Ness Motley Documents
Major Flaw Cite in Cigarette Data
Fields
- Notes
Issues: P-PRG
Affected Defendants: ALL
- Type
- Article
- Named Person
- F.T.C.
- Wilkenfeld, J.D.
- Henningfield, J.E.
- Meyers, M.L.
- Benowitz, N.L.
- Wilkenfeld, J.D.
- Named Organization
- Gallup Organization
- Coalition on Smoking and Health
- American Heart Association
- American Lung Association
- American Cancer Society
- Coalition on Smoking and Health
- Original File
- TobDocs1
- Author
- Hilts, P.J.
- Site
- Lexus
- Publication Name
- New York Times (Late Edition)
Document Images
IST STORY of Level 1 printed in FULL format.
Copyright 1994 The New York Times Company
The New York Times
May 2, 1994, Monday, Late Edition - Final
SECTION: Section A; Page i; Column i; National Desk
LENGTH: 1232 words
HEADLINE: MAJOR FLAW CITED IN CIGARETTE DATA
BYLINE: By PHILIP J. HILTS, Special to The New York Times
DATELINE: WASHINGTON, May 1
BODY:
Smokers of cigarettes labeled low in tar and nicotine may be getting more of
those substances than they think, Federal Trade Commission officials and experts
in smoking now agree. And they attribute the problem to testing that has not
kept up with the changes in cigarette design over the last 20 years.
Since 1971, when the results of the tests were first printed in cigarette
advertising and on packaging, cigarettes labeled low in tar and nicotine have
taken over the market, now accounting for 60 percent of the cigarettes sold in
this country.
National polls conducted by the Gallup organization have found that smokers
believe that the cigarettes labeled "light" are less hazardous and will give
them less tar and nicotine. But evidence has accumulated that the measurements,
which are carried out by tobacco company laboratories under the supervision of
the FoT.C., bear little or no relation to how much nicotine and tar smokers
actually get from smoking, because knowingly or unknowingly smokers often draw
deeper or puff harder.
"The commission has been aware for a while that the test has problems
regarding the actual intake that consumers will get," Judith D. Wilkenfeld,
assistant director in the F.T.Co's Division of Advertising Practices, said in a
telephone interview.
"We know that consumers do not smoke in exactly the same manner as the
machine" used in testing, she said. "So the tests will not predict the actual
human consumption."
Ms. Wilkenfeld said the commission was looking at alternatives to the tar and
nicotine tests, and added that the pressure to make a decision had recently
increased.
The commission's cigarette tests are done by machines that hold the cigarette
and draw air through it in two-second puffs, repeating the puffs once every
minute until the cigarette burns to the filter.
But cigarettes now include several features that make the machine tests

The New York Times, May 2, 1994
meaningless, said Dr. Jack E. Henningfield, chief of clinical pharmacology
research at the National Institutes on Drug Abuse.
For example, to dilute the smoke, a majority of cigarettes now have nearly
invisible holes in their filter paper, or in the cigarette paper near the
filter.
People vs. Machines
when the smoking machine draws on a cigarette, a large amount of air is
drawn in, and this dilutes the smoke getting to the measuring device, making
today's cigarettes appear to contain less tar and nicotine.
But smokers do not handle the cigarettes the same way machines do. They find
the diluted smoke milder, and to make up for the "lighter" taste, or less
satisfying amount of nicotine, they puff more or draw deeper, pulling in more
total smoke, so that the result for the smoker is the same amount, or more, of
nicotine and tar.
In addition, the tiny filtration holes are often blocked by smokers with
their lips or hands, thus cutting off the air that would have diluted the smoke.
Experts outside the F.T.C. said that the options for the commission included
abandoning the test because it was misleading; trying to establish a better
test, or shifting the testing responsibility to another agency better equipped
to carry out the tests, like the Food and Drug Administration or the National
.Institutes on Standards and Technology, formerly the Bureau of Standards.
Same Amount of Tar
Scientific studies over recent years have shown that smokers get about the
same amount of nicotine no matter what kind of cigarette. For example, when
scientists look at the blood levels of nicotine in smokers, they cannot tell the
smokers of light cigarettes from those of full-flavored cigarettes, as high tar
and nicotine cigarettes are called by tobacco companies. The same is true of
tar.
But tar levels are far lower than they were 40 years ago. At that time
cigarettes had amounts of tar as high as 30 to 40 milligrams per cigarette. Now,
virtually all brands are in the 5 to 15 milligram range. Nicotine levels have
remained relatively stable since 1952.
"Smokers can get whatever they want in the way of nicotine," Dr. Henningfield
said. "A smoker can draw 3 milligrams of nicotine out of a cigarette that is
rated as a 1 milligram yield by the F.T.C. test." Cigarettes contain a total of
7 to 9 milligrams of nicotine in the entire cigarette. Smokers draw out about 1
milligram of nicotine regardless of the type of cigarette smoked, with a range
of intake from 0.5 milligrams to 3 milligrams.
"There is simply no information to indicate that today's so-called lower tar
and nicotine cigarette gives any health benefit," Matthew L. Meyers, a lawyer
for the Coalition on Smoking or Health, an anti-smoking group representing the
American Heart Association, American Lung Association and American Cancer
Society, said in a telephone interview. He questioned perpetuating a system that
"falsely implies smokers should use cigarettes with lower ratings, raising major

The New York Times, May 2, 1994
health concerns."
Mr. Meyers added, "The F.T.C. method is so flawed that it raises a serious
question whether the method causes more harm than good." For example, he said, a
smoker may buy a "low-nicotine" cigarette, then consciously or unconsciously
smoke more cigarettes or draw deeper to get enough nicotine to satisfy the
smoker. But the smoker is getting not only more nicotine but more tar as well,
which may well be higher than what the smoker would get from regular cigarettes.
Two years ago, the coalition filed a petition with the F.T.C. to consider
changing the commission's test method, or dropping the results from advertising,
because they may be misleading. But until recently, action on the petition had
not got the staff near to a recommendation. The pressure has now been turned up
as members of Congress have begun to call the agency to ask why a faulty test
remains in place and potentially misleading information continues to be allowed
in advertising.
Mr. Meyers said that the F.T.C. and others had acted in good faith in trying
to establish the testing program initially, but that the commission could be
criticized both for sticking to the test for years after it became clear that
the test did not match the way people smoke and for failing to explain the
limits of the test in light of what we know today.
Critics of the tobacco industry suggest that the manufacturers have put holes
in the cigarettes over the years to give better-looking results on the smoking
machines and thus enticing smokers to their light brands. The companies deny
this, saying that smokers are asking for lighter cigarettes and that they are
trying to meet those demands.
Dr. Neal L. Benowitz, a professor of medicine at the University of California
at San Francisco and an expert on smoking, said that giving consumers accurate
data on how much tar and nicotine a cigarette delivered would be a major step
forward in reducing smoking in the United States.
"Eighty percent of smokers say they want to quit," Dr. Benowitz said, and
most smokers try lighter cigarettes but are "now unable to get a lighter
cigarette even when they want one, because they don't have the information."
Dr. Benowitz suggested the giving of accurate data as the first major step in
Federal regulation of cigarettes like drugs, a topic now of much interest in
Congress and the regulatory agencies since the Food and Drug Administration
announced earlier this year its intention to regulate cigarettes.
LANGUAGE: ENGLISH
LOAD-DATE: May 2, 1994
