Tobacco Documents Online

6 Plaintiffs in this case contend that Mildred Wiley was a nonsmoker who died of lung cancer on June 24, 1991, as a result of her exposure to environmental tobacco smoke at her place of employment (a Veteran's Administration hospital) 1 for the last seventeen years of her life. Her husband, Philip Wiley, is also asserting a loss of consortium claim. Defendants in the case are each of the six major U! S. cigarette manufacturers, parent companies of three of the manufacturers, The Tobacco Institute, and'the Council for Tobacco Research, Dunn v. RJR Nabisco Holdings Corporation, et al' (Superior Court, Delaware County, Indiana) ~ (filed May 28, 1993). ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS PRISON EXPOSURE CASES Voth v. Maass, 1993 U.S. DistL LEXIS 9894 (U.S. District Court, Oregon) (decided'. July 2, 1993). Frank E. Voth, who has filed an action against several cigarette manufacturers, see issue 52 of this Report, July 23, 1993, has lost his bid to sue prison officials under the Eighth Amendment for, among other matters, assigning him to dormitory housing where smoking is permitted. In denying numerous motions filed by Voth and in granting the defendants' motion for summary judgment, the court observed that Voth did state a section 1983 claim in~relation to his allegations about ETS exposure, but disall'owed the claim because Voth had been transferred to a: nonsmoking dormitory. [15] Jensen v. Gunter, 1992 U.S. Dist. LEXIS 21603 (U'.S. District Court, Nebraska) ' (decided June 11, 1992) A U.S: Magistrate Judge has determined that Eighth Amendment rights were violated,, in minor part, by prison practices involving double eeiling,of smokers with nonsmokers that led to tensions which created an increased risk of violence. The case was a class action filed by all of the inmates housed or to be housed in the four main housing units of the Nebraska State Penitentiary. The court ordered the defendants to develop a policy which would better classify prisoners ETS/IAQ REPORT, ISSUE 53 who were to be double celled to prevent violence and protect inmates who receive threats. RESIDENTIAL E3CPOSURE - CHILD CUSTODY' [16) Montufar v. Navrot (Superior Court, Camden,. New Jersey) (decided July 22, 1993)! An order has reportedly been entered in family court whereby the mother of a l0~year-old boy has agreed to stop all smoking in her home and automobile so that the boy will not be exposed'to ETS. The boy's father requested such an order in a motion filed in June 1993. See issue 51 of this Report, July 9, 1993. The father had alleged that the mother and her new hus- band were chain smokers and were endangering the health of the boy. According to the agreement, the maternal grandparents must also avoid smoking in the child's presence. The father's attorney has reportedly said that this order may be the first of its kind in the area and that the decision represents "a trend that is now irreversible." See The Philudelph'ia lnquirer, July 23, 1993. According to a press report, studies about the pur- ported health effects of ETS exposure provided the impetus behind the father's motion. He apparently filed the motion after his son suffered two respiratory infections earlier this year. See South Jersey Courier Post, July 23, 1993. [17] Shumaker v. Andrews, 1992' Del. Ch. LEXIS. 316 (Family Court, New Castl'e, Delaware)' (decided December 3, 1992). A family court judge has entered an~order which givess primary physical custody of a two-yearrold boy to his mother and orders her to insist that the child's mater- nal grandmother "refrain from smoking in the same room with Joseph,,so that the threat of secondary smoke is lessened." There is no discussion of the issue in the opinion, and there is no indication what prompted this particular order. The only health issue that was discussed at length involved the mother's allegations that the child returns from visits with his father with diaper rash and diarrhea.

AUGUST 6, 1993 WORKPLACE: WORKERS' COMPENSATION CLAIM [118] Employer.' Eisner Levy Aollack etc., 1993 WL 265224 (New York Workers' Compensation Board) (decided Jttne 19, 1993) The Workers' Compensation Board has upheld the claim of a paralegal'lwho alleged that poor air quality on the job caused her to sustain chronic mucous membrane irritation and chronic neuro-behavioral symptoms consistent with "tight building synd'rome." The Board, after reviewing the evidence presenteddetermined'that the claimant had sustained a work-related accident and was entiiled to compensation. According to the Board, the workplace had undergone reconstruction which included modification of the ventilation system, and the claimant worked in a cubicle with no windows and poor air quality. Her doctor advised her to seek fresh air at work. Surveys of ventilation~conditions at the workplace suggested poor air circulation and a temperature control problemL WORKPLACE: HANDICAP DISCRIMINATION, BATTERY, EMOTIONAL DISTRESS [19] Richardson v. Hennly, First Federal Savings and Loan Association v. Richardson,, A93A0680 & A9'3A0807 (Court of Appeals, Georgia), (decided July 15, 1993) The Georgia Court of Appeals has determined that a bank employee may try the merits of her complaints against a co-worker and her former employer alleging harm from exposure to her co-worker's pipe smoke. Employee Bonnie Richardson's complaint against her former employer alleges violation of the Georgia Equal Employment of the Handicapped Code, battery and intentionaliinfliction of emotional harm; her complaint against co-worker J.R Hennly, J'r.,, contains claims of battery, intentional' infliction of emotional distress and interference with contractual relations. Richardson alleged~ that Hennly's pipe smoke caused her to suffer nausea, stomach pain, loss of appetite, loss of weight, headaches and anxiety. According to the court, she was hospitalized twice because of her adverse reactions and was terminated from her position after the second hospitalization due to excessive absenteeism. Richardson 7 claimed'that Hennly was aware of her adverse reactions to his pipe smoke, that he smoked near her to annoy her and that he made teasing or offensive remarks regarding his smoking. In affirming in part and reverser ing in part the trial court's determinations regarding the defendants' motions for summary judgment, the appellate court (i) rejected a claim that the Workers' Compensation Act provided Richardson with her exclusive remedy; (ii) determined that pipe smoke can constitute an offensive "touching" for purposes of a battery claim; and (iii) agreed with the trial court that proof of difficulty in working and retaining employment at a particular job couldzneet the statutory definition of a"handicapped individuai."'The court's decision will send! the cases back to Lowndes Superior Court for further proceedings. According to a press report, when Hennly switched to smoking cigarettes in the fall of 1990 for a brief period' of time, Richardson's symptoms subsided until Hennly resumed smoking his pipe. See Fulton County Daily Report,, July 21, 1993. CIVIL RIGHTS vIOLATIONS [20] Brown v. Costello, 1993 U.S. Dist. LEXIS 10104 (U.S. District Court, Northern District, New York) ~(decid!ed July 15, 1993). The U.S. District Court has dismissed, in part, a pro se complaint involving a claim for damages for expo- sure to ETS filed against several attorneys and various lbcal and state officials and governing bodies. The complaint alleged, among other matters, that one of the plaintiffs, who ~ had been incarcerated on~ a con- tempt of court charge, was forced'to inhale cigarette smoke in violation of New York Public Health Law g 139-n and that such inhalation~ of ETS constituted denial of due process, trespass and battery. Finding that the complaint was devoid of any factual allegations against the attorney defendants who had filed a motion for judgment on the pleadings, the court dismissed the complaint as to these defendants and refused the plaintiffs'' untimely request to amend. The claims against the other defendants are still pending.

8' CRIMINAL BATTERY [21] Smoker Charged with Battery after Disagree- ment with Hotel Clerk According to a press report, a 24-year-old woman was charged with battery after allegedly pushing a hotel clerk who was attempting to enforce a no-smoking policy. Marjorie Kain of Aurora, Illinois, was appar- ently arrested on July 117, 1993, and released on her own recognizance. A hearing was reportedly scheduled on the charge for August 5, 1993, in Kane County Circuit Court. See Chicago Tribune, July 20,,1993. LEGAL ISSUES AI*ID DEVELOPMENTS [22] "The Call for State Legislation on Environmen- tal' Tobacco Smoke in State Prisons," L.M. GalbraitlR-Wilson, 13 Hamline fournal of Public Law and I'olicy 335 (1992). The article examines the issue of ETS exposure in prisons and concludes that, in spite of the fact that some 70 percent of prison inmates smoke, smoking should be banned to protect prisoners' eighth ~ amend- ment rights against cruePand unusual punishment. The author cites a draft vers'ton of the EPA Risk Assessment on ETS to support her claims that ETS poses a health risk to nonsmokers. She also di'scusses several of the prisoner ETS cases that have been decided by the federal: courts in recent years. [23] "Dangerous Products and Injured Bystanders," R.F. Cochran, Jr., Kentucky Law Journa4 81: 687-725 (1992-93)This:article, written by a Pepperdine University School of Law Professor, suggests that the manufactur- ers of inherently dangerous products that are not used by a majority of the populationi such as cigarettes, should be liable to bystanders for the injuries caused by those products. The basis for this suggestion is that bystanders are subjected to "unreciprocated risks" by the manufacturers of goods they have not purchased or used, and compensating them forr their injuries would spread the costs of such injury to the consumers who help to create the risk Citing the EPA Risk Assessment on ETS, the author claims that the evidence is clear that ETS causes lung ETS/IAQ: REPORT, ISSUE 53 cancer in bystanders and states, "It may be that tobacco manufacturers (through liability) and consumers (through higher prices) should be responsible for the risks that they cause others." The author believes that a bystander liability theory is especially apt in ETS cases because bystanders will be unable to bring suit against the users of the products that cause their injury under a negligence or abnormally dangerous activity theory because they have typically been "subjected to a lifetime of second'-hand'smoke by many smokers." OTHER DEVELOPMENTS [24] Smokers' Rights Group Plans March on Washington The Individual Rights Association, a smokers' rights advocacy group, reportedly held a: news conference on July 30, 1993, in Washington, D.C., to announce plans for a "march on Washington." Evidently, the march is being organized as part of the group's agenda to change what the group perceives as the present course of discrimination against smokers. See The Reuter Washington Report, July 30, 1993. [25] Health Service Releases Job Injury Survey According to a press report, the U.S. Public Health Service released'the results of a! survey on July 27, 1993, showing, among other matters, that the percent- age of workers who smoke has decreased by 191 percent in the last decade. Two out of five individuals surveyed reportedly said that smoking is permitted M their workplace, regardless of complaints by nonsmokers, and 551 percent said smoking is not permitted ini their workplaces. See PR'Newswire, July 27, 1993. [26] Fast Food Franchisee Adopts Smoking Ban A Popeyes Famous Fried Chicken & Biscuits franchi- see has reportedly banned smoking in all of its 20 restaurants in tlie Washington, D.C. area. The new policy was apparently introduced early in July 1993, after the franchisee determined that very few people smoke during their meals. The parent company has indicated that it will track the experiment to see if the policy should be expanded to other markets. According to a representative of the parent company, Popeyes

AUGUST 6, 1993 restaurants provide quick service and most customers do not linger afterr their meals. See Nation 's Restaurant News, July 5, 1993. [27] I Smoking Bans Extend to Apartment Buildings According to a press report, Signature Management Inc. of Baltimore, Maryland, has decided to implement smoking bans in all public areas of the apartment build- ings it manages. Published reports out of Washington, D.C., about the purported health hazards of ETS expo- sure, and not tenant complaints, apparently motivated the action; Smoking in individual apartments will 'i not be affeeted. See The BaltzmoreSun, July 117; 1993. [28] Mall Manager to Implement Smoking Bans at All Properties JMB Retail Properties, which manages 60 shopping malls across the country, will reportedly ban smoking at all of its facilities by the end of 1993. Although individuall stores will be permitted to set their own policies, and smoking will apparently be permitted in some restaurants, the ban will include food courts and hallways. The decision to ban smoking was reportedly based on the EPA Risk Assessment on ETS. According to a spokesperson for the International Council of Shopping Centers, the number of smoke-free malls has climbed from a mere handful to more than 100 within the last six months. SeeMiamr HeraU July 21, 1993. [29] A New Indoor Air Diagnostic Tool: Mold- Sniffing Dogs According to a paper presented at a recent scientific meeting, dogs can apparently be trained to "sniff out" hidden bacterial and fungal contamination in build- ings. SwedisL researchers reported at Indoor Air '93, a major conference held in Helsinki, Finlands that a trained dog located contamination hidden in insulation behind other building materials. MEDIA COVERAGE [30] "Second-Hand Science," Editorial, National Review, j!uly 19, 1993 This editorial criticizes the EPA and its methodologies, particularly with regard to the Risk Assessment on ETS. 9 The article quotes Representative John Dingell (D-Mich.) who once said of the EPA, "It cooks the books with great vigor." The author is skeptical; that elevating the EPA to Cabinet level status and requiring that each EPA regula- tion be supported by the best scientific data will I"clhange the way the EPA does business." In discussing the ETS risk assessment, the author applauds the tobacco industry's challenge of the EPA, writing "tobacco growers and cigarette companies are serving,thepublic interest in taking the EPA to court for its misuse of science in declaring environmental tobacco smoke (ETS) ' a`Class A carcinogen' its most deadly category." Characterizing the lowering,of confidence intervals and the agency°s use of meta- analysis as "scandalously manipulative standards," the author concludes, "We are on the side of the fighters where science supports thems however politically incorrect they may be." [31] CNN Broadcast Explores Discrimination for Off-the-job Activities On~July 25, 1993, CNN Weekend broadcast a report on cable television that discussed issues related to discrimination for off-the-job activities such as smok- ing, drinking, or participating,in high risk sports and hobbies. According to a representative of the American~ Civil Liberties Union who appeared during the broad- cast„28 states now have laws prohibiting suchZscrimi- nation. Apparently, a number of corporations are currently monitoring the smoking habits of their employees by administering urine tests and by encour- aging other employees to inform company personnel if theysee a co-worker smoking off the job. See CNN Inside Business, July 25, 1993. SCIENTIFIC/TECHNICAL ITEMS LUNG CANCER [32]I "Exposure to Environmental Tobacco Smoke and Female Lung Cancer in Guangzhou, China," Y.X. Du, Q Cha, Y.Z. Chen, and J.M. Wu, Proceedings of Indoor Air '93 1: 511-516, 1993 [See Appendix A] Based on several epidemiological analyses of data collected in Guangzhou, China, the authors report that

10 "[4]u results of these studies demonstratedthat exposure to ETS had no association with~female lung cancer." From their case-control study of 75 women and 128 controls, the authors report an overall risk estimate of 1.19 (95% CI 0.66-2.16) for husband ever having smoked. This risk estimate is not statistically significant. [33] "Involuntary Smoking in the Restaurant Work- place: A Review of Employee Exposure and Health Effects," M. Siegel, Journal of the American Medical Association 270(4): 490-493, 1993 [See Appendix A] The author of this paper reviews publishedindoor air quality data for bars and restaurants, in comparison with offices and residences, and epidemiologic studies of lung cancer risk in food service workers. He claims that ETS levels are substantially elevated'. in restaurants, and that ETS exposures could account for some of the elevated lung cancer risk reported for food service workers. The author concludes that, smoking should be prohibited in restaurants and bars "to protect these workers." RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [34] "Race and Gender Differences in Respiratory Illness Prevalence and Their Relationship to Environmental Exposures in Children 7 to 14 Years of Age," D.R Gold, A. Rotnitzky, A.I. Damokosh, J.H. Ware, F.E Speizer,,B.G. Ferris, and D.W. Dockery, American Review ofRespira- tory Disease 148: 10-18, 1993 [See Appendix A] This study, part of the Harvard Six Cities Study, reports that maternal smoking was associated with elevated risks of wheeze and other respiratory symp- toms in the children studied. The authors note, however, that racial differences in: symptom prevalence could be related to socioeconomic differences. ETS EXPOSURE AND PvfONITORING [35] "Hair Analysis as a Marker for Fetal Exposure to Maternal Smoking," J. Klein, D. Chitayat, and ETS/IAQ REPORT, ISSUE 53 G: Koren, New EnglandJournal ofMedicine 328(1): 66-67, 199'3 [See Appendix A] The authors of this letter to the editor report that they have measured higher cotinine levels in the hair, of women and infants reportedly exposed to ETS than in women and infants reportedly not exposed. [36] "Determination of Airborne Cadmium in Environmental Tobacco Smoke by Instrumental' Neutron Activation Analysis with a Compton Suppression System," S. Landsberger, S. Larson, and D. Wu, Anralytical Chemistry 65: 1506- 1509, 1993 [See Appendix A] This study details a new methodology for measuring cadmium, purportedly from ETS, in indoor air. The authors call ETS a "significant source"'of cadmiums and claim that cadmium levels in places where smok- ing is allowed may be 30 times higher than in~ non- smoking,areas. [37] "Estimated Reduction in Exposure to Environ- mental Tobacco Smoke Through Removing Smoking in the Workplace," A. Raynal, P.S. Burge, A. Robertson, M. jlarvis, M. Archibald, and D. Hawkin, Proceedings of Zndoor Air `931: 639-643, 1993 [See Appendix A] The authors of this study compare questionnaire responses concerning perceived ETS exposures andl salivary cotinine levels in 1,200 ofl-ice workers. They report a positive correlation between perceived expo- sure and salivary cotinine, and'suggest that 85% of nonsmokers would "have a substantial reduction in ETS exposure" if smoking were to be banned in the workplace studied. INDOOR AIR QUALITY N r-, ... [38] "Effectiveness of Ventilation and Other Con- ~ trols in Reducing Exposure to ETS in Office Buildings," S.B. Hayward, K-S. Liu, L. ~ Alevantis, K. Shah, S. Loiselle, F.jl. Offermann ~ , ~ Y.-L Chang, and L Webber, Proceedings of Indoor Air `93 5: 509-514 [See Appendix A] M+ ~ This study, conducted in California, evaluates exhaust ventilation, physical barriers, and other

AUGUST 6, 1993 methods "for protecting non-smokers from" ETS. The authors report that ETS concentrations varied according to the engineering controls used'. ['39] "Legionnaires' Disease: The Infective Dose Paradox," S.J. O'Brien and R.S. Bhopal, The Lancet 342: 5-6, 1993 [See Appendix A] The authors of this commentary brieflyreview data on Legionellu, the bacterium responsible for the form of pneumonia called Legionnaires' disease. They call for further investigations into the infective hazard of Legionella. [401 "Big Air Quality Complainers - Are Their Office Environments Different from Workers with No Complaints?" R.M. Tamblyn, R.I. Menzies, F. Nunes, J. Leduc, J. Pasztor, and R.T. Tamblyn, Proceedings oflndoorAir '93 1: 133-138, 1993 [See Appendix A] This study investigates the possible role of method- ological problems in the lack of reported associations between worker perceptions and actual measurements of IAQ The authors conclude that significant environmen- tal differences existed between the offices of "complain- ers" and persons who did not complain, and that worker susceptibility, work conditions, and office environment may act multiplicatively to increase complaints and reported symptoms. [4'1] "Sensitization to Domestic Mites in a Cold Temperate Region," M. Wickman, S.L. Nordvall,. G: Pershagen, jl. Korsgaard, and N. Johansen, American Review of Respiratory Disease 148: 58- 62, 1993 [See Appendix A] This Swedish study reports that house dust mites doo occur in a cold; temperate, region. Moreover, mite infestation~appears to be related to "tight and damp housing characteristics." Presence of mites in the home is reportedly related to allergic sensitization and to the occurrence of rhinitis in the children tested, I li STATISTICS AND RISK ASSESSMENT' [42] "Tobacco Industry Response to a Risk Assess- ment of Environmental Tobacco Smoke," L.A. Bero and S.A. Glantz, Tobacco Control2: 103- 113, 1993 [See Appendix A] I The authors of this paper daim to have evaluated the quality of the scientific data presented in the industry- sponsored comments submitted to the public docket on the 1990 draft of the EPA Risk Assessment on ETS. They claim that the tobacco industry selectively cited only literature supporting its positiom Stanton Glantz is a noted antismoking activist. A presentation based on~ this material was given at the November 1992 American Public Health Association Annual Meeting. See issue 38 of this Report, January 7, 1993. IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS AUSTRALIA [43] Ministers Meet and Approve New Cigarette Package Warnings On July 7, 1993, Australia's health and police ministers reportedly agreed to require tough new warnings on cigarette packages. The warnings willl evidently be rotated and will include the statement "Your smoking can harm others." As of April 1994, cigarette manufacturers will be required to print the warnings on at least 25 percent of the front of each cigarette pack. The top third of the back of the pack will require additional health information. See The National'DrugStrategy; July 7, 1993. [44] Health Minister Wants Phase-in of Smoking Bans Minister for Health, Wayne Berry, reportedly said, in response to a submission of the Australian~ Hotels Association, that smoking bans in Australian Capitol Territory (ACT) public places would be phasedd in gradually. The Minister apparently expects to receive a

12 report from the ACT Occupational Health & Safety Councill on ETS in the near future and will have something to say on the issue before the end of the year. See Canberra Times, August 11, 1993. CANADA [45] New Package Warnings to Include ETS Health Effects Claims The federal government has reportedly given final approval to new cigarette package health warnings which will include the message "Tobacco smoke causes fatal'lung disease in non-smokers." The warnings must be printed in two languages and4ill'appear in black and white letters on 25 percent of the front and back of all tobacco packages. The new warnings will apparently not go into effect until July 1994., See Canada Newswire, July 22; 1993; The Gazette, July 23, 1993; and CentralNewsAgenry, July 24, 1993. [46] Critics Say Restaurant Smoking Ban Will Threaten Jobs. Scarborough's plan to ban smoking in all public places, which must be approved by the province before it becomes law, has reportedly been criticized by representatives from Canadian and Ontario restaurant associations. Unless such a ban is imposed province- wide, the critics say, business proprietors will see their business go across city borders. Some 9,200 restaurant jobs are claimed to be at risk. Members of the restau- rant associations are reportedly collecting the signatures of patrons who are opposed to the ban and will: fight the bylaw when it goes before the council and if it reaches the province. Restaurant owners who now permit smoking in their establishments say that patrons have not raise& any complaints about current smoking policies. See The Toronto Star, July 22, 1993. NETHERLANDS [47] Parliament Refuses to Enforce Smoking Bans According to a press reports the Second Chamber of the Dutch parliament is ignoring the requests of an anti-smoking group, Clean Air Now, that parliament more strictly enforce the country's public smoking ban. The ban, which includes parliament buildings, is ETS/IAQ REPORT,, ISSUE 53 apparently being violated, but those infringing the ban are not being punishedL The director of the health care service is quoted' as saying, "It's an internal thing. We don't want to start a witch hunt." See De Telegraaf, June 22, 1993. TA1WAl•r' [48]I Prison Smoking Ban Repealed On July 8, 1993, the ROC Legislature voted to permit prison inmates over the age of 18 to smoke at designated times and in designated areas. The decision apparently ends a smoking ban that has been enforced in~ Taiwan penall institutions for more than four decades. Cigarettes and lighters will~ under the new policy, be under the control of jail guards to prevent illegal smoking or arson. See The Free China Journa4 July 23, 1993. ETSIIAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS AUSTRALIA [49] Department of Occupational Health and Safety v. Burswood Resort (Management) Ltd (Magistrate's Court, Perth) (filed December 1992) Trial began before a Magistrate in~the Perth Court of Petty Sessions on August 2„ 1993. The case is a criminal prosecution under the Occupational' Health, Safety and Welfare Regulat;ions, in which Burswood Resort Casino has been charged! with failing to ensure that effective measures were taken to control the level of ETS so that the health or safety of its employees was not at risk The casino is Western Australia's largest tourism employer with some 2,600 full and part-time staff. A conviction will' carry a maximum~ fine of $50,000. A related prosecution was instituted for the alleged wrongful discharge of a casino employee who aided the Department of Occupational Health and Safety investigation. This prosecution resulted in an acquittal for the casino. Thus far, witnesses for the prosecution have testified regarding the indoor air monitoring that took place at

AUGUST 6, 1993 the casino on June 28, and July 11, 1992. It is antici- pated that trial will take two weeks. The prosecution has dropped its eye irritation allegation and concluded the presentation of its case with the testimony of two respiratory physicians. One used the EPA Risk Assess- ment on ETS in support of his testimony and it was admitted into evidence. [50]i Mother Ordered not to Smoke in Front of Children On July26, 1993, a Family Court Judge inAdelaide, reportedly ordered the mother of asthmatic childreni not to smoke in their presence. The order was rendered in response to an application made by her former husband earlier in July 1993. According to a family lawyer in Melbourne, the order will clear the way for similar or even more outrageous demands in child custody cases. See Sydney Morning Heralct; Australian I11'awarra Mercury, Courier Mail , J,nly 27, 1993; Daily Telegraph Mrrror; July 28; 1993. LEGAL ISSUES AND DEVELOPMENTS AUSTRALIA [51] Asthma Foundation Director Calls for Smoking Prohibitions Tim Shackleton, the executive director of the West Australian Asthma Foundation, has reportedlyralled for health authorities to consider making,it illegal for parents to smoke near their asthmatic childrenL A year-long study was apparentlycondueted by the foundation which revealed that one in five families with asthma sufferers has a parent who smokes. Shackleton's recommendation was evidently based upon his frustration with the study's findings. See WestAustralian, July 28, 1993. OTHER DEVELOPIv1ENTS. CANAD:PI. [52] National' Arts Centre Bans Smoking It has been reported that, as of August, 1, 1993, the National Arts Centre in Ottawa will ban smoking anywhere in the building. Smoking had previously been permitted in the lobby, box office and foyer 13 outside the building s cafe. According to a spokesper- son, for the centre, a survey of performing arts centers across North America revealed that 14' of 25 already ban smoking and the remainder are considering doing so. See The Ottawa Citi,zen, July 7, 1993. HONG KONG [53] New Antismoking Campaign Launched The Hong Kong Council on Smoking and Health (COSH) has reportedly launched a number of new initiatives designed to increase the availability of non, smoking accommodations in hotels and restaurants. The results of a survey on attitudes about smoking in public places conducted in February 1993, were formally released on the eve of a new television campaign which depicts all the customers leaving a restaurant when a smoker lights a cigarette. For further information about the results of the survey, see issue 47 of this Report, May 14, 1993: COSH will also reportedly be meeting with representatives of a hotel association to encourage members to set aside more rooms for nonsmokers. See South Chirut Morning PoA July 30, 11993. UNITED KINGDOM [54] Smoking Ban Rescinded After Business Slump Pub manager Mike Wilson has reportedly rescinded the ban on smoking he adopted at the Smugglers bar in Sund'erland, Tyne and Wear. The ban was apparently introduced after nonsmoking customers complained about other people's cigarette smoke. After a loss of 30 percent of his business during a three-month period, Wilson decided to end the ban. Promotions such as discounted drinks and meals and karaoke nights could'not attract customers, but most former customers returned to the pub within a week of the end of the ban. See Press Association Newsfile, July 25, 1993. WORLD AIRLINE NEWS [55] Canada According to a press report, passengers traveling to international destinations will be able to smoke on Canadian airlines following the postponement of a smoking ban that was scheduled' to take effect on July 1,

14! 1993. The Department of Transport, apparently at the request of Canadian Airlines International (CAI), delayed' implementing the new poliry until July 1, 1994. EEvidently, CAI was able to convince the govern- ment that it would suffer "an immediate and negative impact" in flights to Japan, as other international carriers have not adopted smoking,bans. See The Buffalo News, July 18, 1993. MEDIA COVERAGE AUSTRALIA [56] "When the Censors Become Dictators," D. Hampson, Sunday Herald-Sun, August 1, 1993 This article criticizes those who think they know what is best for everyone else, and! specifically targets the anti',smoking lobby. Stephen Woodward, executive director of ASH, is singled out for endorsing the concept of mothers who smoke during pregnancy being sued by their offspring and a proposal from doctors not to operate on patients who smoke. The author makes the totalitarian nature of such discrimi- nation clear by changing the concept to read that doctors will no longer operate on heroin addicts, AIDS victims, drunks, bad drivers, etc. ETS/IAQ REPORT, ISSUE 53 ( 1k

AUGUST 6, 1993 APPENDIX A The numbers assigned to the following article summaries correspond with the numbers assigned to the synopses of the articles in the text of this Report. LUNG CANCER [32] "Exposure to Environmental Tobacco Smoke and Female Lung Cancer in Guangzhou, China," YX Du, Q Cha, Y.Z Chen, and J.M. Wu, Proceed:ngs oflndoorAir 931: 511-516, 1993 "Cigarette smoking is widely accepted as a major risk for human lung cancer. However, the relationship between ETS exposure and female lung cancer is being debated. Since 1980 to 1988, there have been 5,546 cases of deaths from lung cancer in Guangzhou, and 811 cases of them were never smokers. In this group, 552 cases were from ETS exposure [sic]. I6order to ascertain the relationship between ETS exposure and lung cancer, some epidemiological analyses have been performed as follows: (1) Comparisons of medical histories between ETS and Non-ETS exposure of never smokers. (2) Conditional logistic regression analyses of never smokers. (3) A case control study of female never smokers. (4) ETS exposure and cell type of lung cancer. All results of these studies demonstrated that exposure to ETS had no association with female lung cancer." "[R]esults [of one analysis] suggest that fresh veg- etables act as a protective factor against lung cancer, whereas contact with toxic substances increases the risk of lung cancer. It is worth noting that in females, indoor air pollution and situation of kitchen [sic] are risk factors for lung cancer. However, the [sic] respira- tory disease, ETS exposure, living conditions, and familial history of cancer, exerted'no effect whatsoever on female lung cancer.... In the case of males, besides cigarette smoking, the major risk factors were related to occupational exposure." "The OR of ETS exposure is between 0.61-1.62, showing that spousal smoking, measured either by daily cigarette consumption, or the duration of smok- ing, is not a risk factor for female lung cancer." "The results indicated that no differences in cell types were observed between the exposed and non-exposed groups in both males and femal'es. In other words, A-i exposure to ETS is not to be [sic] etiologically linked to an increase in epidermoid carcinoma of [sic] lung cancer." "Our studies showed that exposure to ETS had no associated [sic] with lung cancer, but it does not mean that ETS had no harmful [sic] to human health." [33] "Involuntary Smoking in the Restaurant Work- place: A Review of Employee Exposure and Health Effects," M. Siegel, Journal oftfieAmerican lkledical Associatian 270(4): 490-493, 1993 "This review assesses the potential health hazard of ETS exposure for bar and' restaurant employees. There are two questions considered. First,-what is the relative exposure to ETS for bar and restaurant employees compared! with employees of other businesses and with individuals who live in a home with a smoker? Second, d'oes ETS exposure in bars and restaurants produce an elevated'lung cancer risk among these workers? To answer the first question, published indoor air quality data for bars, restaurants, offhces, and residences were reviewed. To answer the second questiony the epidemiologicstudies of lung,cancer risk in food- service workers were reviewed."' "The mean restaurant ETS constituent concentra- tions are between 1.6 and' 2.0 times higher than those in the office workplaces studied, and 1.5 times higher than levels in homes with at least one smoker present. Mean concentrations of ETS constituents in~bars are 3.9 to 6.1 times higher than in the office workplaces,, and 4.4 to 4.5 times higher than in the residences." "Six studies have examined lung cancer risk in food- service workers, controlling for active smoking and other potential! confounding variables. One of these was a historical cohort study that examined occupa- tional! lung cancer mortality. Five were case-control studies that included incident lung cancer cases." "Taken together, these studies suggest that there is an excess lung cancer risk of approximateHy 50% (range 10% to 90%) among food-service workers compared with the general population, controlling for active smoking. In the two studies that examined bartenders and other food-service workers separately, this excess lung cancer risk was found for both groups of workers. Thus, it appears that there is an elevated lung cancer risk in both bar and restaurant workers that persists after controlling for active smoking."