NYSA TI Single-Page 1
United States Department of Labor Occupational Safety and Health Administration Public Hearing
Fields
- Named Organization
- American College of Cardiology
- American Heart Association (Voluntary health organization that focuses on cardiac health)
Voluntary health organization that focuses on cardiac health and stroke. AHA occasionally teams with tobacco retailers to engage in promotions/fund-raisers (see http://www.smokefree.net/doc-alert/messages/247136.html and http://www.rawbw.com/~jpk/stand/Pictures.html).- American Journal of Public Health (periodical)
- ASH (Action on Smoking and Health)
Action on Smoking and Health- Beverly Hills Restaurant Association (Industry front group)
Set up c. 1988 by the Tobacco Institute to clandestinely fight a local smoking restriction (TI00380927-0949, Pag. -0946).- Building Owners and Managers Association (BOMA)
- *Center for Disease Control (Use United States Centers for Disease Control and P
Now Centers for Disease Control and Prevention, Formerly Communicable Disease Center- Center for Indoor Air Research (CIAR) (Industry formed/funded air research organization)
Nonprofit organization funded by the tobacco industry. CIAR was formed in March 1988 by tobacco companies "to sponsor "high-quality research on indoor air issues and to facilitate communication of research findings to the broad scientific community."- Consumer Reports (magazine that tested tar content in 50s)
- *Department of Labor (use United States Department of Labor)
- Environmental Protection Agency (EPA)
- EPA Science Advisory Board (unit of EPA)
- Federal Register (publication)
- Federal Trade Commission (Enforcement agency for laws against deceptive advertising)
Enforces laws against false and deceptive advertising, including ads for tobacco products. Ensures proper display of health warnings in ads and on tobacco products;collects and reports to Congress information concerning cigarette and smokeless tobacco advertising, sales expenditures, and the tar, nicotine, and carbon monoxide content of cigarettes.- Health and Welfare Canada
- Healthy Buildings International (industry-funded ventillation experts)
Worked closely with the industry to encourage corporations not to ban smoking but to look for other causes of air pollutions. Used the term "Sick Building Syndrome". Founder: @robertson_gray- Honeywell
- McGill University (Prestigious Montreal university which cooperated with the in)
Helped the tobacco industry obscure the link between secondhand smoke exposure and illness- National Restaurant Association
- Oak Ridge National Laboratory
- Occupational Safety and Health Administration (Held hearings in 1994 to ban smoking in workplaces)
OSHA opened hearings in September 1994 on a proposal that amounts to a virtual ban on smoking in every workplace in the nation- Occupational Safety and Health Administration (OSHA)
- Philip Morris & Co. Ltd. (Cigarette manufacturer, incorporated in U.S. in 1902)
Philip Morris & Co. Ltd.., was incorporated in New York in April of 1902; half the shares were held by the parent company in London, and the balance by its U.S. distributor and his American associate. Its overall sales in 1903, its first full year of U.S. operation, were a modest seven million cigarettes. Among the brand offered, besides Philip Morris, were Blues, Cambridge, Derby, and a ladies favorite name for the London street where the home companies factory was located - Marlborough.- R.J. Reynolds Corporation (second tier subsidiary of RJR Industries)
- Roper Organization (Consumer Research/Public Relations Org.)
Interested in finding out what drives consumer behavior; surveys consumers on their prime areas of concern; assists corporations with reputation-building and public image based on its findings.- Stanford University
- Tobacco Institute (Industry Trade Association)
The purpose of the Institute was to defeat legislation unfavorable to the industry, put a positive spin on the tobacco industry, bolster the industry's credibility with legislators and the public, and help maintain the controversy over "the primary issue" (the health issue).- United States Department of Labor
- *University of California (use specific branch)
- University of California San Francisco
- University of Utah
- World Health Organization (Concerned with global public health)
International organization concered with public health worldwide - American Heart Association (Voluntary health organization that focuses on cardiac health)
- Named Person
- Axelrad, Bob
- Enstrom, James
- Feinstein, Alan
- Foote, Emerson (Ad exec.; Promoted Lucky Strikes in 1930s)
- Glantz, Stan
- Glantz, Stanton
- Glantz, Stanton A.
- Grossman, Bill
- Grossman, Ted
- Hammond, Kathy
- Harrington, Bob
- Harrington, Robert
- Hedge, Alan (industry consultant)
1994 Used by industry to discuss the irritation issus - i.e. dose response. Proposed consultant to comment on Federal OSHA proposal on workplace smoking.- Hills, Sierra Foot
- Lowe, Michael
- Mellon, Andrew W.
- Rupp, John P. (TI Communication Committee, Covington & Burling lawyer)
TI Communication Committee- Sherman, Susan
- Smith, Lisa
- Tyson, Pat
- Vittone, John
- Ward [Root], Mary Elizabeth, J.D. (RJR, Associate General Counsel)
Mary Ward was Associate General Counsel for R.J. Reynolds. (PMI's Introduction to Privilege Log and Glossary of Names, Estate of Burl Butler v. PMI, et al, April 19, 1996)- Weinberg, Myron
- Wells, A. Judson (physical chemist)
studied indoor air quality- Wexler, Lawrence M. (researcher, New York Medical College)
- Enstrom, James
- Master ID
- TI10111465-1821
Related Documents: - Date Loaded
- 16 Mar 2005
- Box
- 8820
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MS. JANES: It was linked with the questionnaire
data that she was asking them as well.
MR. GROSSMAN: There's questionnaire data in all
of the tests. I'm asking about the cotinine measures.
Could you explain for the record whether a cotinine test
administered to a person in the hospital who has already
been diagnosed with lung cancer, can test whether that
person at any time during his or her life.was an active
smoker?
MR. MARTONIK: Dr. Silverstein will answer this
question.
DR. SILVERSTEIN: The answer is that that"
information does not allow you to make a direct judgment
about past smoking behavior, but when you combine the
biological information with the questionnaire information,
you can make reasonable presumptions, and this is the best
available evidence to make those kinds of judgments from,
and we think it was useful and appropriate.
MR. GROSSMAN: All of the tests use the other
data, is that correct? All of the studies that you referred
to use questionnaires to determine whether people were
smokers during their lives?
MS. JANES: IT's either questionnaire or direct
personal interviews.
MR. GROSSMAN: And the Brownson study questioned,
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in many cases, numerous individual to determine the smoking
patterns of those under study, is that correct?
MR. MARTONIK: We can't recall that.
MR. GROSSMAN: Let me go on to something else.
In the Fontham study, the researchers who
questioned people as to whether they were exposed to ETS,
were not blinded, is that correct? They were aware of
whether the person involved had already been diagnosed with
lung cancer.
MS. JANES: I don't recall that. That may or may
not be the case.
MR. GROSSMAN: If it were the case, if the
researchers weren't blinded, that would add an element of
bias to the study, is that correct?
MS. JANES: It may or it may not.
MR. GROSSMAN: It's something to...
MS. JANES: It may or may not.
MR. GROSSMAN: It's something to take into
consideration isn't that the case?
MS. JANES: Of course.
MR. GROSSMAN: Are you familiar with the study by
Fontham and Correa and others on the effect of heavy beer
and alcohol consumption on lung cancer in non-smokers?
(Pause)
MR. MARTONIK: We're not familiar with that.
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MR. GROSSMAN: Fontham and Correa found a risk
ratio of 5.3 after controlling for smoking, for people who
drink more than four beers per day, for lung cancer, based
on a study in Uruguay. Fontham did not control alcohol
consumption or beer consumption in her study on occupational
exposures to ETS and lung cancer, is that correct?
MR. MARTONIK: You made a statement regarding
studies and...
MR. GROSSMAN: We can provide you with the Fontham
and Correa...
MR. MARTONIK: If you do that we will look at it
and consider it.
MR. GROSSMAN: I made the statement, and then I
asked a question. My only question is they did not control
for drinking, in that study...
MR. MARTONIK: I'm still at a loss to understand
how a statement regarding the study regarding individuals
exposed to or using alcohol has any relationship to your
question...
MR. GROSSMAN: Let me explain it then, I thought
it was obvious.
If the individuals with lung cancer were heavy
drinkers, and those without were not, the drinking habits
alone could account for any difference in incidence of lung
cancer among the so-called exposed and unexposed population.
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I'm asking, whether a confounder of drinking was taken into
account by Fontham's study considering that Fontham in
another published article found a risk ratio of 5.3 for
heavy drinking.
MR. MARTONIK: Ms. Janes will answer the question.
MS. JANES: We're not familiar with Fontham's
previous paper. However, in the paper in question, she did
control for diet.
MR. GROSSMAN: Not for drinking.
MS. JANES: For normal diet.
MR. GROSSMAN: Is there any indication that she
controlled for alcohol consumption?
MS. JANES: We'll have to check. We're
not sure.
MR. MARTONIK: We can't recall.
MR. GROSSMAN: All right, why don't you check.
I
think the record is clear that she did not.
MS. JANES: But we will check.
MR. GROSSMAN: Are you familiar with studies on
the association between Chinese cooking and abno carcinoma
including, for example, the Lam study published in 19857
MR. MARTONIK: We can't recall that.
MR. GROSSMAN: There are many published studies on
the extremely high incidence of abno carcinoma of the lung
among Chinese women of first generation in the United States
and Japan who have a lifetime of cooking Chinese food. The
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292
Lam study that was published in '85 showed a risk ratio of
14.7 for abno carcinoma of the lung.
A large percentage of the population studied in
Fontham are first generation Chinese-Americans in San
Francisco, is that correct?
MS. JANES: I don't recall what the percentage of
the... I know a couple of her study bases were in
California.
MR. GROSSMAN: Almost 80 percent of the subjects
in her study are in California, isn't that correct?
MR. MARTONIK: You cited the study.
How many
people were studied in the Lam study?
MR. GROSSMAN: In what study?
MR. MARTONIK: The Lam study that you cited.
MR. GROSSMAN: I don't have the full number who
were studied, but the statistical significance ratio, the 95
percent confidence level, was way over one. I think it ran
from six to 30 or 40.
MS. JANES: Do you have evidence that indicates,
sir, that the cooking habits of Chinese in America are the
same as those in China?
MR. GROSSMAN: Yes. First generation. There are
many published studies on first generation Chinese.
MR. MARTONIK: We'll look at the report.
MR. GROSSMAN: If you will look at the Fontham
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study, do you have a copy of the Fontham study with you?
(Pause)
MR. MARTONIK:
MR. GROSSMAN:
293
Yes, we have it.
If you'll notice, under race/ethnic
group on page 39 of the study, 266 of the respondents were
white; 44 were black; 32 were Hispanic; and 67 were Asian;
ll were other. Do you think that's reflective of the United
States as a whole?
MR. MARTONIK: We thought it was a good enough
indication to use as a study for our risk assessment.
MR. GROSSMAN: I see.
The colon cancer controls, 240 were white, versus
35 Asian. The ratio was entirely different by a factor of
two between the controls and the studied population. Did
you consider that in reviewing the Fontham study?
MR. MARTONIK: As a general matter, we reviewed
the study and thought it was appropriate to use...
MR. GROSSMAN: That's not the question. I'm
asking whether you reviewed that particular issue.
MR. MARTONIK:
reviewed...
MR. GROSSMAN:
it to any extent?
MR. MARTONIK:
MR. GROSSMAN:
We can't recall to what extent we
Can you recall whether you reviewed
Yes, clearly we've reviewed it.
You reviewed the fact that there
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was an unusual proportion of Chinese-Americans.in the lung
cancer group and a lower proportion in the control group?
MR. MARTONIK: My recollection of almost every
epidemiology study, there's always some finding or Some
factor that makes it somewhat difficult to interpret as a
broad base...
MR. GROSSMAN: That's not the question. Did
you
consider that particular issue?
MR. MARTONIK: Yes, we have.
MR. GROSSMAN: And how did you factor that into
account? Did you ask Fontham to provide information on the
method by which the controls were screened and the
individual cases were chosen?
to Dr...
MR. MARTONIK:
MR. GROSSMAN:
We read the study. We did not talk
So you don't know anything about
the study except what appears on the face of the study, is
that accurate?
MR. MARTONIK: No, we have other information in
the record regarding that study. We have descriptions of
the study and criticisms of the study by several experts who
reviewed the literature ....
MR. GROSSMAN:
MR. MARTONIK:
MR. GROSSMAN:
Now...
EPA is one of those groups.
When you say that you have other
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things in the record, you haven't read everything in the
record, have you?
MR. MARTONIK:
MR. GROSSMAN :
295
OSHA is familiar with the record.
Yesterday you said you hadn't read
PM's fine submissions, you said you hadn't read RJR's
submission of a meta analysis of occupational studies which
was submitted long before this rulemaking began more than a
year ago and was hand delivered. So tell me, which studies
have you read that you can point me to that consider the
question of the over-representation of Chinese-Americans and
Asian-Americans in the study, and particularly in the group
that had cancer.
MR. MARTONIK: I think I answered your question.
I said we looked at the EPA study.
MR. GROSSMAN: The EPA study is the only other
one. You're not suggesting that the EPA study comments upon
this issue, are you?
MR. MARTONIK: I'm saying that we considered these
issues in terms of all comments that we had available prior
to the time we published this proposal.
MR. GROSSMAN: What you're saying is you cannot
point me to anything other than the Fontham study on which
you considered the issue of over-representation of Asian-
Americans in the Fontham study...
MS. SHERMAN: Your Honor, I believe that
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question's, been asked several different times...
MR. GROSSMAN: It has, and it has not been
answered.
answered.
Grossman?
MS. SHERMAN:
JUDGE VITTONE:
296
...in several different ways, and
What do you have to say Mr.
MR. GROSSMAN: I have asked a number of times, but
I've not gotten an answer to the simple question of whether
they iooked at anything other than the Fontham study to
consider the issue of over-representation of Asian-Americans
in the lung cancer group in the Fontham study.
JUDGE VITTONE: Let's have a clear answer to it
this time so we can move on to another issue.
MR. MARTONIK: Yes.
MR. GROSSMAN: Identify every other thing that you
looked" at to consider that particular issue.
I'm not prepared to do that right
MR. MARTONIK:
here and now.
MR. GROSSMAN:
MR. MARTONIK:
asking me.
MR. GROSSMAN:
Identify anything.
I don't understandwhat you're
Well, you didn't have the
underlying Fontham data, you didn't correspond with Fontham.
DR. SILVERSTEIN: We're not prepared to fully
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answer you~ question right now. We will investigate this
further and gather the appropriate information, look at it,
and reach some judgments about it.
In order to do that, I'd like you to clarify
something. You've confused me a little bit. Sometimes
you're referring to Chinese, sometimes to Chinese-Americans,
and sometimes to Asian-Americans. I'm not sure what you
really have in mind. Certainly Asian-Americans are not the
same as Chinese.
MR. GROSSMAN: First generation Chinese-Americans
are the subject of interest for that.
DR. SILVERSTEIN: But the table, when you referred
to a table from the study, you referred to a percentage of
Asians. That's not the same as Chinese, is that correct?
MR. GROSSMAN: Asians are not necessarily the same
as Chinese. All Chinese are Asians, but not all Asians are
Chinese.
DR. SILVERSTEIN: So it's going to be a little bit
hard to respond to your question since it's hard to
understand exactly what you're getting at. Maybe you can
clarify that.
MR. GROSSMAN: Let me clarify it for you, doctor.
A risk ratio as determined by you of 1.34 indicates a 34
percent increase in an exposed group versus the unexposed
group, is that correct?
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