Tobacco Documents Online

6 • Utah Governor Mike Leavitt (R) has recently acted on three bills. On March 15, 1993, the governor signed a bill that provides for procedures regarding,permitting smoking areas. He also signed a bill'that prohibits smoking in public school buildings or facilities or on property on which those facilities are located. The bill provides for designated smoking areas for adults during non-school hours in private schools. See H.B. 53 and H.B. 136. On March 23, 1993, Leavitt vetoed a bill that would have required business establishments with smoking areas to provide information regarding the alleged health hazards of tobacco smoke to employees exposed to ETS. See S.B. 67, 50th Legislature - Gen- eral Session (1993). ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [11] Broin: Defendants File Brief on Class Action Appeal On March 29, 1993, defendanufiled their brief in opposition to plaintiffs' appeal of the trial court's order dismissing the class action allegations of plaintifl•s' complaint. If plaintiffs choose to file a reply brief, the brief would be due on April 19th. In proceedings in the trial court, defendants filed a motion to compel discovery of plaintiffs' medical records. The motion has been set for hearing on April 20. At issue in this case are the daims of 30 flight atten- dants allegedly injured by occupational exposure to ETS. In addition, the husband of one of the flight attendants claims loss of consortium. The 30 atten- dants purport to represent a class of approximately 60,000 other attendants. The injuries alleged by the putative class representatives include lung cancer, breast cancer and unspecified respiratory ailments. Plaintifl•s further allege that occupa- tional exposure to ETS on board aircraft causes at least 22 diseases and a reasonable fear of contracting such diseases. 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, ETS/IAQ REPORT, ISSUE 44 and'three other trade associations. Broin, et aL v. PhiGp Morris, tt aL (Circuit Court, Dade County, Florida) (filed October 31, 1991). [12] Butla: Trial Court Sets Case for November 1993 Plaintiffs' counsel unilaterally scheduled this case for trial on November 29, 1993. Defendants have filed a motion to set aside the trial date, hold a scheduling conference and enter a scheduling order setting deadlines for discov- ery and other matters. In the motion, defendants propose a discovery deadline of August 1, 1994, and a pretrial conference on October 1, 1994. Plaintiffs have since filed a series of motions and scheduled all of them for hearing on April 21. Among other matters, the motions request the following relief: 1. An order compelling discovery; 2. Leave to file a second amended complaint, which would indude additional daims of fraud and conspiracy; and 3. An order scheduling a discovery conference. Plaintiffs propose that the court retain the Novem- ber 1993 trial date, establish a deadline for designat- ing expert witnesses of July 28, 1993, and establish~ a deadline for all discovery of October 28, 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. R.J. ReynolcLt Tobacco Co., et aL (Circuit Court, First Judicial District, Hinds County, Mississippi) (filed October 21, 1992). [13]' *McKinn~y: Prisoner Files Suit Against Manufacturers With an ETS-related civil'rights daim against prison officials already pending in the U.S. Supreme Court, Nevada prisoner William McKinney has filed a second ETS case naming cigarette manufacturers as defendants. The cigarette manufacturers named in plaintiffs complaint include R.J. Reynolds and Brown & Williamson. McKinney's primary allegation against these defendants is that they failed to warn about the

APRIL 2, 1993 alleged health effects of ETS exposure. McKinney also alleges that "toxic smoke ... has now been dassified as a Class "A" carcinogen by the Environmental Protec- tion Agency." As in the civil rights case, which has been pending in the federal court system for more than five years, McKinney's statement of injuries in the newly-filed lawsuit is fairly general. He claims emotional pain, mental anguish, severe headaches, constant nose bleeds, itchy and watery eyes, nasal mucus discharge, and recurring chest pains due to ETS exposure. McKinney v. CM. Produca, lnc., et at (District Court, White Pine County, Nevada) (filed March 3, 1993). In the civil rights case, briefing and oral argument is eomplete, and the Supreme Court could issue its decision at any time. In contrast to the new lawsuit he has filed, McKinney recently was quoted by a newspaper as saying that he would file suit on behalf of smokers if his civil rights case results in a smoking ban in prisons. See issue 42 of this Report, March 5, 1993. [14] Zwillnuan: Court Grants Defendants' Dispositive Motions On March 22, 1993, the court granted all three of defendants' dispositive motions, permanently dismiss- ing The Tobacco Institute and the Council for To- bacco Research from the case and giving plaintiff leave to reassert some of its claims against the two other defendants, Brooke Group, Ltd., and The American Tobacco Company. The order can be broken down into three parts. First, the court ruled that all of plaintiffs' claims against The Tobacco Institute and the Council for Tobacco Research were time barred. 'TI and CTR shall not be named as defendantsA in plaintiffa' next amended complaint, the court ordered. Second, the court also dismissed as time-barred all personal injury-survival claims made on behalf of Mts. Zwillman, all loss of consortium claims by Mr. Zwillman, and all infliction of distress claims made by Mr. Zwillman. Like the dismissal of claims against TI and CTR, the court's dismissal of these daims was with prejudice. Third, based on the New Jersey Products Liability Law and the U.S. Supreme Court's preemption decision in 7 Cipo!loru, the court dismissed without prejudice plaintiffs remaining daims against American and Brooke Group. Plaintiff was given 45 days to refile an amended complaint which complies with those two authorities. This originally was a smoking-and-health case filed by Wolf Zwillman for himself and as the personal representa- tive of his wife, Marjorie, a smoker who allegedly died in 1989 of lung cancer. ETS claims were added in an amended complaint. Based on the allegations in the current complaint and a trial court memorandum, the theory of plaintiffs case appears to be that Marjorie Zwillman's lung cancer was caused by her own smoking as well as the ETS from cigarettes smoked by herself and others. Plaintiff asserts that his ETS claims should be governed by environmental and toxic tort law rather than products liability law. ZwiAman v. Brooke Group Ltd, et aL (U.S. District Court, New Jersey) (filed February 15, 1991; second amended complaint adding ETS claims filed Febniary 13, 1992). Brooke Group is the successor corporation to Liggett & Myers. ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS WORKPLACE: IAQ/ SICK BUILDING SYN DROME [15] Beming v. Voith c+rMacravish (Philadelphia County Court of Common Pleas, Pennsylvania) (filed Febrtiaiy 3, 1993); Skoogfurs v. Voith 6- Mactavish (Philadelphia County Court of Com- mon Pleas, Pennsylvania) (filed January 21, 1993) These actions, alleging injuries due to exposure to toxic substances, have been filed against three contrac- tors involved in the renovation of a library building on the Bryn Mawr College campus near Philadelphia. See issue 43 of this Report, March 19, 1993. The sub- stances involved include limestone wash, lacquer, lacquer thinner, latex coating, floor stain, oil stain, paint remover, alkyd sealer, oil base varnish, varnish, paint, bronzing powder and other, solvents. As a result of the defendants' alleged negligence in failing to provide warnings or properly ventilate the areas in which they were working, employees Allyn Bensing and Anne Skoogfors claim they suffer from,

8 among other things, headaches, swollen and bleeding gums, shortness of breath, extreme sinus pain and discomfort, slurred speech, coordination problems, insomnia, increased risk of contracting cancer, other physical and emotional painj mental anxiety, anguish, annoyance, inconvenience, humiliation, embarrassment, and an incapacity to perform her usual daily activities. Both husbands join the complaints with loss of consor- tium daims. The Bensings and Skoogfors each seek compensatory damages in excess of $50,000 on each count and punitive damages in excess of $50,000. Plaintifl's in both actions are represented by Arthur Hankin of Bolger, Picker, Hankin & Tannenbaum. COLLECTIVE BARGAINING' [16] United Paperworkers Internationa! Union, Local 1279 v. A~'uconsin TissueMills, Inc., 1993 U.S. Dist. LFXIS 3348 (U.S. District Court, Eastern District, Wisconsin) (decided March 13, 1993) A U.S. District Court judge has ruled that a grievance filed over a unilateral workplace smoking policy must be submitted to arbitration. The case arose when Wisconsin Tissue Mills designated certain areas in its plant as nonsmoking in 1990. The union claimed that this was a violation of its collective bargaining agree- ment. Reconciling procedural rules about exhaustion of procedures and preconditions to suit, the court granted the union's motion for summary judgment and ordered'submission of the grievance over the smoking policy to arbitration. LEGAL ISSUES AND DEVEIAPMENTS [ 17] *ASH Produces New Antismoking Pamphlet Citing the EPA Risk Assessment on ETS, ASH has prepared a new pamphlet proclaiming that businesses are now "on legal notice of the many dangers of secondhand smoke to workers, customers, and other visitors." A copy of the pamphlet is attached as Appen- dix B. The cover of the pamphlet carries the term "legal notice" in large print and warns that "tobacco smoke is hazardous to the health of nonsmokers, and can cause death and disability from cancer and heart disease." Quotations from news sources and business interests about the risk assessment are induded in the r, 1.31 .n.4- cu:, va..,..i~ v a: r, pamphlet, and ASH provides a list of legal actions individuals can take to recover damages for injuries allegedlytaused by exposure to "enormous concentra- tions of smoke." [18] •Minnesota Attorney General Opines About Effect of Risk Assessment in the Workplace The EPA Risk Assessment on ETS "does not, per se, place a new liability on employers which did not exist before," but it could serve as the basis for regulating workplace smoking, and it might help employees prove a causal relationship between workplace exposure to ETS and an alleged injury, according to an opinion letter issued last month by the Minnesota Attorney General's office. The letter had been requested by a representative of the Minnesota House. A copy of the letter is attached as Appendix C. The letter implies that the evolving definition of "occupational disease" under Minnesota's workers compensation law would have to be extended to include injuries allegedly caused by ETS exposure. The attorney general's office is unaware of any Minnesota cases in which a claimant was awarded benef ts because of ETS exposure, the letter states. "The potential for such cases in the future, however, certainly exists." The letter doses by asserting that "there are steps an employer can take to minimize future potential liability, which steps could indude banning or restrict- ing all smoking at the workplace. Neither federal nor state law would appear to prevent an employer from banning smoking in the workplace or from taking other reasonable steps to assure that other employees arc not exposed to second-hand smoke." U.S. INCIDENTS OF SBS/BRI [19] Sick Building Syndrome/Building Relaud Illness in Florida, Massachusetts, Missouri and New York • J.D. Floyd Elementary, Spring Hill, Florida After health complaints from teachers and students were reportedly registered beginning in the fall of 1992, extensive lAQtesting was conducted on Floyd Elementary School. A parents group calling themselves

APRIL 2, 1993 the Hernando Environmental Action Team (HEAT) has formed to gather information on the problem and to demand action by the school board. Although the complaints continue to persist, the IAQtests have apparently not revealed the source of the problem. The school has tried a number of remedies, including dcaning the HVAC system and stripping carpets. At least a dozen teachers have been tested in the hope of finding a common allergen; those tests were incondusive. Addi- tional IAQ testing has been ordered. Ser S1r Pcrasburg Time% June 10 and 26,1992. • Rowes Wharf Office Highrise, Boston, Masraduusetts A Boston law firm reportedly daimspoor IAQin its office space in a ritzy high-rise is causing illness among office workers. The law firm says it commissioned IAQ testing and results indicate the problem is the building's ventilation system. The building's developer/ manager says it hired Anderson Laboratories to con- duct tests on the carpet the firm had installed and that fumes from the carpet is the culprit. The law firm reportedly says it will break its lease and move out; the building managers say they will sue. See Boston Globe, February 4, 1993. • Dixon Elementary School, Dixon, Missouri Teachers and students reportedly began breaking out in unexplained skin rashes while at school. Those who were afl'ected reported that the symptoms went away after leaving the school. Officials dosed the school to investigate but were never able to identify a specific cause. They did find high dust levels, lack ofvcntila- tion and dead birds in the ceiling. The school was thoroughly deaned and aired out and the rashes have now reportedly disappeared. See Kansas City Star, March 10, 1993. •Roswcll Park Cancer Institute, Bttffalo, New York Asprrgillu.t bacteria has reportedly caused infection among seven patients, two of whom have died. The institute had a similar outbreak in 1983 which was blamed on its ventilation system. In that instance, 10 patients died and four families sued and won judg- ments, daiming the state failed to make repairs even though it knew the system was defective. In the most recent instance, the hospital daims a patient was infected with the bacteria prior to being admined to the hospital. See The Bu„$'alo News, January 25, 1993. 9 • Legislative Office Building (LOB), Albany, New York In a building being dubbed the "L.O.B.-gionnaire's disease," legislators and staffers have been complaining for months about poor IAQ They daim to see black smudges beneath ventilation ducts, say there is no air in the building and that they have health problems as a result. Following health department inspections the Office of General Services failed to adopt any of the recommen- dations for improvement. In response, some legislators say they plan to introduce IAQlegislktion that would require, among other things, more stringent enforcement of IAQ laws. See Ncusday, December 30, 1992. • New York Schools The New York Committee for Occupational Safety and Health (NYCOSH) has reportedly received hundreds of complaints from school employees about indoor air quality. NYCOSH says it has conducted tests on several schools and found a wide range of problems, induding: (i) lack of fresh air; (ii) improp- erly designed and/or maintained ventilation systems; and (iii) inadequate temperature and humidity con- trols. The state school board association says it is unaware of any widespread IAQ problems in New York schools even though teachers' union officials say as many as half may qualify as "sick,°' causing health problems for teachers and students. See Newsday, March 8 and 16,1993. OTHER DEVELOPMENTS [20] State to Provide Employees with Smoking Shelters Aecording to press reports, the srate of New York plans to build shelters for smokers at a cost of $50,000 each at its Taxation and Finance Department offices in Albany. Apparently, the smoking ban that is in efffecr in state office buildings is being ignored by smokers, and nonsmokers have been complaining about the violations and the douds of smoke and litter near entrances where smokers congregate. See The New York Times, March 23,1993. [21] Centers for Disease Control (CDC) Launches ETS Information Campaign The CDC has reportedly instituted a nationwide campaign to warn people about the alleged dangers of

10 ETS exposure and to suggest methods to prevent exposure. The campaign, which is being conducted through print and television public service announce- ments, provides information from the EPA regarding purported ill health effects of ETS on children. The messages apparently contain a toll-free hotline which can be used to obtain a free action guide on ETS and other information. See The Dallas Morning News, March 25, 1993. [22] Survey Asks About Smoking and Children Forty-five percent of those surveyed in Pennsylvania reportedly say they think smoking in the presence of an inEant constitutes a form of child abuse. Sixty-one percent said they think children should not be allowed to be seated in the smoking section of a restaurant. The survey, released by the Rural Services Institute at Mansfield University, reportedlypolied 1,690 Pennsylvanians. See Uniud Press Intmrationa4 March 22, 1993. [23] Large Increase in Corporate Smoking Bans Predicted According to a health consultant based in Maryland who regularly surveys Fortune's Industrial 100 and large diversified service companies regarding their smoking policies, many arn expected this year to join those already banning smoking inside their ccilities. Some one third of the Industrial 100 and half of the service companies surveyed have adopted smoking bans. Employers such as PepsiCo, Federal Express, Du Pont, US West and Ralston Purina currently ban smoking indoors, and Merck, a New Jersey-based drugmaker, reportedly bans smoking anywhere on the property. Washington, D.C. tdecommunications company Comsat apparently reduced the number of smokers in its employ from 25 percent to 10 percent by charging smokers double what nonsmokers arc charged for health insurance. Ser Fonutu, March 22, 1993. [24] •Children Advised to Change Parents' Smoking Habits In a question and answer column appearing in a Houston newspaper, a child who wrote to ask if ETS exposure was hazardous was answered with a referral to the EPA Risk Assessment on ETS. The answer further advised the child to provide the parents with informa- t l J~ inl[ 11i~1• V n l, 1 JJ v L Y-, tion about the alleged hazards of ETS and ask older relatives or a doctor to speak to the parents about the problem. The child was also advised to ask the parents to smoke outdoors if they cannot quit or to smoke in a separate room with the door dosed. See The Houston Chronicle, March 25, 1993. MEDIA COVERAGE [25] •"EPA Study on Passive Smoking Stirs Debate and Passions," R. Brownson, The San Francisco Chronicle, March 19, 1993 Ross Brownson, author of this opinion piece, discusses the EPA Risk Assessment on ETS and dismisses criticisms regarding the reliability of epidemiologic studies by stating, "A modicum of uncertainty on a scientific level cannot justify inaction when it comes to protecting the public's health." Evidently, the commentator believes that smoking should be banned in workplaces, public places, restaurants and anywhere children may be exposed to ETS. He condudes that "smokers should be given the opportunity to smoke as long as it does not endanger the health of nonsmokers and children." Brownson principally authored a study entitled, "Passive Smoking and Lung Cancer in Nonsmoking Women," (Amrrican Journal of Public Health 8Z(111 1525-1530, 1992), which reported no statistically significant risk estimates based on "quantitat'rve" exposure estimates of childhood ETS exposure, household exposure, spousal smoking or workplace exposure. See issue 35 of this Report, November 20, 1991 [26] •"Don't Mind if I Smoke," T. McNichol, USA Weekntd March 28, 1993 In this article, Dave Brenton, editor of the United Smokers Association quarterly, is interviewed and asked about his response to the EPA Risk Assessment on ETS. Brenton reportedly quit his job with Motorola in 1987 when the company established a restrictive smoking policy and has been a smokers' advocate since that time. Brenton questions the reliability of a report that, in his words, "invented a special science to examine one issue, using non-standard methods." USA Wiekend condudes the piece by soliciting votes from readers regarding whether the battle against smoking has gone too far or not far enough. -

APRIL 2, 1993 11 SCIENTIFIC/TECHNICAL (CHD) in nonsmokers. He concludes that the "case for ETS ex osure causin CHD is wholl " unconvincin ITEMS p g g, y and calls for the presentation of a "more balanced point of view" on the issue UPCOMING MEETINGS . [27]' 1993 Annual Summer Toxicology Forum, Given [30J "Passive Smoking and the Risk of Acute Myo- Institute of Pathobiology, Aspen, Colorado, cardial Infarction," C. La Vecchia, B. D'Avanzo, July 12-16, 1993 M.G. Franzosi, and G. Tognoni, The Lancet According to the program for this conference, it will indude a session devoted to ETS. Besides an introduc- tion, there will be presentations on the EPA Scientific Advisory Board Review, the EPA Position, the Alterna tive Viewpoint, and a Panel Discussion. 341: 505-506, 1993 [See Appendix A]' This letter to the editor presents data from a case- control study comparing the risk of acute myocardial infarction (AMI) in nonsmokers married to smokers and nonsmokers married to nonsmokers. Slightly elevated relative risks (1.1-1.3) are reported for mar- riage to a smoker; none achieves statistical significance. LUNG CANCER [28] "Indoor Air Pollution and Lung Cancer in Guangzhou, People's Republic of China," Q. Liu, A.]. Sasco, E. Riboli, and M.X. Hu, Ameri- can Journal ofEpidemiology 137(2): 145-154, 1993 [See Appendix A] A number of possible risk factors for lung cancer are investigated in this case-control study, jointly con- ducted by researchers from China and from IARC. A number of lung cancer risk estimates for measures of home ventilation are presented; the authors conclude that indoor air pollution produced during cooking is a risk factor for lung cancer. They also suggest that spousal smoking may be associated with elevated lung cancer risk. For instance, a point estimate of 2.9 (95% CI 1.2-7.3) is presented for spousal smoking of 20 or more cigarettes per day. The point estimate is based on only 19 cases and 16 controls. CARDIOVASCULAR ISSUES [29] "Environmental Tobacco Smoke and Coronary Heart Disease," A.K Armitage, Journal of Smoking-Related Disorders 4(1): 27-36, 1993 [See Appendix A] In this review anicle, the author examines data concerning claims that ETS exposure may be associ- ated with an increased risk of coronary heart disease RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [31] "Relation of Passive Smoking as Assessed by Salivary Cotinine Concentration and Question- naire to Spirometric Indices in Children," D.G. Cook, P.H. Whincup, O. Papacosta, D.P. Strachan, M.J. Jarvis, and A. Bryant, Thorax48: 14-20, 1993 [See Appendix A] In this British study, two methods for assessing ETS exposure are used: salivary cotinine measurements and responses to questionnaires. The exposure indices are compare& with lung function measurements. The authors report small associations between salivary cotinine and reduced lung function, and also claim that questionnaire data are "as good" as cotinine data in predicting lung function. [32] "The Decrease in Severity of Asthma in Chil- dren of Parents Who Smoke Since the Parents Have Been Exposing Them to Less Cigarette Smoke," A.B. Murray and B.J. Morrison, Journal ofAlkrgy and ClinicalImmunology 91: 102-110, 1993 [See Appendix A] This study reports on a comparison of data on asthma (including lung function) and data on parental smok- ing, for a group of children in Vancouver, Canada. The authors compare children seen before July 1986 with those seen later, and report that parents have decreased

12 the number of cigarettes smoked near their children, which the authors then relate to a decrease in the reported severity of asthma. [33] "Lung Function, Respiratory Illness, and Passive Smoking in British Primary School Children," R.J. Rona and S. Chinn, Thorax 48: 21-25, 1993 [See Appendix A] The authors of this British study examine reported parental smoking, measures of pulmonary function, and symptoms of respiratory conditions in 2,756 children in various areas of Great Britain. They report "inconsistent°' data on parental smoking and children's lung function; the claimed associations vary by child's sex and by which parent reportedly smoked. [34] "Hispanic Children With Asthma: Morbidity," P.R Wood, HA. Hidalgo, T.J. Prihoda, and M.E. Kromer, Pediatrics 91: 62-69, 1993 [See Appendix A] This study reports a variety of data related to asthma in Hispanic children in Texas. Asthma is reportedly associated with substantial respiratory impairment and school absenteeism in the children studied, who came from low-income families. The authors suggest that intervention focus on further education of families and on reducing ETS exposure (44% of the children studied reportedly were exposed to ETS at home). OTHER HEALTH ISSUES [35] "Editorial: Give a Dog End a Bad Name," A.D.S. Caldwell, Journal of Smoking-Rslated Disorders 4(1): 1-2, 1993 [See Appendix A] The managing editor of the Journal of Smoking- Related Disorders comments that questions have "recently been raised" in publications concerning the reliability of data onsome purported risks of ETS exposure and active smoking. He calls for "solid foundations" for scientific arguments, and announces that his journal is seeking support for an "International Congress" on these issues. [A "dog-end" is a British term for a "butt.") ETS EXPOSURE AND MONITORING [36J "Analysis of Tobacco-Specific N-Nitrosamines in Indoor Air," K.D. Brunncrnann, J.E. Cox, and D. Hoffmann, Carcinogenesis 13(12): 2415- 2418, 1992 [See Appendix A] The authors of this study, who have published previously on this topic, report on a method for assessing tobacco-specific N-nitrosamines (TSNA) in indoor air. Based on their measurements, they claim that nonsmokers may be exposed to 0.1-0.3 cigarette equivalents of certain TSNAs, substances that they describe as "highly carcinogenic." [37] "Relationship Between Environmental Tobacco Smoke Exposure and Carcinogen-Hemog)obin Adduct Levels in Nonsmokers," S.K Hammond, J. Coughlin, P.H. Gann, M. Paul, K Taghizadeh, P.L Skipper, and S.R. Tannenbaum, Journal of thr National Cancer Institutt 85 (6): 474-478, 1993 [See Appendix A] In this study, levels of 4-aminobiphenyl-hemoglobin adducts were measured in smoking and nonsmoking pregnant women and compared to estimates of ETS exposure (questionnaire, diary, and personal monitor). The authors report that their data support a relation- ship of increasing adduct levels with increasing re- ported ETS exposure. They daim that this suggests ETS exposure "is related to levels of a known human carcinogen in nonsmokers" (4-aminobiphenyl has reportedly been associated with and increased risk of bladder cancer in exposed workers). S. Katharine Hammond, lead author of the paper, was a member of the SAB committee that reviewed the EPA Risk Assessment on ETS. [38] •"Environmental Tobacco Smoke," A. Rodgman, Regulatory Toxicology and Pharma- cology 16: 223-244, 1992 [See Appendix A] While this anide responds to the first draft of the EPA risk assessment on ETS, it did not become available until late 1992. The author, formerly with R.J. Reynolds, provides an extensive review of the physics and chemistry of ETS. In particular, he examines 43 substances reported to be carcinogenic, which have been claimed to be present in ETS. Rodgman provides extensive data on animal testing,

APRIL 2„ 1993 mutageniciry, exposure and: thresholds, and calls on EPA to review these data with respect to ETS. INDOOR AIR QUALITY [39] "The Effect of Varying Levels of Outdoor-Air Supply on the Symptoms of Sick Building Syndrome," R. Menzies, R Tamblyn, J.P. Farant, J. Hanley, F. Nunes, and R Tamblyn, The New England Journal ofMedicine 328(12): 821-827, 1993 [See Appendix A] Canadian researchers report, in this paper, on a study of 1,500 office workers in four buildings. Ventilation level was experimentally increased in the study, and the authors compared workers' reports of symptoms under the original and new ventilation regimes. They report no effect on workers' perceptions or reports of symp- toms related to the increase in outdoor air supply. [40] "The Sick Building Syndrome In Office Build- ings - A Breath of Fresh Air," K Kreiss, The New England Journal ofMrdicine 328(12): 877- 878, 1993 [See Appendix A] The author of this editorial describes the paper by Menzies, et al., as a"robust" effort that illustrates "sound experimcntal'and epidemiologic methodology" for IAQ research. She calls for multidisciplinary efforts in the field of "sick" buildings, to develop the "woefully undeveloped and unsupported" scientific data in this area SMOKING POLICIES AND RELATED ISSUES [41] Letters to the Editor Regarding "Protection from Environmental Tobacco Smoke in Califor- nia: The Case for a Smoke-Free Workplace," R Borland, J.P. Pierce, D.M. Burns, E Gilpin, M. Johnson, and D. Bal, Jorrrnal of thr Amtrican Medual Association 268 (6): 749-752, 1992 The Journal of the American Medical Association recently published two letters concerning this anide. As discussed in Issue 29 of this Report, August 28, 1992, the authors proposed that 2.2 million Califor- 13 nians were exposed to ETS at work in 1990. They also suggested that "adequate protection" of nonsmokers required that workplaces be smoke-free. Two of the authors have been involved in ETS-related issues: David M. Burns was a member of the SAB committee that reviewed the EPA Risk Assessment on ETS, and Ron Borland is a member of the Anti-Cancer Council in Victoria, Australia. The first letter in the current corre- spondence is from Chris Collett, and is followed by a reply from the authors of the original study, with the exception of Bums. The letters appear in the Journal ofthr American MtdicalArwciatron 269(11): 1388, 1993. Collett, an indoor air quality researcher, proposes that the authors' "condusion does not appear to be justified' by the reported data." In particular, he rcfers to the apparent lack of adequate exposure assessment in the Borland, a al., study. Collett cites his own research group's experience in monitoring ETS levels, and proposes that nonsmoker exposure to ETS can be minimized without prohibiting smoking. Moreover, Collett calls proper ventilation a "key requirement" for minimizing exposure to other compo- nents of indoor air. In their reply, Pierce, et al., comment that Collett's letter "cites studies funded by the tobacco industry." They also state that they "know of no ... safe level of ETS expo- sure." Invoking EPA's recent classification of ETS as a "Group A" carcinogen, Pierce, et al., "take the position that any exposure to ETS at all is to be avoided." They again call for "well-enforced smoke-free worksite policies," citing the daimed low cost of such policies compared to modifications of ventilation systems. IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS AUSTRA1..lA [42] New South Wales Delays Public Smoking Ban The government of New South Wales has reportedly delayed implementing smoking bans in enclosed public

14 places so that the state can seek further input from the tobacco industry. Two National Party ministers have apparently criticized the legislation on civil liberties grounds, and hoteliers planned to hold a rally to protest the proposed ban on smoking in pubs and clubs. See Sydney Morning Htrald March 24, 1993. [43] Total Smoking Ban Not on Government's Agenda National Parry leader Mr. Tim Fischer reportedly said recently that a Coalition government would not ban smoking altogether as it was a"`democratic right."' Fischer, answering questions in a Mackay shopping centre on March 9, 1993, admitted he had once smoked a cigarette and enjoyed it immensely: See The Australian, March 10, 1993. AUSTRIA [44] Anti-Smoking Bill Drafted The Health Ministry has reportedly submitted a draft bill for approval by the Bunderat which would, among other matters, ban smoking in such public places as office buildings, schools, universities, railway stations, snack bars, restaurants, and hotels. The penalty for violation of the measure would be as high as $8,810. SerXinhua Languagr Niws Service, March 8, 1993. Federal Chancellor Vranitzky has reportedly criticized several parts of the draft tobacco law. According to press reports, he has made it dear that no one will be fined for smoking in a nonsmoking area. See hresse,. March 10, 1993. CANADA [45] Ontario Government Conducts Hearings on Smoking Proposals A three-day public hearing was reportedly held before a government committee during which antismoking activists and business owners presented their respective views on the issue of proposals the Ontario govern- ment is considering to curb tobacco use. Restaurant owners are apparently concerned that smoking restric- tions being considered by the Ontario health ministry will eventually lead to a complete ban on smoking in restaurants, resulting in restaurants going out of ETS/LAQ REPORT, ISSUE 44 business. According to press reports, ETS is expected to be targeted by the NDP government in the spring following public consultation. See The Toronto Star, March 23, 1993. [46] Cigarette Package Warnings May Indude ETS Message On March 19, 1993, Health Minister Benoit Bouchard of Ottawa reportedly proposed new regula- tions that would require cigarette packages to bear labels warning, among other matters, about the alleged danger of ETS exposure to children. One of the proposed messages would state that "tobacco smoke can harm your children," and would be required to appear in bold black and white letters on 25 percent of the two main panels of cigarette packs. Apparently, this is Ottawa's second attempt to pass such labeling regulations. An earlier, attempt reportedly failed when the tobacco companies attempted to block the warn- ings in a Quebec court. That case is presently being appealed by the tobacco companies to the Supreme Court. See Canada NewsWire, March 19, 1993; The Toronto Star, March 20, 1993. GERMANY [47] Anti-Smoking Activists Draft Legislation The German Non-Smokers' Initiative will reportedly seek to introduce legislation later this year into the Bundestag to regulate smoking in workplaces, public buildings, restaurants, public transportation sites, and at public meetings. The draft legislation, which is based upon the law currently in effect in France, has appar- ently garnered promises of support from 45 Bundestag, deputies. The law would reportedly punish offenders with fines of up to $6,000. See The Week in Germany, March 26, 1993. INDIA [48] Government Considers Smoking Bans According to the Minister of State for Health & Family Welfare, the government is proposing legisla tion that would ban smoking in public places. Admin- istrative instructions have already reportedly prohibited smoking in hospitals, schools, conference rooms,.

APRIL 2, 1993 domestic air flights, some train coaches and public transport. See Tobacco International, February 1, 1993. ISRAEL [49] Health Ministry Officials Unprepared to Discuss Workplace Smoking Policies The Knesset Labor and Social Affairs Committee reportedly conducted a meeting on March 15, 1993, to consider the issue of regulation changes that would bar workplace smoking. According to press reports, the committee chair, who is evidently seeking hard data regarding mortality rates among nonsmokers who are exposed to ETS in the workplace and information about attempts by nonsmokers to reach accommoda- tion with their smoking coworkers, berated Health Ministry officials for coming to the meeting without any relevant statistics. The only figures presented at the meeting were apparently provided by the Israel Society for the Prevention of Smoking which reported that 700 nonsmokers die annually as a result of ETS exposure. Health Minister Haim Ramon reportedly initiated the regulation change proposal. See TheJerusalrm Aoss, March 16, 1993. PHILIPPINES [50] Smoking Restrictions Imposed in Manila On March 17, 1993, the mayor of Manila reportedly announced that smoking in all public places is prohibited except in designated smoking zones. Violators will apparently face fines of $12 and/or two days in jail. City officials who break the law can be dismissed from service and face criminal sanctions. See Xinhua General News Savice, March 18, 1993; Manila Bulktin, March 18, 1993. UNITED KINGDOM [51] Home Secretary Squelches Attempt to Impose Smoking Ban Officials at the Home Office reportedly posted notices announcing that as of national No Smoking Day its Queen Anne's Gate headquarters in central. London should become a no-smoking zone. Home Secretary Kenneth Clarke, referred to in the press as the "voice of the saloon bar in Cabinet" due to his 15 "well-known fondness for a pint and cigar," immedi- ately informed the civil servants in the office that he makes the rules and no decisions would be made on the issue without his approval. Meanwhile, Clarke's former ministry, the Department of Health, has dedared its offices to be smoke free with the exception of a few designated rooms. See The Daily Telegraph, March 9, 1993. [52] Smoking Bans Considered by Numerous Bor- ough Councils In the wake of the settlement reached in the Veronica Bland case in which an employee of the Stockport council was awarded benefits for injuries allegedly due to ETS exposure in the workplace, Borough Councils in Walsall, Sedgemoor, Ealing, Slough, West Lothian District, Hereford and Maidstone are reportedly discussing proposals to ban or restrict smoking by staff and visitors in their facilities. A number of newspaper accounts report the actions being taken; they indude articles in Wolverhampton Express d' Star, March 9, 1993; Burnham dHighbridge Mereury, March 2, 1993; and Ealing Recorder, March 4, 1993. These councils join those in Lincoln and Exeter which are also in the process of adopting smoking bans. See issue 43 of this Report, March 19, 1993. ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS UNITED KINGDOM [53] Wright v. Ladbnoka (Industrial Tribunal, Binning- ham, England) (filed December 20, 1991) Hearings were reportedly underway in late March in a case involving a bookmaker's cashier who was fired from her job because she violated a company policy which banned smoking behind the counter. See Appendix B to issue 25 of this Report, July 7, 1992. According to testimony presented in the case, Pauline Wright, who is 40 and smokes some 30 cigarettes a day, objected strenuously when the new policy was introduced, but turned down an offer to transfer to a quieter shop where she could smoke. She was fired in July 1991 when her supervisor found her smoking