Tobacco Documents Online

6 See United Press Intrrnationa4 February 18, 1993, and The Washington Post, February 24 and 25, 1993. • Washington According to a news report, theJegislature is consider- ing a law that would ban smoking in automobiles which are carrying people under the age of 16. See Chamul5 News, WMAQ TV (NBC), February 1, 1993. •In addition, citing the EPA Risk Assessment on ETS, the State Board of Health has reportedly passed a resolution by unanimous vote calling upon state officials and legislators to pass legislation and support other efforts to discourage the use of tobacco products by youth. See PR Netvrwire, February 16, 1993. [8] IAQ Related State and Local Legislative Activities • Florida On February 9, 1993, a bill was introduced and sent to the House Committee on Governmental Operations that would require the Management Services Depart- ment to evaluate and develop procedures to improve indoor air quality in state buildings. The bill would require said agencies to operate mechanical ventilation infiltration systems in compliance with certain industry standards. See H.B. 1723, 13th Legislature - 1 st Reg. Sess. (1993). • Missotui On January 6, 1993, a bill was introduced that would require the Department of Health to establish and enforce air qualiry and ventilation standards in public buildings through establishment of an indoor air program. The measure would apply to buildings owned or leased by the state; state, county and munici- pal buildings occupied by public employees would be operated according to ASHRAE Standard 62-1989. The measure was sent to House Committee on Public Health and Safety. See H.B. 245, 87th Legislative Assembly - l st Reg. Sess. (1993). • New York A bill was introduced on February 16, 1993, and sent to the Assembly Committee on Health that would require building owners to maintain an indoor envi- ronmental plan. See A.B. 3603, 215th General Assem- bly - 1 st Reg. Sess. (1993). On January 21, 1993, a bill was introduced that directs the Department of Environmental Conservation to ETS/IAQ REPORT,ISSUL 42 establish standards for acceptable indoor air quality applicable to all public buildings within the state. The measure was sent from the Assembly Committee on Environmental Conservation to the Committee on Ways and Means. See, AB. 1397, 215th General Assembly - 1 st Reg. Sess. (1993). • Utalt A bill that relates to ventilation in smoking areas and that would provide ventilation standards for smoking areas was introduced on February 9, 1993. See H.B. 434, 50th Legislature - General' Session (1993). ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [9] Blanchard Court Holds Scheduling Conference At a scheduling conference held'on March 3, 1993, the court set a briefing and discovery schedule leading up to an Apri130 hearing on defendants' motions to transfer venue to the District Court of Dallas County. The court did not set a trial date for the case or schedule a pretrial conference. Three of the 14 plaintiffs in this case presently allege injury from exposure to ETS. Raye Blanchard and Tamara Reed, mother and daughter, both claim damages for unspecified "illness and disease" allegedly resulting from~exposure to the ETS from cigarettes smoked by Raye's deceased husband, Thomas, and by Raye herself, who claims she smoked "for about ten years." The third ETS 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. Blancliard, er at v. R.J. Reynolds Tobacco CompanY, et al. (District Court, Galveston County, Texas) (filed July 31, 1992). [10] Broin: Trial Court Hears Lorillard's Motion for Sanctions On March 3, 1993, the trial court heard argument on Lorillard's motion for sanctions. The judge gave plaintiffs two additional weeks to fully respond to the

MARCH 5, 1993 outstanding interrogatories and requests for produc- tion. He reserved ruling on the sanctions. In the Third District Court of Appeal, plaintiffs filed' their response to defendants' petition for certiorari on February 19, 1993. The certiorari petition seeks review of the trial court's denial of a protective order concern- ing notices to depose senior executives of six defen- dants. Defendants' reply is due on March 16. Also in the Third District Court of Appeal, defen- dants have asked for a 20-day extension for filing their responsive brief in the appeal of the trial court's order dismissing the class action allegations of plaintiffs' complaint. If the request is granted, the brief will be due on March 29. Plaintiffs filed their opening brief on January 19, 1993. At issue in this case are the daims of 30 flight attendants allegedly injured by occupational'exposure to ETS. The injuries alleged by the putative dass representatives include lung cancer, breast cancer and unspecified respiratory ailments. The defendants are purported to be the six major U! S. cigarette manufacturers (plus related entities), UST, Inc., United States Tobacco Co., Dosal Tobacco Corp., the Council' for Tobacco Research, The Tobacco Institute, and three other trade associations. Broin, rt al v. PhiGp Morris, a aL (Circuit Court, Dade County, Florida) (filed Oaober3I,1991). *[I1] Butlrn Plaintiffs Take 30(b)(6) Depositions Plaintifl's conducted Rule 30(b)(6) depositions of the four tobacco wholesaler defendants on February 25 and 26, 1993. The areas of inquiry in the depositions included the alleged health effects of ETS and the EPA Risk Assessment on ETS. Plaintiffs have requested additional time to file a supplemental brief on their motion to remand based on testimony from the depositions. 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, claims loss of consortium~and emotional distress. The defendants are the six major U.S. cigarette manufacturers and four tobacco wholesalers. Butlrr v. R.J. Rrynolds Tobacco Co., et al.(U! S. District Court, Southern District, Mississippi) (filed October21, 1992). ETS/1AQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS •[ 12] Department of Housing and Urban Develop- rnent, Region V and Amrrican Federation of Government Employees Local3701, Case No. 92 FSIP 205 (Federal Service Impasses Panel) (decided February 11, 1993) . A Federal Service Impasses Panel has ordered thatt smoking no longer be permitted in private offices in the HUD office in Cleveland, Ohio. The order follows union complaints that employees in work stations adjacent to the private offices were being exposed to ETS due to the inadequacy of the ventilation system to completely clear the ai'r. Citing the EPA Risk Assess- ment on ETS as part of "the overwhelming body of scientific evidence that has conclusively established the health hazards associated with the passive inhalation of second-hand or environmental tobacco smoke,° the Panel also, sua sponte, banned smoking from desig- nated sections in lunch and break rooms. According to the Panel, employees who smoke will only be permit- ted to do so in reasonably accessible outdoor areas that provide a measure of protection from the elements. LEGAL ISSUES AND DEVELOPMENTS [13] Underwriting Newsletter Minimizes Potential Impact of the EPA Risk Assessment on Damage Awards in ETS Cases "Pronouncements of the plaintiff's bar notwithstand- ing, there is little reason to anticipate any significant impact on damages underwriters can expect to pay nonsmoking victims of lung cancer or other respiratory ailments as a result of EPA's classification as a 'Group A' carcinogen," Best's Underwriting Ntwllrttcrstates in its February 1993 issue. "Plaintiffs must still bear the burden of proving the causal relationship between exposure to secondhand smoke and their own injuries, a process which is significantly more difficult than simply attributing the deaths of 3,000 nonsmokers each ycar to passive smoking." The article criticizes numerous aspects of the science in the risk assessment. According to the article, "The strongest criticism of EPA's findings lies in their

8 acceptance of statistical significance at a 90% confi- dence interval. This constitutes a significant departure from all past EPA hazard assessments as well as gener- ally accepted research standards, which demand at least 95% confidence to support conclusions as strong as those EPA has drawn." The article concludes that the "scientific evidence supporting the risk assessment is the least persuasive EPA has ever accepted." The article further asserts that "[Ib]usinesses that permit smoking on the premises may arguably face an exposure to claims byy customers or employees, but the prevalence of ETS, the relatively low level of exposure and the lack of any scientific evidence linking it to adverse health effects should serve to insulate them." The article claims that tobacco companies, rather than employers and businesses, "remain the most promising defendants" for ETS litigation. The article also claims that the risk assessment is likely to promote new state laws restricting smoking in public places and OSHA standard'on smoking in the workplace. See "Will Passive Smoking Claims Burn Your Bottom Line?" Best's UndmriritingNrwsktrer, February 1993. The publisher of the newsletter, A.M. Best Company, Inc., provides a wide range of underwriting informa- tion to U.S. insurance companies. [14] Tort Reform Measure May Impact ETS Litiga- tion in Texas The state legislature has reportedly sent a measure to Governor Ann Richards (D) that would prohibit suits against the manufacturers of products that are claimed to be widely known to be dangerous even when used as designed, such as tobacco, alcohol and other items of personal consumption such as butter and sugar. Critics of the measure say they believe it will stifle ETS lawsuits, although such suits are not specifically addressed in the measure. See The Dallac Morning News, February 20, 1993. •[15] "Secondhand Smoke Suits May Catch Fire," A. Blum, The National Law fourna4 March 1, 1993 With references to the EPA Risk Assessment on ETS and the Americans with Disabilities Act (ADA), this article discusses the predictions that are being made about an increase in ETS litigation. Members of the ETS/IAQ REPORT„ ISSUE 42 plaintiffs" bar reportedly claim that the risk assessment "has created such a high degree of public awareness," that it will be easy to meet the burden of proof on causation in ETS cases. Other attorneys disagreed with this analysis, however, stating that science does not support the risk assessment. The Broin and Butltrcases are highlighted in this article, and brief inention is made of Helling v. McKinney, the prisoner ETS case currently pending before the U:S. Supreme Court. According to Richard Daynard, who was consulted for this article, there have been a "good number" of ETS cases and more are on the way. He argues that the ADA will be a powerful tool in banning smoking in public places to make them accessible to individuals with asthma. An official with the Equal Employment Opportunity Commission, which is enforcing the ADA, disagreed, stating "'The ADA does not require employers to have a smoke-free environment or prevent it.'" Even if a person could prove that asthma or an allergy were disabling, the official added, it is unclear whether the ADA would require a smoke-frec environment. "'That could also be an undue hardship on the company and other employees,'" the official is quoted as saying. The article also speculates that the risk assessment may prompt new OSHA regulations and discusses the action taken by departing Labor Secretary Lynn Martim in response to the risk assessment. [ 16] Supreme Court Success Could Bring New Lawsuit Nevada prisoner William McKinney, whose case against state prison officials is currently pending before the U.S. Supreme Court, has reportedly said that he will sue on behalf of smokers if his case results in a ban on cigarettes in prison. HrUing v. McKinnrr (U.S. Supreme Court) (argued January 13, 1993). McKinney, a nonsmoker, claims that exposure to ETS in prison is cruel and unusual punishment under the Eighth Amendment, and he wants Nevada to provide separate nonsmoking areas in prisons. He is, however, apparently sensitive to the problems allegedly expcri- enced by inmates who try to quit smoking, and does not want them to suffer in a totally smoke-frce prison environment. SrrAssociaud Press, February 27, 1993.

MARCH 5, 1993 SCIENTIFIC/TECHNICAL ITEMS UPCO4ING MEETING [17] The American Institute of Architects Video Teleconference, March 4, 1993 According to a news report, this teleconference will fozus on building design solutions to indoor air pollution and sick building syndrome. The teleconfer- ence is scheduled to be broadcast via satellite to about 150 cities within the United States and will be hosted by Denis Hayes, president of the Bullitt Foundation. The agenda includes panel discussions and Q&A ' sessions regarding multiple chemical sensitivity, future office designs and building diagnostics. See Indoor Pollution News, February 19, 1993. INDOOR AIR QC;ALI'Tl' [18) "Sick Building Syndrome: Medical Evaluation of Two Work Forces," D.A. Middaugh, S.M. Pinney, and D.H. Linz, Journalof Occupational Medicine 34 (12): 1197-1203, 1992 [See Appendix A) I The authors of this study report on their evaluations of two work forces complaining of sick building syndrome. They suggest that medical examinations indicated only minor abnormalities, but claim that neurologic and cognitive function were "strikingly abnormal." They suggest that the latter measurements may be correlated with such symptoms as headache, dizziness, and weakness. [ 19] "Assessment of Exposure to Radon Decay Products in Realistic Living Conditions," P.T. Wasiolek, P.K. Hopke, and A.C. James, Journal of Exposure Analysis and Environmental Epide- miologq 2(3): 309-322, 1992 [See Appendix A] This paper reports on radon measurements made using a new instrument, which were then used to assess a dosimetric model. The new measurements reportedly result in a two-fold higher dose estimate. Dose esti- mates were also reportedly lower if a smoker was present, presumably because more radon progeny could attach to smoke particles. 9 OTHER DEVELOPMENTS *[20] McDonald's Corporation Begins Testing Smoking Bans in Restaurants Extensive media coverage has accompanied the announcement by McDonald's Corporation executives that a smoking ban is being seriously considered in its nearly 9,000 restaurants nationwide. A test ban reportedly went into effect in 40-50 restaurants on February 22, 1993. According to a company spokesperson, the decision was not directly related to the EPA Risk Assessment on ETS, although "`with the new information that's come out over the past year on passive smoking, we felt it was a good time to look into this,'" she was quoted as saying. See Chicago Tribune, February 20, 1993. The cautious approach to the issue by the giant fast-food chain is apparently designed to permit the assessment of customer and employee reaction. Antismoking activists such as John Banzhaf, executive director of ASH, reportedly say that their campaign to urge fast-food restaurants to adopt smoking bans has been strengthened by the EPA risk assessment and believe thar McDonald's, as the trendsener in the business, could convince other chains to follow its lead. See The Washing- ton Post, February 19, 1993; The New York Times, February 20,1993; Miami Heralr.r; February 19, 1993. The Reuter European Business Report, February 19, 1993; Agence France PPressr, February 19, 1993; The Reuter Asia- Pacifrc Business Report, February 19, 1993;11BC N"rglir}, , Neun, February 19, 1993; and CBSEveningll'ews, February 19,1993. •[21) Smoking Law Exemption Requests Over- whelm Joint City-County Commission Restaurant, bowling alley and bingo parlor propri- etors have reportedly sought hardship exemptions from tough new antismoking ordinances that are intended to establish smoke-free workplaces by the end of the year in Sacramento County, California. The Sacramento Environmental Commission, a joint ciry-counry enforcing body, has no criteria to follow in granting the exemptions, and is reportedly spending a consider- able amount of time ruling on the requests. The American Lung Association has apparently warned the commission that the EPA Risk Assessment

10 on ETS will probably lead to stricter laws that will ultimately prohibit the exemptions granted under the ordinance. See Sacramento Bee, February 11, 1993. •[i22] Antismoking Activists Agree to Pursue Extension of Smoking Bans A coalition ofhealtlt groups reportedly sponsored a meeting in Washington, D.C., in January 1993, to discuss antismoking initiative priorities for the year. Participants at the meeting, apparently elated'with the release of the EPA Risk Assessment on ETS, agreed that they would work toward extending existing ordinances that require smoking bans in public places. SrtJournalof tfxAmerican Medical Auociation, February 10, 1993. *[23] Nationwide Smoking Cessation Program Initiated Citing the EPA Risk Assessment on ETS, U.S. Surgeon General-designate M. Joycelyn Elders, M.D., reportedly announced on February 23, 1993, that Lederle Laborato- ries, in conjunction with state and local health agencies, will provide smoking cessation aids free of charge to smokers nationwide. Lederle, which manufactures nicotine transdetmal patches, will provide two million of the patches and accompanying support services through various health programs. The patches will be enough for 50,000 participants. Some states are reportedly consider- ing providing the patches to prisoners in facilities that have been~dedared smoke free. Other states apparently plan to provide the patches through maternal and child health programs. See Reutrr Transcript Report, Febru- ary 23, 1993. *[24] Naval Aircraft Carrier to go Smoke Free Navy officials, spurred by the EPA Risk Assessment on ETS, have reportedly accelerated their plans to ban shipboard smoking on the USS Theodore Roosevelt by restricting smoking to seven restrooms. A total ban will go into effect on July 4, 1993, some three years earlier than originally planned. According to press reports, the aircraft carrier's policy will make it the first Atlantic Fleet carrier to adopt a smoke-free policy. See United Press Intrrnational; February 18, 1993. [25] New Jersey Companies Surveyed About Smok- ing Policies A New Jersey law that requires businesses with more than 50 employees to institute smoking policies has ETS/1AQ REPORT, ISSUE 42 evidently motivated smaller companies to adopt their own restrictive policies. According to a survey of New Jersey employers, 31 percent of mid-sized employers and ]] percent of smaller employers have adopted smoking policies under the mistaken belief that they are required to do so by state law. Some 69 percent of the sites surveyed reported that they had adopted smoking restrictions at the direction of the business owner rather than in response to other concerns such as local fire, health or safety ordi- nances. See BNA Ocrupational Safrty erHealth Reporrtr, February 17,1993. •[26] Pittsburgh Corporation Bases Smoking Ban on EPA Risk Assessment Miles, Inc., a Fortune 100'research-based company, has reportedly announced that it will prohibit smoking at its headquarters in Pittsburgh, Pennsylvania, beginning on March 1, 1993. Until the EPA released its Risk Assess- ment on ETS, the company had'announced to its employees that it was going to permit smoking in desig- nated areas in its buildings. Now, smoking will only be permitted in designated outside locations. The policy will affect visitors and contractors as well as the company's 1700 employees. See PR Ncuwru.ir4 February 25, 1993. •[27] Michigan Antismoking Group Announces Legislative Agenda The Michigan Coalition on Smoking OR Health has reportedly announced that, based on the EPA Risk Assessment on ETS, it will lobby the legislature during its 1993-11994 session~to adopt a statewide tobacco-free schools policy, increase nonsmoking areas in restau- rants, and expandrhe Clean Indoor Air Act into private workplaces. The Clean Indoor Air Act currently limits smoking to designated areas in publicly owned workplaces and in many public places. Ste PR Newswire, February 24, 1993. [28] Candidate for Senate Seat Expresses Smoking Views Former Texas Attorney General Jim Mattox (D), who is a candidate in the special election being held to fill the seat vacated by Senator 1Joyd' Bentsen (D-Tex.), is reportedly campaigning on a promise to make America "smokeless within 10 years" by advocating laws to ban smoking in public and other areas. See The DalGu 1llorningNews, Fcbruary 7, 1993.

MARCH 5, 1993 MEDIA COVERAGE. •[29] "To the Editor," J. Carter, The New York Times, February 21, 1993 Citing the EPA Risk Assessment on ETS, former Presidcnt Jimmy Carter suggests that an increase in the federal cigarette excise tax of $2.00 a pack would contribute to reduction of the federal budget deficit and would effectively reduce tobacco use. Carter states, "Every year nearly half a million Americans die from direct and passive smoking.... This proposal would raise more than $30 billiom a year in new revenue, which could be put to good use paying for health care reform, childhood immunization efforts and'other high priorities. In this way, tobacco could begin to pay its fair share of the tremendous costs it imposes on our society." ~[30] "A law to protect kids from smoke," R.J. Durbin, Chicago Tribune, February 18, 1993 In this opinion piece, Representative Richard J. Durbin (D-IIl!) discusses the EPA Risk Assessment on ETS and the legislation he has introduced to prohibit smoking in facilities providing federally funded programs and services. (H.R. 710.) See issue 41 of this Report, February 19, 1993. Stating "you don't have to smoke to suffer; the harmful effects of tobacco," Durbin says he finds it "ironic" that some of the federal programs that pro- mote the health and wellLbeing of children, such as Head Start, WIC (Women, Infants and Children), and health care and day care programs, "do not ensure that children, while participating in them, are protected from the harm of secondhand tobacco smoke." ~[31] "Where There's Smoke, There's Somebody Fired Up Against It," R. Schatz, New York Newsda,y, February 21, 1993 This artide discusses the EPA Risk Assessment on ETS and the efforts that are being made around the country to limit workplace exposure to ETS. According to David Vladock, acting director of Public Citizen Litigation Group, OSHA will likely make ETS a top priority when a new director is named. The author attributes to Public Citizen a successful campaign against OSHA to force the regulation of other carcinogens. 11 •[32] "Stop Smoking, Quit for Your Kids," B. Arnot, M.D. CBS This Morning, February 15- 19, 1993 This series, broadcast on network television, explored ETS andlsmoking and health issues. The first program in the series opened with a reference to the EPA Risk Assessment on ETS and~ focused upon a smoking cessa- tion program purportedly being conducted to benefit children in Mount Carmel, Illinois, whose parents smoke. Str issue 38 of this Report, January 7, 1993. The third program in the series highlighted a smokers' helpline telephone counseling service that is available to smokers in California. According to one of the helpline counselors, many of the callers are concerned about the alleged health effects of ETS on their children or other family members. Apparently, this series is available on videotape and each program doses with a telephone number for viewers to ordcr a copy of the videotape. •[33] "Secondhand Smoke Brings Surge of Smoking Restrictions," P. Raeburn, AP, February 28, 1993 This article discusses reaaion: to the EPA Risk Assess- ment on ETS by restaurant owners, businesses and governments around the nation. According to the writer, many business proprietors, concerned about liability, view the report as a"blessing" to justify imposing smoking bans. Enforcement concerns are evidently not a problem in some areas,.vhere nonsmokers are enforcing smoking bans themselves either by challenging smokers who light up in restricted areas or by reporting such aaivity to security guards. IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS AUSTRALL-~ [34] State MP Announces Plan to Ban Smoking in Vehicles with Children MP Richard Jones has reportedly instructed Parlia- mentary lawyers to draft changes to the Public Health

12 Act of 1991 to prohibit smoking in motor vehicles, including taxis, in which children under the age of 18 are present. Jones claims that he suffers an incurable bronchial disorder as a result of damage caused by exposure to his parents' smoking. See The Sunday Telagraph, January• 31, 1993. AUSTRIA [35] Health Minister Pushes for Tough Smoking Restrictions Health Minister Michael Ausserwinkler, relying upon information from the U.S. regarding the alleged ' dangers of ETS exposure, is reponedlypushing the government to enact a ban on smoking in public and federal buildings, in educational facilities, on mass transit and in other establishments such as hair salons. Under, the plan proposed by the Health Minister, restaurants would be exempt unless they were suffi- ciently large to designate a nonsmoking section. A spokesperson for the Green Parry reportedly gave his support to the plan, saying that the rights of nonsmokers must be favored under the law. See SaLzburger Nachrichlan, February 4, 1993. BRAZIL [36] Smoking Banned on Senate Floor The Senate has reportedly banned smoking on the floor of the federal Senate. The move was evidently taken to set "an example for the country and for different public and private institutions." See Correio Brazrliense, December 22, 1992. CAN'ADA [37) Ontario Government Outlines Position on Smoking On January 18, 1993, Health Minister Frances Lankin released the government's discussion paper relating to tobacco control legislation that will be proposed during the 1993 Spring legislative session. Among other matters, the discussion paper addresses ETS and proposes eliminating smoking in schools, workplaces and public places by 1995. LTS/IWQRL• PORT,ISSUE 42 To that end, the government plans to prohibit smoking where children are present, in health care facilities, and in locations where "people must go to carry out routine daily activities, such as banks, retail stores, transit shelters. . . ." Further bans and restric- tions in additional public places will also be considered. The government invites written submissions in re- sponse to its paper, by March 15. They can be ad- dressed to: Tobacco Legislation Consultation, Health Promotion Branch, 6th Floor, 36 Toronto Street, Toronto, Ontario, M5C2C5. hHILIPPINES [38] Health Secretary Bans Smoking in Department of Health Buildings Health Secretary Juan Flavier has reportedly declared the Department of Health Compound in Manila a smoke-free zone. The zone apparently includes 36 buildings, garages, parked vehicles and'roads within the central office. Sa TheJourna4 February 23, 1993. SINGAPORE [39] Parliament Passes Smoking Ban On February 26, 1993, Parliament reportedly passed a bill which prohibits those under the age of 18 from smoking in public places. Offenders will! be subject to fines ranging from $30 for a first conviction to $60 for subsequent offenses. Smoking is already banned in many public places in Singapore. See The Reuttr Library Report, February'26, 1993. ETS/IAQLITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS Ci ERMAXY [40] Ihi rrBundawehr (Berlin) (decided February 25, 1993) According to press reports, a Berlin court has ruled that the German army is not required to provide a smoke-free environment. Apparently a lieutenant

MARCH 5, 1993 colonel had sued the army, claiming that ETS exposure had harmed his health. In dismissing the suit, the court noted that the army provides smoke-free single rooms and that this fulfilled its obligation to provide relief to those who allege their health is negatively affected' by ETS. See The Reuter Library Report, February 25, 1993. LEGAL ISSUES AND DE%TLOPIviENTS [41] Tobacco Companies Make Legal Aid Submission Several U.K. Cigarette manufacturers recently made submissions to the Legal Aid Board. The submissions were made in response to reports that some lawyers were preparing legal'aid applications on behalf of employees who claim their employers failed to protect them from the alleged effects of ETS exposure in the workplace. It has been recently reported that some of the potential claim- ants are former tobacco company employees. SCIENTIFICITECHNICAL ITEMS RECEI'T MEETING [42] "Building Design, Technology and Occupant Well-Being in Temperate Climates," Brussels, Belgium, February 17-19, 1993 This conference, attended by approximately 300 scientists from around the world, featured presenta- tions on IAQ, ventilation requirements, smoking policies in the context of sick building syndrome, risk assessment, and carpet emissions. According to a press release, issued by conference sponsors, the aim of the meeting was to apply skills and expertise of individuals from a wide variety of disciplines to explore ways in which building design, construction and operation affects the quality of indoor environments in which people live and work. The program covered topics emphasizing human well-being in those environments. Conference proceedings are expected to be available in late May or early]une 1993. Its sponsors included ASHRAE and the Federation of European Heating and Air Conditioning Associations. 13 LUNG CA?.'CER [43] "Lung Cancer Through Passive Smoking at the Workplace - A More Theoretical Issue," F.X. Adlkofer, Zrntralblatr fxrArbeitsmrdizin, Arbritsschutz Prophylaxe und Ergonomir 42(10): 400-424, 1992 [See Appendix A] The author of this article reviews ETS composition, ETS exposure data, and the epidemiologic literature on ETS exposure and lung cancer. He concludes that lung cancer risk purportedly due to ETS exposure "can neither be entirely ruled out or proved, let alone quantified." [The article is written in German; how- ever, an English abstract is provided. The article was first discussed'here in Issue 38, January 7, 1992.] RESPIRATORY DISEASES AND CONDITIONS - ADULTS [44] "Effects of Bronchoprovocation Challenge Test With Cigarette Sidestream Smoke on Sensitive and Healthy Adults," B. Danuser, A. Weber, A.L. Hartmann, and H. Krueger, Chest 103: 353-358, 1993 [See Appendix A) Swiss researchers report in this paper on a "cigarette bronchoprovocation challenge test," in which sidestream smoke (as a surrogate for ETS) was adminis- tered to 20 persons via mouthpiece. Lung function parameters reportedly did not change after smoke exposure in ten healthyy subjects. However, the authors report statistically significant decreases in lung function parameters for ten subjects classified as hyperreactive. [45] "Environmental Tobacco Smoke and Asthma," R.J. Shephard, Chest 103(2): 330-331, 1993 [See Appendix A] This editorial comments on the Danuser, et al., study. The author praises their technique for smoke exposure, but calls for additional experiments to generate further data. OTHER HEALTH ISSUES [46] "Paternal Smoking and Birthweight in Shang- hai," J. Zhang and J.M. Ratcliffe, Amrrican Journal of Public Health 83(2): 207-210, 1993 [See Appendix A]

14 Data from a case-control study of birth defects and newborn mortality in Shanghai, China, are used to examine purported relationships between paternal smoking and birthweight. The authors report that infants whose fathers smoked4eighed 30 grams less at birth, after adjustment for several factors, including maternal age and occupation. INDOOR AIR QUAllTY [47] "Sensory Characterization of Air Quality and Pollution Sources," P.O. Fanger, In: Chnnical Microbiological Health and ComfortAspecxs of IndoorAir Quality - State of dx Art in SBS, H. Knoppel and P. Wolkoff (eds.), Dordrecht, The Netherlands, Kluwer Academic Publishers, 59-7 1, 1992 [See Appendix A] According to the author of this paper, "hidden" pollu, tion sources are responsible for occupant complaints abour air qualiry. He further suggests that attention to occupant perceptions of odor and air quality may be of use in evaluating sick building syndrome. SMOKING POLICIES AND REIATED ISSUES [48] "Smoking Policies for Public Service Vehicles in Oxfordshire, United Kingdom," J. MindeU and M. Bolley, Tobacco Control l: 268-271, 1992 [See Appendix A] According to the authors of this article, their survey of bus and coach companies in one English county shows that 38 percent of the companies banned smoking entirely. The authors invoke claims of increased passenger comfort, increased business, and reduced deaning costs in their call for government legislation banning smoking on public transportation. STATISTICS AND RISK ASSESSMENT [49] "Risk Assessment Methods for Exposure to Environmental Substances Found Indoors," T.D. Sterling, C.W. Collett, W.L Rosenbaum, and J J. Weinkam, paper presented at "Building Design, Technology and Occupant Well Being in Cold and Temperate Climates," Btvssels, Belgium, February 17-19, 1993 [See Appendix A] The authors of this paper compare two methods for evaluating risks possibly related to low exposures: ETS/IAQREPORT, ISSUE 42 downward extrapolation from high to low exposure, and~epidemiologic studies estimating relative risk. Theyy conclude that neither method is sufficiently valid for drawing conclusions about purported risks. OTHER DEVELOPMENTS AUSTRALIA [50] Auditorium to Provide Smoke-free Concerts According to the president of the Newcastle Workers Club, the facility which opened last year will be a "smoke-f'ree zone" during events attracting those under the age of 18 and at the request of the performing artists. See The Newcastle Heralc4 February 2, 1993. CHINA [51] Students Patrol Ferries to Confront Smoking Ban Violators According to press reports, teenaged students pa- trolled selected Hong Kong Ferry Company vessels for a week to warn smokers about the smoking ban that went into effect in August 1992. Evidently, the $5,000 fine has not motivated allipassengers to stop smoking on the ferries, and the company recruited the student "ambassadors" to educate passengers before the com- pany begins to step up prosecutions. See South China Morning Post, February 18, 1993. UNITED KINGDOM [52] Doctor Disputes Claims of ETS Health Hazards Dr. James LeFanu recently responded to the Veronica Bland case and Health Secretary Virginia Bottomley's threats to enforce smoking bans with fines, by chal- lenging the accuracy of studies purporting to show that ETS exposure increases the risk of lung cancer. The doctor cites the critical evaluation of such studies undertaken by Dr. Peter Lee and states "it is a mistake to invoke the law to stamp out a habit which, in the context of our noisy, polluted, dangerous cities, must be deemed only a minor irritant." LeFanu criticizes Bottomley for her "dogmatic and interventionist" public position. See The Sunday Telegraph, January 31, 1993.

MARCH 5, 1993 [53] Significant IAQ Problems Cited as Factors in Veronica Bland Case In a letter to the editor, the executive director of the Tobacco Advisory Council took issue with predictions of a flood of ETS litigation in the wake of the settle- ment in the Veronica Bland case. According to this letter, the solicitors for Bland's employer have reported that significant IAQ problems in the building proved very difficult to overcome and had an obvious effect on Bland's medical condition. Thus, IAQ may have been more at fault in the case than ETS. See Evening Stan- d.ar;4 February 16, 1993. [54] Smokers Defy British Rail Smoking Ban According to press reports, some 50 commuters defied British Rail's smoking ban on its Network Southeast service by taking over a carriage. Ignoring a guard's request that they stop smoking, the commuters evidently placed signs in the windows saying "customer designated smoking area." FOREST, the smokers' rights group, reportedly organized the demonstration. See Daily Alai4 February 23, 1993. [55] City Health Expert Recommends Workplace Smoking Bans ln the wake of the settlement in the Veronica Bland case, a Peterborough health expert has reportedly urged companies in the area to ban smoking in their offices. According to press reports, some Peterborough employers already ban or restrict smoking in the workplace, includ- ing Pearl Assurance with 2,500 employees, Thomas Cook with 1,200 employees and APV with 720 employees. Peterborough City Council, with 850 employees, is apparently planning to review its policy of permitting smoking in its three main city center offices. See Peurborough Erxning Te/egraph; Febtuary 4, 1993. [56] Building Society Launches No-smoking Initiative The Abbey National Building Society has reportedly offered smokers in its Peterborough branch 200 pounds to get cessation therapy or counseling. The offer is evidently part of the building society's nationwide no-smoking initiative, affeaing some 18,000 employees. Smoking has been banned in public areas of society branches since 1987, and the ban applies to all buildings, company aus and situations where employees arc together in environ- 15 ments where smoking is allowed, such as in hotels during training sessions. A survey of staff revealed thar most want a smoke-free policy in stafFareas due, for the most part, to concerns about the all eged health hazards of ETS expo- sure. See Peterborough Herald cr Post, February 4, 1993. WORLD AIRLINE NE\X's [57] Canada A press report indicates that international flights will'[ be smokefree on a11 Canadian air carriers beginning on March 1, 1993. Smoking is currently prohibited'on all domestic and many international flights. See Washing- ton Post, February 21, 1993. It is unclear whether the ban is government-ordered. [58] I Republic of Ireland Acr Lingus has reportedlay announced'it will ban smoking on its Dublin-London route beginning on March 1, 1993. See Irish Times, February 17, 1993. [591 United Kingdom British Midland airlines will reported]y ban smoking on all domestic and international flights beginning on March 28, 1993. Citing concern for the health of passengers, an airline spokesman says pressure is allegedly increasing on airlines to ban smoking and he believes Europe's other major airlines will' follow suit. See The Times, February 11, 1993. [60] United States A new airline that operates as a scheduled charter service has reportedly introduced smoking flights on some domestic routes. Wings of the World Air Services is apparently exempt from the federally-mandated airline smoking ban on domestic flights of less than six hours because it operates under charter rules. Smoking flights being offered by the airline include its Los Angeles-New York and Los Angeles-Hawaii routes. See Washington Post, February 21, 1993. Meanwhile, Continental Airlines is reportedly offering nonsmoking flights on its trans-Pacific and trans-Tasman flights. The flights apparently are being offcrcd following months of passenger analysis and in-flight surveys. See Illku+arra Mercury Wollongong Dai1); January 27, 1993.