Tobacco Documents Online

6 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS RESTAURANTS: DECEPTIVE TRADE PRACTICES [14] In re: Whataburger, Inc. (District Court, Corpus Christi, Texas) (filed April 1993) Texas Attorney General Dan Morales has reportedly filed a suit against Whataburger, Inc., seeking to force the company to answer 23 questions about its restau- rant smoking policies. Apparently, the attorney general's office wants restaurants to warn their custom- ers that nonsmoking sections may not be smoke free if the ventilation for those areas is not separate from smoking area ventilation. According to Morales, failure to so warn is a violation of deceptive trade laws. See The Houston Chronicle, April 25, 1993. AMERICANS WITH DISABILITIES ACT (ADA) [15] Emery v. Caravan ofDreams (U.S. Department of Justice) (filed April 12, 1993) A woman who allegedly suffers from the degenerative lung disease cystic fibrosis has reportedly filed an ADA complaint with the Department of Justice to force a Fort Worth jazz dub to ban smoking as an accommo- dation of her disability. She daims ETS exposure "severely reduces" her lung function. According to a press report, the complainant, Diane Emery, is repre- senting herself and intends to rely upon the EPA Risk Assessment on ETS to support her claim. The jazz club, Caravan of Dreams, reportedly does have a nonsmoking section in the front row, and the club is considering expanding its nonsmoking section. According to the club's president, smokers have complained when performers insist that patrons refrain from smoking and that in any event, the club is well ventilated. He has indicated that Emery's discrimina- tion complaint is being reviewed and will be answered by July 1. See The Dallas Morning News, May 1, 1993. PRISONER CASE [16] Blackwell v. Sheaban,1993 U.S. Dist. LEXIS 5650 (U.S. District Court, North District, Illinois, Eastern Division) (decided April 26, 1993) A U.S. District Court judge has refused at this time to certify as a class action a pro se prisoner's complaint ETSIIAQREPORT, ISSUE 47 alleging that prison officials at the Cook County jail discriminated against a number of inmates by moving them to a nonsmoking maximum security division: The court found that the pro se litigant would be unable to protect the interests of the proposed class. In addition, the court found no legal merit to the prisoner's daim of discrimination on the ground that there is no constitutional right to smoke and that loss of smoking privileges does not constitute the infliction of cruel and unusual punishment. The complaint also alleged, among other matters, that the jail's ventilation is poor. As to this claim, the court gave the prisoner 30 days to amend his complaint to state "how his claim of poor ventilation rises to more than mere discomfort." If the complaint as amended appears to have a "substantial factuai basis demonstrat- ing potential legal merit," the court will consider appointing counsel who can determine whether it would be appropriate to seek certification of a class. jAQ SICK BUILDING SYNDROME [17] Bahura v. SEWlnvestors (Superior Court, District of Columbia) (filed September 14, 1990) The trial of this case has been continued from June 28, 1993, and is now scheduled to begin on October 25. A pretrial conference is set for October 1. The case involves employees of EPA who have sued various parties involved in renovation of the Waterside Mall complex that serves as EPA's national headquarters. Plaintiffs allege health problems due to poor IAQ. PUBLIC PLACES: SEPARATION OF POWERS [18] Brammer v. Branstad (District Court, Polk County, Iowa) (decided April 2, 1993) A district court judge has dismissed the suit filed by an Iowa legislator who sought a smoking ban in the Statehouse, saying it was an internal matter for the legislature to decide. Attached to Representative Philip Branuner's complaint was an opinion by the Iowa Attorney General, which asserted that state law would prohibit smoking in the Statehouse unless smoking areas were designated therein. The Chairperson of the Legislative Council had "unilaterally designated the rotunda and legislative

MAY 14„ 1993 dining rooms as smoking areas," according to Brammer. He alleged the Chairperson had' acted unlawfullgand without authority in arbitrarily making such designations. Stating that such a designation was a matter of legislative prerogative, the court held'that the issue was not subject to judicial'review. According to press reports, Brammer, an ex-smoker who allegedly suffers from chronic lung disease, has vowed to pursue the matter under the Americans with Disabilities Act. See The Des Moines Register, April 4, 1993. PUBLIC PLACES: VALIDITY OF SMOKING RESTRICTIONS [ 19] Operation Badlaw, Inc v. Licking County General Health District Board of Health, 1993 U.S. App. LEXIS 8685, (U.S. Court of Appeals, Sixth Circuit) (decided April 13, 1993) The Sixth Circuit Court of Appeals has dismissed the daims of a non-profit group which had challenged the constitutionality of regulations limiting smoking in public places and places of employment. Plaintiff Operation Badlaw, Inc., challenged the regulations passed by two Ohio Boards of Health in January 1992 on grounds of equal protection, due process, privacy, commerce dause, and impairment of contract. The court found that none of these rights had been violated and that the regulations had a rational relationship to "the legitimate state purpose of mim- mizing unwanted exposure to second-hand smoke." WORKPLACE: IAQISICK BUILDING SYNDROME [20] Lazarus v. Voith c4'MacTaviA Karoll v. Voith dMarTavish (Philadelphia County Court of Common Pleas, Pennsylvania) (filed April 1993) Two additional plaintiffs have reportedly filed suits against the contractors involved in renovating a library building on the Bryn Mawr College campus near Philadelphia, for injuries allegedly caused by exposure to toxic substances. The contractors were sued in January by college employees Allyn Bensing and Anne Skoogfors. See issue 44 of this Report, April 2, 1993. One of the additional plaintiffs is apparently a student 7 who has also named the college as a defendant. See Indoor Pollution Law Rtpom April 1993. WORKPLACE: DISABILITY BENEFITS. [21] Donato v. Metropolitan Life Insurance Co., 1993 U:S. Dist. I.E3QS 5780 (U.S. District Court, Northern District, Illinois, Eastern Division) (decided April 30, 1993) A U.S. district court has granted a motion for sum- mary judgment filed by an insurer who terminated the disability benefits of a legal secretary who claimed she was disabled by a severe allergic reaction to ETS, walt to-wall carpeting and perfumes. The secretary, Chris- tine Donato, filed this action under the Employee Retirement Income Security Act of 1974 (ERISA), and the court used ERISA's "arbitrary and capricious" standard to uphold the employer's actions. Although Donato's treating physicians had diagnosed a severe and disabling allergic reaction to environmen- tal chemicals, the insurer's medical consulting firm conduded that she was not disabled and that the therapies she was undergoing "are not widely sup- ported by the AMA, the American College of Physi- cians, or recognized medical bodies." The court found that the insurer did not arbitrarily and capriciously terminate Donato's disability benefits and ordered that Donato pay the insurer the $4,640.00 that she had received from the Social Security Administration (SSA). The agreement between Donato and the insurer provided that any benefits paid by the insurer would be reduced by amounts paid or payable to Donato bySSA. WORKPLACE: WORKERS' COMPENSATION [22] Ragle v. State Farm Fire er Casualty Co., 1992 WL 471862 (Alaska Workers' Compensation Board) (decided September 24, 1992) The Alaska Workers' Compensation Board has dismissed a daim for medical costs submitted by a health care provider in a case involving a claim of "systemic immune dysfunction" caused by exposure to mold and other toxins in a "sick building." The claimant in the case, Carol Ragle, is an allergy specialist and nutritional consultant who worked for the health care provider/employer that ultimately provided her

8 diagnosis and prescribed various purgative treatments and injections. In its opinion, the Board details the evidence in the case, which consisted of numerous opinions from medical experts that the daimant's condition has psychological origins. Allergy tests proved negative, and testing conducted' in Ragle's home, car and office showed that the "sanctuary" she found in her home was actually more contaminated with mold than the office in which she worked and which she claimed caused her disability. The health care provider's daim was denied because the Board found that it had actually been withdrawns and the provider was instead seeking payment from Ragle. The Board dedined to rule upon the merits of this claim, but noted that Ragle may not be required to pay for treatment or services if she can establish the existence of a work-related injury. WORKPLACE: COLLECTIVE BARGAINING [23] Willictms Air Force Base, Ariz., and American Federation of Government Employees Local 1776, Case No. SA-CA-20302 (Federal Labor Rela- tions Authority) (decided April 30, 1993) . An administrative law judge has reportedly ruled that Williams Air Force Base violated Tide VII of the Civil Service Reform Act of 1978 by unilaterally dosing a hallway smoking area without offering the union an opportunity to negotiate the issue. According to the judge, dosure of the smoking area forced smokers to use a gazebo that was exposed to 116 degree heat and "hordes of white flies." The employer had argued that the smoking area was closed because it was not prop- erly ventilated, and the cost of upgrading the ventila- tion was not justified due to the planned dosure of the facility some time in 1993. The judge rejected the employer's arguments and ordered the restoration of the hallway smoking area until the obligation to bargain has been compGed with. [24] Hi-Tech Cablr Corp. and Internationrrl Brother- hood ofElectrical Workers, Local Union No. 1510, 1992 WL 296023 (National Labor Relations Board) (decided September 30, 1992) The National Labor Relations Board has determined that an employer was required to submit a change in its ETS/IAQ REPORT, ISSUE 47 workplace smoking policy to collective bargaining. The employer, Hi-Tech Cable Corp., unilaterally adopted a no-smoking policy at its facility and refused to negoti- ate the reasonableness of the rule with the union. The union filed a grievance which was denied, and one employee was issued a written warning for breach of the rule. On appeal, the Board held that the language of the collective bargaining agreement between the parties did not constitute a waiver of the union's statutory right to bargain about the implementation of a work rule. The employer was ordered to bargain over the issue and to remove the written warning from the employee's file. LEGAL ISSUES AND DEVELOPMENTS [25] Indoor Pollution Newsletter Features ETS litigation The April 1993 issue of the Indoor Pollution Law Report is devoted primarily to ETS litigation. Accord- ing to an editor's note, the focus is the result of the EPA's designation of ETS as a "Class A carcinogen." One artide by Edward'Sweda, Jr., a Massachusetts lobbyist for an anti-smoking group, summarizes the cases cunently pending around the nation involving ETS issues. Sweda discusses the litigation filed in Connecticut by the mothers of asthmatic children against fast-food restaurants, Staron v. McDonald's Corporation; the prisoner case recently argued before the U.S. Supreme Court, Helling v. McKinney, the suit filed in Florida by airline flight attendants, Broin v. Philip Morris Companies, Inc.; and the case brought by a Mississippi barber against cigarette manufacturers, Butler v. RJ. Reynolds Tobacco Co.. A sidebar to the article lists the names of the attorneys representing some of the litigants in these cases. Sweda also discusses the EPA Risk Assessment on ETS and states that it will be used to solidify the claims of the plaintiffs in Broin and Butler. According to Sweda, the plaintiffs' attorney in Staron told The New York Times that the risk assessment will provide the "bulk of the medical evidence" for the case, which will be litigated under the Americans with Disabilities Act. Another article in this issue is written by Cynthia Langston-Lott. A former defense attorney, Langston-

MAY 14„1993 Lott is currently an associate in the law firm represent- ing the plaintiffs in the Butler case. She discusses the facts of the case from her perspective and devotes considerable attention to what she characterizes as the tobacco industry's delaying tactics. According to Langston-Lott, the plaintiffs are prepared to meet the challenges of facing well-financed opponents in court and plan to benefit from research and discovery conducted by other law firms in other tobacco litiga- tion. She says, "It is the opinion of the author's firm that the key to tobacco litigation is keeping the court informed of the strategy of delay for which the tobacco industry is renowned in an effort to control such tactics from the onset." See Indoor Pollution Law Repom April 1993. [26] Insurers Recommend IAQ Inspections According to an article appearing in an insurance trade publication, sick building syndrome is linked, among other matters, to ETS and should be a subject of employer concern. The senior vice president and general counsel for the Gulf Insurance Group is quoted in the article and reports that there have been "rashes" of sick building claims in certain buildings within the last six to seven years, and that sick building syndrome can be expensive to employers in terms of health benefits and workers' compensation claims. This attorney further states that the presence of ETS in buildings may form the basis for sick building claims in light of the EPA Risk Assessment on ETS and suggests that companies with sealed windows consider conduct- ing air quality tests to assess other possible sources of sick building complaints. See National Undenuriter, Property & Casualty/Rrsk d~' Benefits Management Edition, April 19, 1993. [27] BOMA Advises Building Owners to Ban Smoking During an Americans with Disabilities Act compli- ance seminar conducted for building owners in Texas, a lobbyist for BOMA International advised participants to attack indoor air problems at the source, such as by prohibiting smoking. The lobbyist cited the New England Journal of Medicine report relating to the relationship between indoor air complaints and increased ventilation. He also reportedly observed that the Department of Justice has handled "thousands of complaints" since the ADA took effect more than a year ago. SeeAustin BusincssJourna4 April 12, 1993. 9 OTHER DEVELOPMENTS [28] Division of Publishing House Issues Special Report on ETS The Bureau of Business Practice (BBP), a Connecti- cut-based division of publisher Simon & Schuster, Inc., has issued a "Special Supplement to Fair Employ- ment Practice Guidelines" that discusses the legal implications of the EPA Risk Assessment on ETS. Although the document contains a disclaimer that the publisher is not engaging in rendering legal advice, BBP condudes that the EPA report "is likely to strengthen the legal position of those individuals who claim they are affected by ETS" and advises employers that they face "serious legal ramifications" if they dismiss the complaints of nonsmokers about workplace ETS exposure. The BBP discusses the respective legal positions of smokers and nonsmokers and addresses the potential for successful workers' compensation claims and for litigation under the Americans with Disabilities Act by those alleging sensitivity to ETS. The document erroneously states that, as of January 1993, 18 states had laws prohibiting discrimination against smokers, but advises employers to check the laws in their state if they have a policy of refusing to hire smokers. A "Special Report" on ETS is being made available, free of charge, to those with BBP accounts, and a toll free telephone number is provided to those interested in reading more about the risk assessment and informa- tion from the Surgeon General, NIOSH, and "leading health and legal experts." According to BBP, the Report further "gives you the facts you need to show people throughout your organization how smoking bans and cessation programs benefit everyone." [29] Antismoking Coalition Organizes Clean Indoor Air Week Groups representing the African American, Asian/ Pacific Islander and Latino communities reportedly urged restaurants and other Los Angeles businesses to ban smoking during Clean Indoor Air Week. The week was scheduled to begin on May 9, 1993, which was Mother's Day. One organizer reportedly said he and the members of his group felt people would be taking their mothers out and that "they would like to take her somewhere clean and smoke free to show her

10 they care." The event reportedly also garnered the support of several Los Angeles City councilpersons. See Los Angeles Times, May 8, 1993. [30] Pizza Hut to Test Smoking Ban Pizza Hut chain restaurants will reportedly begin experimenting with a smoking ban. This according to the CEO of PepsiCo, the chain's corporate owner, who spoke recently about the company's financial picture for 1993. See Reuters, May 5, 1993. MEDIA COVERAGE [31] "Separating Smokers Creates Growing Issue in Restaurants," C. Cambareri, Capital District Business Review, March 29, 1993 This artide discusses efforts that are being taken by restaurateurs in recent years in response to complaints by nonsmokers about ETS in restaurants. Apparently, the move to separately ventilate smoking sections and/ or totally ban smoking has intensified following the January 1993 release of the EPA Risk Assessment on ETS. One restaurant owner observed that smokers generally eat more and drink more than nonsmokers and that banning smoking could have an impact upon a restaurant's bottom line. According to a legislative director for one New York Assemblyman, the EPA designation of ETS as a Group A carcinogen leaves "no scientific dispute" about the issue. SCIENTIFIC/TECHNICAL ITEMS LUNG CANCER (32] "The Etiology of Lung Cancer," D.G: Davila and D.E. Williams, Mayo Clinic Proceedings 68: 170-182, 1993 [See Appendix A] This review artide focuses on a number of factors thought to be associated with lung cancer and also discusses genetic, cellular and molecular aspects of the disease. A section of the anicle is devoted to a discus- sion of the ETS epidemiology; the authors propose ETS/IAQ REPORT, ISSUE 47 that the incidence of lung cancer is "clearly increased" with ETS exposure, but that estimation of the claimed risk is "controversial." [33] "Implications for Disease Misclassification in Epidemiological Studies of Lung Cancer Risk for Nonsmokers Exposed to Environmental To- baoco Smoke," A.W. Katzenstein, Envsromnent Internationa119: 211-212,1993 [See Appendix A] The author of this letter to the editor addresses the 1992 review draft of the EPA Risk Assessment on ETS. He focuses on the lack of "[d]efinitive diagnosis" of primary lung cancer in many of the spousal smoking studies, suggesting that this results in "significant potential for disease misclassification," which could affect the EPA's reported risk estimate. [34] Letters to the Editor Regarding "Environmental Tobacco Smoke and Lung Cancer Risk in Non- smoking Women," H.G. Stockwell, A.L. Goldman, G.H. Lyman, C.I. Nloss, A.W. Armstrong, P.A. Pinkham, E.C. Candelora, and M.R Brusa, Journal of the National Cancer Institute 84(18): 1417-1422, 1992 The Journal of the National Cancer Institute recently published four letters concerning the Stockwell, et al., paper, which reported on a Florida case-control study of household and spousal smoking and lung cancer. As reported in Issue 31 of this report, the authors reported statistically significant risk estimates for 40 or more "smoke-years" of household exposure during adult- hood and for 22 or more "smoke-years" of exposure during childhood and adolescents. Letters by Peter N. Lee, Maxwell W. Layard, Paul Switzer, and Heather G. Stockwell and several of her co-authors appear in the Journal of the National Cancer Institute 85 (9): 748- 751, 1993. In his letter, Lee states that the Stockwell, et al., paper "adds little to the data on environmental tobacco smoke and lung cancer." He cites several potential sources of bias that could have affected'the reported results. Lee comments on the method of control selection, the high proportion of surrogate respondents among cases, the interviewing process, and the poten- tial for misclassification of smoking habits. Lee also notes that the possibility of dietary confounding was not considered, which he calls "remarkable," as

MttiY 14, 1993 Stockwell and colleagues have elsewhere reported'a "protective effect" of vegetable and carotene consump- tion on lung cancer risk. Lee also criticizes the presen- tation of data in the Stockwell, et al., paper, noting that risk estimates were not given for exposure indices for which no association was daimed. He also presents a table of meta-analysis results of the spousal smoking and lung cancer studies. Layard's letter indudes a discussion of the Candelora, Stockwell, et al., paper on dietary factors that was referenced by Lee. Layard notes that "strong inverse associations" were reported for lung cancer and total vegetable consumption and total carotene intake. Layard notes that the diet analyses did not take into account ETS exposure. He suggests that Stockwell, et al., should explore the possibility of associations between diet and ETS exposure that could lead to confounding. After mentioning another potentialt confounder, a history of nonmalignant lung disease, Layard notes that the "weakness of the overall epidemiologic data" on spousal smoking and lung cancer makes adjustment for potential confounders important. Switzer references an editorial by David Burns, which supported the Stockwell, et al., study, and then states: "[T]he evident inconsistencies pointed out in the Stockwell report should give one pause." In particular, Switzer notes the contrast between theadenocarcinoma data reported in the Stockwell, et al., study (no associa- tion was reported) and the 1992 Fontham, et al., study (statistically significant risk estimates were reported). Switzer writes: "[H]unting expeditions through the data ... can easily produce inconsistent artifacts." Switzer also comments on the large number of risk estimates presented by Stockwell, et al. He proposes that all the risk estimates reported to statistically significant may be related to only one statistically significant estimate, because the risk estimates are "overlapping." Switzer calls for investigators to describe their choices in reporting data, and to publish study protocols and reporting procedures in advance of data collection. Switzer also notes that the Stockwell, et al., paper did not include data on numbers of cases for the individual exposure categories, nor actual risk estimates for workplace and social exposures, calling the latter "a fine example of a publication bias." 11 In their response, Stockwell, et al., indicate that they are analyzing data on dietary factors in persons report- edly exposed'to ETS. They say that the question of a "protective effect" of diet should be considered sepa- rately from the question of ETS exposure. With regard to Layard's comment on prior lung disease as a con- founder, Stockwell, et al., propose that "a shared common exposure to ETS" is "a more likely explana- tion" for prior lung disease in persons with lung cancer. Commenting on Lee's concern about surrogate respondents, Stockwell, et al., suggest that their risk estimates based on surrogates were lower than those based on "self reports"; they suggest that "an even stronger association" would have been reported had fewer surrogates been used. In conclusion, Stockwell, et al., stress that their study had "positive findings," and that "dismissal of all such findings" on ETS exposure is becoming "increasinglydiflicult." CARDIOVASCULAR ISSUES [35] "Carbon Monoxide and Cardiovascular Disease: An Analysis of the Weight of Evidence," J.H. Mennear, Regulatory Toxicology and I'harmacol- ogy 17: 77-84, 1993 [See Appendix A] The author of this review artide discusses the avail- able data on exposure to carbon monoxide and cardio- vascular responses, and the data on carbon monoxide levels in indoor air, including any possible contribution from ETS. He condudes that carbon monoxide could not be responsible for the claimed relationship of ETS exposure and cardiovascular disease. RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [36] "Child Day Care, Smoking by Caregivers, and Lower Respiratory Tract Illness in the First 3 Years of Life," C.J. Holberg, A.L Wright, F.D. Martinez, W.J. Morgan, LM. Taussig, and Group Health Medical Associates, Pediatrics 91(5): 885-892, 1993 [See Appendix A] In this paper, data on child day care attendance and the occurrence of lower respiratory tract illnesses (LRIs)

12 are presented. The authors claim that the presence of three or more unrelated children in the day care setting and smoking by the "caregiver" are "significant inde- pendent risk factors" for LRIs. [37]' "Risk Factors for Developing Wheezing and Asthma in Childhood," W.J. Morgan and F.D. Martinez, Pediatric Clinics of North America 39(6): 1185-1203, 1992 [See Appendix A] The authors of this article discuss current data on potential risk factors for childhood asthma. They suggest that ETS exposure is associated with wheeze in young children and asthma in older children. The authors advocate parental education to reduce exposure to "exogenous risks," including ETS. OTHER CANCER [38] "Risk Factors for Renal Cell Carcinoma: Results of a Population-Based Case-Control Study," N. Kreiger, L.D. Marrett, L Dodds, S. Hilditch, and G.A. Darlington, Cancer Causes and Control 4: 101-110, 1993 [See Appendix A] Canadian researchers report on a case-control study of renal cell carcinoma (cancer of the kidney) in residents of Ontario. A number of potential risk factors were addressed, including active smoking, diet, and body mass. The authors report statistically nonsignificant risk estimates for "passive smoking" in nonsmoking cases, and daim that these data suggest that ETS exposure "appeared to increase risk somewhat." [39] "Parental Smoking and Risk of Childhood Brain Tumors," E.B. Gold, A. Leviton, R. Lopez, F.H. Giles, E.T. Hedley-Whyte, LN. Kolonel, J.L Lyon, G.M. Swanson, N.S. Weiss, D. West, C. Aschenbrener, and D.F. Austin, American Journal of Epidemiology 137(6): 620-628, 1993 [See Appendix A] This study reports on analyses of data collected in a large case-control study of childhood brain tumors. The authors report statistically nonsignificant risk estimates for a number of indices of parental smoking and childhood brain cancer. ETS/IAQ REPORT,,ISSUE 47 OTHER HEALTH ISSUES [40] "Effects of Maternal Smoking Upon Neuropsychological Development in Early Childhood: Importance of Taking Account of Social and Environmental Factors," PA. Baghurst, S.L. Tong, A. Woodward, and A.J. McMichael, Paediatric and Perinatal Epidemiol-ogy 6: 403-415, 1992 [See Appendix A] This Australian study discusses measures of neuropsychological development (e.g., memory, learning, motor skills, verbal performance) in children whose mothers reportedly smoked during and/or after pregnancy, as compared to children of nonsmokers. While scores on the developmental measures were reportedly lower in children of smokers, the difference was not statistically significant after adjustment for a number of social and environmental factors. [41] "Smoking and the Sudden Infant Death Syn- drome," E.A. Mitchell, R.P.K. Ford, A.W. Stewart, B.J. Taylor, D.M.O. Becroft, J.M.D. Thompson, R. Scragg, I.B. Hassall, D.MJ. Barry, E.M. Allen, and A.P. Roberts, Pediatrics 92(5): 893-896, 1993 [See Appendix A] This paper is a further report on the New Zealand Cot Death Study; several reports of data from this study have recently been published. This article, however, focuses extensively on maternal and paternal smoking and the risk of SIDS. The authors report statistically significant associations after controlling for a large number of potential confounding factors. They claim that the criteria for a causal association between parental''smoking and SIDS have been met. [42] "Smoking, Passive Smoking and Smell," P. Hepper, Medical Science Research 20: 265-266, 1992 [See Appendix A] In this study, smokers, nonsmokers, and nonsmokers exposed to ETS were tested for their self-reported ability to perceive an odor. Smokers reportedly re- quired a stronger concentration to identify an odor than did ETS-exposed persons, who, in turn, required a stronger concentration than did nonsmokers.

MAY 14, 1993 ETS EXPOSURE AND MONITORING [,43] "Toxicology of Environmental Tobacco Smoke," M.J. Reasor. In: Toxicology of Combustion Products. L. Manzo and D.F. Weetman (eds.). Pavia, Fondazione Clinica del Lavoro, 71-76, 1992 [See Appendix A] This brief review discusses the chemistry of ETS and the use of biological markers to estimate exposure. The author also calls for research using animal models and in vitro tests to address the "controversy" surrounding the toxicology of ETS. INDOOR AIR QUALITY [44] "Priority Among Air Pollution Factors For Preventing Chronic Obstructive Pulmonary Disease in Shanghai," X. Tao, C.J. Hong, S. Yu, B. Chen, H. Zhu, and M. Yang, The Science of the Total Environment 127: 57-67, 1992 [See Appendix A] In this study, Chinese researchers report on the comparison of sulfur dioxide levels, particulate levels, and indoor coal use with data on chronic obstructive pulmonary disease and lung function in residents of Shanghai. They condude that use of coal indoors was the most important of the factors studied. [45] "Emissions of Volatile Organic Compounds from New Carpets Measured in a Large-Scale Environmental Chamber," A.T. Hodgson, J.D. Wooley, and J.M. Daisey, Journal of tbe A:r and Waste Management Assoeiation 43: 316-324, 1993 [See Appendix A] In this study, VOC emissions from four new carpets were studied in an environmental chamber. Formalde- hyde and 4-phenylcydohexene (source of the "new carpet" odor) were identified, at levels which the researchers characterized as "low." The authors call for additional research on the potential of health effects from exposure to these VOCs. 13 SMOKING POLICIES AND RELATED ISSUES [46] "Clean Indoor Air Legislation, Taxation, and Smoking Behaviour in the United States: An Ecological Analysis," S.L. Emont, W.S. Choi, T.E. Novotny, and GA. Giovino, Tobacco Control2: 13-17, 1992 [See Appendix A] The authors of this study, two of whom are with the U.S. Office on Smoking and Health, compare state indoor air laws (smoking regulations) and data on cigarette consumption, smoking prevalence, and proportion of "quitters." They conclude that more restrictive regulations are associated with lower smok- ing prevalence and a higher proportion of quitters. They suggest that indoor air regulations could be used to "reduce tobacco consumption globally." IN EUROPE& AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS AUSTRALIA [47] Health Authority Considers Restaurant Smok ing Ban The Eastern Metropolitan Regional Health Authority has reportedly recommended that the Health Commis- sion impose a smoking ban in all South Australian restaurants, fast-food chains, cafeterias and hotels. The Health Minister apparently favors an approach to the issue that emphasizes education rather than legislation, and the Hotel and Hospitality Industry Association strongly supports self-regulation. The Government, however, has evidently warned the public that smoking may be outlawed in food outlets unless businesses provide smoke-free zones. See Advertiser, May 4, 1993. [48] Cab Drivers Respond to Taxi Smoking Ban Adelaide cab drivers are reportedly unhappy that the industry was not consulted before a ban on smoking in

14 South Australia's taxis and hired cars was adopted. However, according to the SA Taxi Association president, drivers and the industry generally favor a ban because of the "terrible risk" of health-related damages claims. The ban will apparently go into effect before the end of the year. See Advertiser, April 30, 1993. AUSTRIA [49] Shop Owners Protest Government Plans to Restrict Smoking Some 10,000 news agents and tobacconists reportedly staged a one-day strike, dosing their shops to protest Health Minister Michael Ausserwinkler's plans to impose smoking restrictions in public places. See issue 42 of this Report, March 5, 1993. According to a press report, one thousand demonstrators marched through the streets of Vienna, claiming that the measures could result in the loss of 30,000 jobs. See The European, Apri129, 1993. IRELAND [50] Dublin Corporation Considers Workplace Smoking Policy According to a press report, Dublin Corporation is assessing its workplace smoking policy in light of the settlement reached in the Veronica Bland case, wherein an employee received $21,500 for injuries allegedly caused by ETS exposure. See issue 40 of this Report, February 5, 1993. According to a spokeswoman, no similar claims have been filed'against the corporation, which is currently conducting a staff survey to ascertain attitudes toward workplace smoking. A survey of this nature was undertaken in 1991, and, at that time, 93 percent of those surveyed favored restrictions on smoking in the workplace. See The Irish Times, April 16, 1993. ETSIIAQ REPORT, ISSUE 47 ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS AUSTRALIA [51] Mansf:eld v. The Herald d" Weekly Times Ltd (Victoria County Court, Melbourne) (filed November 19, 1992) On Apri129, 1993, the defendant's application to set aside the plaintiff's interlocutory judgment in default was heard and granted in this case, in which an em- ployee claims workplace exposure to ETS caused his throat cancer. See issue 37 of this Report, December 18, 1992. The Master instructed the parties to agree upon a timetable for the filing of a defense. LEGAL ISSUES AND DEVELOPMENTS SINGAPORE [52] Ministry of Health Conducts Workplace Smoking Seminar According to a press report, the Singapore Ministry of Health conducted a seminar for senior management representatives of private companies about workplace smoking. An attorney speaking at the seminar report- edly advised participants that employers can legally impose rules against smoking in the workplace and cannot be sued by smokers if they do so. He also said employers cannot be sued by nonsmokers if no smoking restrictions are adopted. See The Straits Times, May 7, 1993. OTHER DEVELOPMENTS AUSTRALIA [53] Author Addresses Scare Tactics Intended to Modify Behavior According to a press report, retired physicist and senior federal bureaucrat Dr. John Farrands decided to tackle the issue of the use and abuse of science to create fear. In his book entitled "Don't Panic, PANIC!"

MAY 14; 1993 Farrands exposes what he considers to be improper attempts to modify behavior by "thought police" who base their efforts on fragmentary information. He apparently explains that such manipulation covers a whole range of issues, including smoking, diet and cholesterol. See The Australian, May 3, 1993. [54] Doctors Disagree with Studies on Asthma and Pollution According to a press report, doctors insist that colds and flu, housedust mites, pollens, molds and ETS are the primary triggers for asthmatic attacks. While studies overseas link ambient air pollutants to asthma, Australian doctors say the air quality in Australian cities has only a minor effect on the incidence and severity of asthmatic attacks. See Sydney Morning Herald, May 5, 1993. [55] Survey Reveals 77 Percent of Top Companies Have Smoking Policies The results of a national survey on workplace smok- ing policies were apparently recently published in 1992 in the booklet, "Workplace Policies and Programmes for Tobacco, Alcohol and other Drugs in Australia." The survey reportedly indicated that 77 percent of Australia's top 455 companies have introduced work- place smoking policies. Of the companies surveyed, some 46 percent impose a total smoking ban, 31 percent limit smoking to designated areas, and 23 percent had no policy. See Financial Reuiew, Apri129, 1993: CANADA [56] Canadian Carpet Industry Adopts Voluntary Testing Program According to a news report, Canadian carpet manu- facturers are adopting a voluntary carpet testing program already used in the United States. The program, soon to be implemented, calls for placement of a green tag to mark carpets that have been tested by an independent laboratory and found to emit less than 0.6 milligrams per square meter of volatile organic compounds per hour. However, Canadian government and consumer officials, consumer groups and those in the industry have been reported to say there have been very few complaints in Canada about carpets and 15 negative health effects. According to a spokesman in Health and Welfare Canada's environmental health directorate, no dear link between carpet and serious health problems has yet been established. See The Ottawa Citizrn, May 1, 1993. HONG KONG [57] Survey Reveals Support for Smoking Bans According to a survey conducted by Hong Kong University for the Hong Kong Council on Smoking and Health (COSH), the majority of those surveyed favored bans on smoking in child care facilities, schools, workplaces and public places. Seventy-nine percent of those surveyed reportedly wanted nonsmok ing areas to be designated in restaurants. Survey results have apparently been forwarded to the Health and Welfare branch, and the director of COSH hopes antismoking legislation will be introduced sometime this year. Some 1,222 people over the age of 18 were reportedly interviewed for the survey; approximately 12 percent were smokers. See South China Morning Post, Apri128, 1993. SINGAPORE [58] Survey Finds Sick Buildings According to a news report, SGS Singapore found five percent of 30 buildings tested were "sick" An organization dealing in inspection and control services, SGS Singapore reportedly conducted IAQtesting in 30 buildings, induding offices, a shopping complex and two private homes. See The Straits Tinu!s~ April 24, 1993. UNITED KINGDOM [59] BAT Publishes Brochure on "Social Engineering" BAT has published a brochure entitled "Smoking: 'Fear of living' and Social Engineering in the Late Twentieth Century." The brochure focuses on what is perceived as the American preoccupation with risks and' discusses the ways in which U.S: laws and litiga- tion appear to be taking the enjoyment out of life. BAT concludes, "When the air outside cannot be breathed without choking in many cities around the world, when typhoid and cholera epidemics still rage in