Her attorney, Representative Robert Farr (D-West Hartford), has reportedly filed legislation to ban smoking in public buildings and is representing the lobbyist who is one of his constituents, for free. According to press reports, the legislative manage- ment committee has referred the request to a subcom- mittee for further study. See The Harrford Courant, February 5, 1993. In a related story, Richard Daynard, head of the Tobacco Products Liability Project, predicts that the Americans with Disabilities Act will provide a structure for legal action against restaurants that permit smok- ing. According to Daynard, the law should protect those with asthma and heart or pulmonary conditions who are purportedly being denied access to public places where smoking is permitted. His remarks were quoted in an article about Massachusetts restaurants that are considering adopting smoking bans following the release of the EPA Risk Assessment on ETS. The article concludes by publishing the telephone numbers of organizations that can provide a list of the restau- rants in Massachusetts that are smoke free. See The Boston Globe, January 29, 1993.

FEBRUARY 19, 1993 SCIENTIFIC/TECHNICAL ITEMS UPCOMING MEETINGS [20] "Liability and Compliance in Indoor Air Qual- ity," MidAtlantic Environmental Hygiene Resource Center, Philadelphia, Pennsylvania, April 1, 1993 According to promotional materials, this course will stress avoiding liability through prevention of IAQ problems. Topics to be discussed will indude statutory and case law, effactive management-employee communi- cations during an environmental crisis, existing guidelines, and the regulatory outlook in indoor air quality. The MidAtlantic Environmental Hygiene Resource Center was established by EPA in mid-1992 and reportedly offers "the nation's first permanent indoor environmental training programs." See issue 25 of this Report, July 7, 1992. ETS EXPOSURE AND MONITORING [21] "Passive Smoking and Tobacco Chewing Among Alaska Children: Measuring Saliva Cotinine," R.A. Etzel, D.B. ]ones, C.M. Schlife, J.R. Lyke, F.W. Spierto, and J.P. Middaugh, Journal ofSmoking-Rilated Di,sorders 3(2): 161- 165, 1992 [See Appendix A] Saliva cotinine measurements for 85 Alaskan children (threeso six years old) are reported. The authors daim that 44 percent of the children had cotinine levels "consistenr with passive smoking." Moreover, 3 percent apparently actively used smokeless tobacco, based on cotinine measurements. [22] "Subchronic Inhalation Study in Rats Using Aged and Diluted Sidestream Smoke from a Reference Cigarette," GR.E. Coggins, P.H. Ayres, A.T. Mosberg, J.W. Sagartz, and A.W. Hayes, Inbalation Toxu+vlogy 5: 77-96, 1993 [See Appendix A] In this article, R.J. Reynolds researchers report on a 90-day inhalation study in which rats were exposed to aged and diluted sidestrram smoke (ADSS) as a surrogate for ETS. Mild epithelial hyperplasia in the nasal cavity was reported in rats exposed to "exagger- 9 ated" smoke levels; the cellular changes were completely reversible. No histological'dianges were reported for either "typical" or "extremeA exposure categories. Other end points used in the study reportedly showed "no detectable biological activity" ofADSS. [23] "Environmental Tobacco Smoke in Commercial Aircra&," D.J. Eatough, F.M. Caka, J. Crawford, S. Braithwaite, LD. Hansen, and E.A. Lewis, Atmospheric Environment 26A(12): 2211-2218, 1992 [See Appendix A] These researchers report on the development of a model for calculating the concentration of ETS con- stituents in airplane smoking sections, and the "penetra- tion" of ETS into the nonsmoking section. SMOKING POllCES AND REIATED ISSUES [24] "Smoking Policies of Licensed Child Day-Care Centers in the United States," D.E. Nelson, J.J. Sacks, and D.G. Addis, Pediatria 91(2): 460- 463, 1993 [See Appendix A] This study reports on the analysis of data from a national survey of day-care center directors with regard to employee smoking policies, in an attempt to estimate ETS exposure of children attending day-care fadlities. Whi7e the authors report that 55 percent of the centers banned smoking both indoors and out, and 26 percent banned smoking indoors only, they also claim that 752,000 children will be exposed to ETS in those centers where smoking is restricted by place or time, rather than banned This research was presented in November 1992 as an abstract at the Ameri- can Public Health Association Annual Meeting. See Issue 38 of this Report, January 7, 1993. OTHER DEVELOPMENTS [25] • EPA Risk Assessment on ETS Expected to Impact Employer Smoking Policies Employers around the country are reportedly mthink ing their workplace smoking policies in light of the EPA Risk Assessment on ETS. Although many companies restrict smoking to designated rooms or private offices, the lack of separate ventilation, according to the EPA, may be inadequate to protect workers.

10 Spokespersons for Hewitt Associates in Illinois, A. Foster Higgins & Co. in New York, Raytheon Corp. in Massachusetts, Southern California Edison Co. in California, Belz Enterprises in Tennessee, and Dow Chemical Co. are evidently relying upon the EPA risk assessment to either increase smoking restrictions in their own facilities or advise their clients to do so. Some companies are even taking steps to prohibit smoking out of doors. The most successful strategies for implementing new policies, these spokespersons observe, involve effective communications with employees and advance notice of changes. See Business Insurance, February 8, 1993. [26] • Life Insurance Firm Offers Discount to Smoke-Free Workplaces Reliance Standard Life of Philadelphia, Pennsylvania, is reportedly offering discounts on group term life insurance rates for all new policyholders who have a 100 percent smoke-free workplace. According to a Reliance Standard spokesperson, the EPA Risk Assess- ment on ETS suggests that a change to a smoke-free workplace can improve employees' health significantly. Reliance Life expects "mortality will improve by six percent or seven percent, conservatively." To qualify for the discount employers will have to provide a letter verifying the existence of the smoke-free workplace and a copy of the smoking policy, if written. This insurance policy is evidently available in 49 states and the Distria of Columbia. See Life erHealth, February 1, 1993. [27] • Nation's Resrzurateurs Face New Concerns in Wake of EPA Risk Assessment on ETS A trade publication for restaurant owners recently published an anide and commentary which discuss the ramifications of the EPA Risk Assessment on ETS with respect to the restaurant industry. Some restaurateurs reportedly are predicting "rebellion" among nonsmok ing servers who may refuse to serve smoking customers and possible demands among patrons for walled-in smoking sections with separate ventilation. According to general counsel for the Texas Restaurant Association, the EPA risk assessment is likely to fuel demands for more restrictive laws which may eventu- ally lead to a nationwide ban on smoking in all public places. He also noted that the risk assessment may increase smoking-related liability lawsuits against ETS/IAQ REPORT, ISSUE 41 restaurateurs. Hikes in insurance premiums are also regarded as potential fallout from the risk assessment. Various predictions are being made as well about what impact smoking bans will have upon consumers' dining out habits. The commentary concludes by warning defensive restaurateurs "to rethink strategies for dealing with customer and employee health concerns related to secondhand smoke. And with liability risks and awareness levels rising rapidly, we urge operators to tackle this volatile issue before it tackles you." See Nation's Restaurant Nerus Ntwspaper, January 25, 1993. [28] • California Restaurant Chain Implements Smoking Ban Citing the EPA Risk Assessment on ETS and con- cerns about employee and customer health, the president of Norms Restaurants, based primarily in Los Angeles and Orange Counties, announced on February 8, 1993, that smoking will be prohibited in each of its 16 locations, effective immediately. The restaurants, which are open 24 hours a day, evidently expect a temporary drop in sales based upon experience with a nonsmoking faciliry in Bellflower. Long term profits, however, are not expected to suffer. Company head- quarters, where smoking is permitted in executive offices and employee break rooms, will reportedly be exempt from the policy. See Business MrA February 8, 1993; LosAngela Tima, February 12, 1993. [29] Restaurant Chain Claims Smoking Ban Has Not Harmed Business In July 1991, California Pizza Kitchen adopted a smoking ban in all of its 27 company operated stores. According to co-chair and co-founder Larry Flax, the policy has not harmed normal sales growth since that time. The Los Angeles-based pizza and pasta chain reportedly operates restaurants in cities throughout the United States and is the only national restaurant chain that enforces a smoking ban, even on its patios. See PR Neunuwim February 4, 1993. [30] Nonsmokers Rights Group Presses for Smoke- free Nightdubs Americans for Non-smokers' Rights is reportedly trying to convince nightclubs and other music venues

FEBRUARY 19, 1993 to go smoke free. The movement has apparently gained the support of such musicians as Boyz II Men, En Vogue, Linda Ronstadt, John Lee Hooker, Richard Marx, Bobby McFerrin and Tuck & Patti. According to press reports, McFen:in, Tuck & Patti and the Roches, within the past four months, have requested that their shows be smoke free. Ste USr4 Today, February 4,1993. [31] • Restaurant Guide Prepared in Response to EPA Risk Assessment on ETS Public health experts have reportedly published a guide to the 175 restaurants in San Francisco that do not permit smoking. The guide, which is available free of charge, was evidently released in response to the EPA Risk Assessment on ETS. See The San Francisco Chronicle, February 3, 1993. [32] ASH Issues National Survey on Smoking and Health Earlier this month, ASH distributed to those on its mailing list a two-page "National Survey on Smoking & Health." The first two questions in the survey relate to ETS. They ask what action, if any, the government should take with respect to smoking policies in (i) public places and (ii) private workplaces. Four answer choices are provided: Ban all smoking; permit smoking only in separate sections; only enforce decisions made by owners; or do nothing. The other questions in the survey ask whether the government should spend more money on "antismoking education," whether the government should discontinue tobacco subsidies, whether the United States should ban tobacco advertising, and whether the government should require smokers to pay more for health insurance. The cover letter accompanying the survey advocates the use of"citiun-supported legal action" to "guarantee every nonsmoker the right to breathe air unpolluted by tobacco smoke in all public places, induding the workplace." Recipients of the letter are asked to return the completed survey along with a monetary contribution. [33] • High School Students Close Teachers' Smoking Lounge At Wantagh High School in New York, two students responded to the EPA Risk Assessment on ETS by 11 launching a campaign to close the teachers' smoking lounge located across the hall from their afternoon~ calculus dass. By a vote of 88-20, school employees agreed to dose the lounge after the students waged an information and lobbying campaign. The matter may be subject to collective bargaining, however, and the employees' union maintains that a ban must be negotiated. New York City schools and several districts on Long Island are reportedly smoke-free, but it is believed that this is the first time where the impetus to adopt such a policy came from students. See Nrwsday, February 13, 1993. [34] West Virginia Poll According to a newspaper article, a West Virginia poll indicates that 72 percent of residents favor setting aside smoking areas in hotels, motels, the workplace, and restaurants. West Virginians' attitudes apparently dosely parallel national trends revealed in a December 1991 Gallup poll. That survey found 66 percent to 70 percent of people nationwide favor designated smoking areas in public. The poll was conducted by telephone interviews between January 11 and 14, 1993, the week following release of the EPA Risk Assessment on ETS. It was conducted by a polling company for the Charla- ton Daily Mai4 WSAZ Television 3 and Assacsated Fras, using a random sample of 409 West Virginia residents. See Charleston Daily Mai4 February 15, 1993. MEDIA COVERAGE [35] "Q and A," Real Estate Desk, The New York Times, February 7, 1993 A co-op shareholder wrote to The Times asking if she has any right to a smoke-free home. Evidently, fellow shareholders smoke heavily, and the odor of fresh and stale smoke allegedly permeates her home. She said she was writing out of concern for her health. The answer provided was that the only way she could force fellow tenants not to smoke would be if she could prove that "the smoke is so odious that it violates the legal tenet known as the warrant of habitability." Although "environmental problems" such as excessive noise are generally prohibited by co-op by-laws and documents, the chairman of the Council of New York

12 Cooperatives, who was consulted for the response, observed that there have been no known instances of any co-op board taking action to restrict owners from smoking in their own apartments. [36] •"Something New to Chew Over in the Oval Office," R. Emmett Tyrrell, Jr., The Waahington Times, February 7, 1993 In this commentary, the author disputes the findings of the EPA Risk Assessment on ETS, calling it "shoddy science," and discusses the Clintons' decision to ban smoking in the White House. The author states that consistency will require that produce sprayed with pesticides, dectric appliances emitting electromagnetic fields, and chlorinated water be banned as some studies indicate they pose greater health risks than exposure to ETS. When the Washington press corps sought to dispute daims that the Clintons do not smoke by producing photographs depicting President Bill Clinton on his campaign plane with a cigar, the President's press secretary said he doesn't smoke cigars, he dtews on them. Accord- ing to this commentator, our "youthful president" has devised a method of "safe smoking." [37] Perfume Ban Sparks Controversy in San Franctisco With comparisons to the controversy over smoking bans and ETS, attention has been given in the media recently regarding the efforts of San Francisco's mayor and chief administrative officer to make public meet- ings accessible to those who allege they have chemical sensitivities. In November 1992, a memo was report- edly circulated to San Francisco department heads stating, "In order to allow individuals with environ- mental illness or multiple chemical sensitivity to attend the meeting or hearing, individuals are requested to refrain from wearing perfiime or scented products." Proscribed products indude hair mousse, body lotion and clothes that have recently been to the dry cleaners. The cosmetics industry has reportedly been unable to convince the mayor to change the ban, and a similar ban is now being considered in Marin County. On a statewide level, a group that lobbies on behalf of people with alleged chemical sensitivities has apparently asked libraries and schools to subscribe only to "fragrance free publications." Critics and commentators warn that deodorant and soap may be next on the "political ETS/IAQ REPORT, ISSUE 41 correctness" agenda. See The San Francisco Chroniclr, February 3, 1993; Transcript, CBS Evening News, February 12, 1993. IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS CANADA [38] • Durham Regional Council Seeks Public Input on Smoking Bylaw The Durham Regional Council reportedly endorsed a model bylaw in December 1992 that would' restria smoking in public places to designated areas. The public health nurse for Durham Region, citing the U.S. EPA Risk Assessment on ETS, said that people are more aware of the alleged health effeccs of ETS exposure now, and residents are being given the opportunity to provide input into the proposed bylaw. A public meeting will be held later this winter on the matter. See The Toronto Star, February 11, 1993. CHINA [39] Government to Consider Extending Smoking Ban Accon3ing to Health and Welfare Secretary Flizabeth Wong Chien Chi-lien, the government is considering whether to extend existing smoking bans to more public places. The bans would be part of a larger package of initiatives designed to discourage smoking. See South China MomingPoA February 4,1993. HONG KONG [40] ETS Health Warnings Now Required on To- bacco Products The government has reportedly adopted new regula- tions which, among other matters, would require health warnings regarding ETS to be printed on tobacco products and cigarette packets. The warnings would state "smoking is harmful to oneself and others." See Sing Tao Daily, January 27, 1993.

FEBRUARY 19, 1993 ISRAEL [41] Smoking Restrictions to be Introduced by Health Minister Health Minister Haim Ramon will reportedly introduce regulations to ban smoking in all workplaces exeept for restricted "smoking rooms.° Although more than 30 percent of Israel's adult population smokes, surveys have shown that a large majority, induding smokers, favors workplace smoking restrictions. Smoking is already reportedly barred in theaters, sports facilities, hospitals, supermarkets, banks, post offices, taxit, buses and deva- tors. 'Me Health Minister is reportedly considering adding "non-residential places where bridge is played," to that list. See TlxJnusalem Posx February 4, 1993. No1NVAY [42] Government OfI'ices in Oslo Adopt Smoking Ban On January 1, 1993, a total smoking ban was report- edly introduced in government offices in the old part of the city of Oslo. Evidently, this is the first area of Oslo in which such a ban has been introduced. See Arbeiderblade>; December 29, 1992. SWEDEN [43] Smoking Legislation Introduced The government has reportedly introduced a tobacco bill that would restrict workplace smoking in nurseries, schools and hospitals. Smoking in these establishments would only be permitted in designated smoking rooms. Restaurants would also be subject to the restrictions; those with more than 50 seats would be required to designate nonsmoking areas. Hotels and similar establishments would reportedly be required to offer nonsmoking rooms. In addition, smoking in public service vehides would be prohibited. Smoking com- partments, however, would be permitted on trains. See Svenska Dagblad4 February 5,1993. [44] Stockholm Politicians Consider Restaurant Smoking Ban Several members of the Stockholm county council have reportedly suggested that Stockholm's restaurants should 13 impose smoking bans during a trial period this autumn. The plan would require that 50 different types of restau- rants provide smoke-free service during certain days of the week. Apparently, this would be done on a rotational basis. See Sr,rnka Dag6ladet, February 1, 1993. UNTTED KINGDOM [45] Workplace Smoking Control Bill Introduced On February 2, 1993, Labour's George Foulkes introduced the "Health and Safety at Work (Tobacco Smoking) Act 1993," in the House of Commons. A copy of the bill is attached as Appendix C. The Act prohibits smoking in enclosed work areas but allows employers to set aside designated smoking areas if they so choose. The Act also provides that an employee shall be deemed unfairly dismissed if such employee is principally fired for refusing to work in a smoking area, or if the employee voluntarily leaves berause the employer fails to provide a smoke-free area. The Secretary of State is charged with, among other things, making regulations: (i) specifying the term "designated" area; (ii) defining which areas will be exempted; and (iii) requiring consultation with em- ployees before deciding which areas are designated. According to press reports, the bill is apparently unlikely to prooad further becau.se of pressures on the parliamen- tary timetable, although MP Foulkes has reportedly challenged the government to allow time for its passage. See Pren Arroriation Neuaf 'tle, Febniary 2, 1993. [46) Smoking Ban Imposed in Health Care Facilities Beginning March 1, 1993, all hospitals, health centers, clinics and offices controlled by the Argyll and Clyde Health Board will reportedly ban smoking. According to a Board spokesperson, contracrs of employment could be terminated if staff members fail to comply with the new policy. Segregated smoking areas are reportedly being recommended. See Glasgow Evening Tirrtes, January 22, 1993. [47] Fines Threatened if Voluntary Smoking Bans are not Introduced In a Commons written reply following Opposition calls for a ban on tobacco advertising, Health Minister

14 Dr. Brian Mawhinney reportedly stated that the government would consider assessing fines of up to 200 pounds if voluntary smoking bans are not imposed in eight out of ten public places by next year. See Today, January 27, 1993. LEGAL ISSUES AND DEVELOPMENTS AUSTRALIA [48] Experts Warn of Legal Action Against Smoking Parents Family law specialists are reportedly predicting that parents who fail to provide their children with a smoke free environment in the home may face restraining orders, particularly in child custody cases where the allegedly- affected child has a brondhial'~problem and there is medical evidence to relate the problem to ETS exposure. Stephen Woodward, executive director of ASH, believes that a pre-existing illness should not be necessary as "the mere risk of lung cancer is sufficient for parents not to smoke around kids." According to Woodward, several individuals in Melbourne have sought his advice on the issue. See Herald-Surn, January 26, 1993. THE NETHERLANDS [49] Netherlands Smoker Fined in June Challenges Smoking Ban A woman who was fined in June 1992, for smoking on a local train in the north of the country has reportedly challenged the smoking ban as having no legal basis. Apparently, only national railway officials can impose a smoking ban in one section of a train. The national railway, reportedly in accordance with the challenge, has decided to allow smoking in the entrance of each com- partment. According to press reports, the national railway may implement a general smoking ban on some types of trains beginning January 1, 1994. SKlk Volkskraru December 24, 1992.. NEW ZEALAND [50] Legal Aid Submission Filed on Behalf of To- bacco Companies Rothmans of Pall Mall Ltd., WD & HO Wills Ltd., and Philip Morris Limited have reportedly filed a ETS/IAQ REPORT, ISSUE 41 submission with the Legal Services Board regarding the funding of possible tobacco litigation in New Zealand. The submission refers to newspaper articles which indicate that ASH is actively seeking plaintiffs with ETS daims to bring lawsuits against the tobacco industry. Although the submission emphasizes the failure of smokers who have brought lawsuits around the world, its arguments regarding the problems for plaintiffs in terms of expense and proving causation, and the many legal defenses that are available to the tobacco companies, are equally applicable to ETS claims. A similar submission was made on behalf of the tobacco companies in Australia. See issue 40 of this Report, February 5, 1993. UNITED KINGDOM [51] Settlement in ETS Case Provokes Widespread Interest The settlement of the Veronica Bland case, which involved a daim of injury from ETS exposure, see issue 40 of this Report, February 5, 1993, has been widely publicized in the media and appears to be spurring interest in further litigation and regulatory activities. One newspaper article observes that ASH is consider- ing supporting legal actions against about 20 different employers who allegedly fail to provide facilities that separate smokers from nonsmokers. The cases report- edly include an office deaner for a Liverpool tobacco company, a bank clerk, and a health authority em- ployee. According to ASH, the most likely "victims" are bar staff, waiters and workers in small offices. See The Guardian, January 28, 1993. There are several additional items in this Report in which reference is made to the Veronica Bland case. They include discrimination against smokers by the Royal Liverpool University Hospital; a Teletext survey of viewers on workplace smoking bans; predictions about funher similar legal actions; and a commentary on antismoking fervor. [52] ETS "Victim" Hotline Set Up In response to the Veronica Bland case, a Bristol law firm has reportedly set up a hotline for "passive smoking victims" to register claims. Solicitors Roger

FEBRUARY 19, 1993 Gibbs and Co. will apparently ask potential daimants to complete a confidential'questionnaire and will then offer a free consultation with the firm. According to one of the firm's partners, the firm will try to provide assistance to those employees who feel they have genuine daims but do not have union support to pursue their daims. See Brisavl EvrningPosA January29,1993• SCIENTIFIC/TECHNICAL ITEMS UPCOMING MEETING [53] "Indoor Air Quality and Respiratory Disease," London, England, April 14, 1993 This one-day conference is expected to focus on respiratory health problems induding asthma and lung cancer, in the context of indoor air quality. Speakers will indude Martin Jarvis, who will present "Exposure to Passive Smoking The Evidence from Measures of Cotinine," and Peter Lee, who will present "Environ- mental Tobacco Smoke and Lung Cancer." Other presentations will focus on scientific considerations on indoor/outdoor air quality, indoor allergens and childhood asthma, airways hypersensitivity, respiratory virus infections, and birds and diseases. The conference is sponsored by Indoor Air Interna- tional in association with the Medical Research Council Toxicology Unit and the Centre for Toxic Waste Management, Imperial College of Science, Technology & Medicine. CARDIOVASCUTAR ISSUES [54] "The Heart: A Target Organ for Cigarette Smokin&" A. Leone, Journal ofSmokingRelated Disorders 3(3): 197-201, 1992 [See Appendix A] The author of this artide reports briefly on several studies on "the role of smoking on the cardiovascular system." He indudes a study of cardiac performance during exercise, in which men were exposed to a "smoking environment." The author daims that the study subjects "showed impaired cardiac performance" when exposed to smoke. 15 RESPIRATORY DISEAASES AND CONDITIONS - CHILDREN [55] "Drug Consumption During the First 18 Months of Life of Infants from Smoking and Non-smoking Families," A. Hakansson and C. Peterssson, British Journal of General Practice 42: 362-365, 1992 [See Appendix A] The authors of this Swedish study report on drug consumption by infants, in relation to "social vari- ables," including parental smoking. They report that infants from smoking families were prescribed signifi- candy more antibiotics than were infants from non- smoking families. Treatment for respiratory tract infections was also reportedly higher in infants from smoking families. OTHER HEALTH ISSUES [56] "Risk Factors for Atrial Septal Defect," J. Tikkanen and O.P. Heinonen, European Journal ofEpidemiology 8(4): 509-515, 1992 [See Appendix A] This study focuses on environmental factors during pregnancy as possible risk factors for atrial septal defect, a malformation of the heart, in infants. The authors present statistically nonsignificant odds ratios for ETS exposure at home or at work. OTHER DEVELOPMENTS AUSTRALIA [57) • Shopping Centre to Introduce Smoking Ban Brookside Shopping Centre in Brisbane will report- odly be the first in the area to introduce a total smok ing ban. The ban will cover shoppers as well as the 1,500 employees at the centre's 107 stores. The ban will go into effect on March 31, 1993, and smoking shelters will be provided outdoors for workers to smoke during their breaks. The policy is reportedly being adopted following successful legal challenges by individuals allegedly claiming injury from ETS expo- sure. Other cenues in the area have no immediate