Tobacco Documents Online

6 amendments, failed' to pass the H'ouse. See H.B. 956, 176th Gen. Assem. Reg, Sess. (1993-94). [15] ETS-Related State and Local Legislation •Local GovQrnments in California Calabasas: On September 22, 11993, the City Council unanimously approved a law banning smoking in restaurants and most public places, including stores and other buildings open to the public. The ordinance takes effect on October 22. Mayor Marvin Lopata proposed the ordinance; it's timing he said; due partly to a smoking ban approved''. in Los Angeles and pardy to an agreement with Mayor Ed Kurtz of Agoura Hills, which approved a restaurant smoking ban last month. See Los Angeles Times, September 25, 1993. Laguna Hills: A city ordinance banning smoking in most public buildings„which was to go into effect September 24, 1993, was opposed by a group called the Committee for Better Restaurants, Business and Jobs. The group submitted a petition to the city clerk's office in an effort to force a referendum; however, the petition failed'because the number of valid signatures on the petition fell'short of the required minimum. The ordinance is now in effect and prohibits smoking in virtually "aff enclosed areas available to and'custom- arily used by the public." See Los Angeles Times, September 13; September 24 and October 2 1993. Long Beach. A smokers' rights group has gathered enough signatures to force the City Council'either to repeal or weakem an antismoking ordinance approved in July, or to place it before voters on the April 12, 1994, municipal ballot. The council also has the option to pass a weaker measure now and seek voter approval of the original ordinance in April. The matter has been put on hold because some council members want to put the measure on the ballot, but others would prefer to modify it. See Los Angeles Times, September 23, 1993. LosAngeks. On September 20,,1993, an appellate court allowed the city clerk's office to stop counting signatures on a referendum petition challenging the smoking ban in restaurants. The Court ofAppeali issued a stay of a lower court's order for the city to count more than 90,000 signatures on the petition, which calls for the ban to be put before voters on November 2. The requirement that circulators of the petition must be registered Los Angeles County voters ETS/IAQ REPORT, ISSUE 57 was ruled unconstitutional in a lower court, and a hearing before the Court of Appeal is pending. Mean- while, the smoking ban in restaurants remains in effect. See Sacramento Bee, September 21, 1993; Los Angeles Times, September 21',,1993. San Francisco. According to a news report, restaurant owners and representatives of the tourism industry strongly oppose Supervisor Angela Alioto's proposed~ legislation to ban smoking in all workplaces in the city. The proposal would'ban smoking in restaurants, bars and in spons arenas with seating capacities of more than30;000„including Candlestick Park. Aliotoo referred to the EPA Risk Assessment on ETS to support her proposed legislation. According to Jleffrey Tannenbaum, one of the attorneys who successfully challenged a local ordinance which would have regulated video display terminals, the state's labor code preempts any lbcal regulation of workplace health and safety and thus may preempt local ordinances that attempt to regulate smoking in the workplace. The Code designates the Occupational, Safety and Health Standards Board as the only agency in the state authorized to adopt workplace health and~ safety standards. According to a spokesperson for~ a, nonsmoker's rights group, however, the Health and Safery Code of the state provides that local regulation of tobacco use is not preempted unless lbcal ordinances conflict with state law. A second hearing on Alioto's proposal was held on September 28, 1993; See BNA Calrfornia - Safety. 67 Health Report, September 27, 1993. San Juan Capistrano. The Committee for Better Restaurants, Business and Jobs has opposed a city ordinance banning smoking in public buildings and claims to have collected enough signatures to keep the ordinance from taking effect. The ordinance prohibits smoking in virtually "all enclosed areas available to and! customarily used by the public" and bans cigarette vending machines. The group has collected more than 1,215 names of registered voter residents required to put the ordinance on hold. If the petition is ruled valid, the council will be required to put the ordinance before voters in a referendum at a special election or the next regular, election in June: See Los Angeles Times, September 23, 1993.

OCTOBER 8, 1'993 •Local Governments in Hawaii Honolulu. The City Councillhas introducedan ordi- nance to extend prohibitions against smoking to include restaurants. The ordinance cites the EPA Risk Assessment on ETS in support of the new prohibition. See Honolulu City Bill No. 93, 1993. •I,ocal Governments in Maryland Howard County. On September 20, 1993, the Howard! County council overrode County Executive Charles Ecker's veto of a measure that prohibits smoking in most public places, including off ce common areas, stores, museums, public restrooms and beauty and barber shops. The bill's provisions will be phased in through July 1, 1996~ At that time the law will require restaurant and! bar owners to ban all smoking unless they can separate bar areas and equip them with special ventilation systems. Councillmembers defended their action "as a necessary step to curb the health hazard associated with exposure to other people's tobacco smoke." See The Washington PosA September 21, 1993; Baltimore Morning Sun, September 21 and~ 28, 1993. •Pennsylvania The Senate State Government Committee has sched- uled four public hearings to consider legi'slation that would strengthen Pennsylvania's Clean Indoor Air Act. The committee chairperson, Senator Allyson Schwartz (D-Phil./Montgomery), attributed the effort to strengthen the Act to, the EPA Risk Assessment on ETS. "It's time for the General Assembly to take a hard look at the dangers of secondhand smoke and decide if the Clean Indoor Air Act ad'equately protects non- smokers in public places," she is quoted as saying. Senate Bill 1217 wouldlban smoking in state buildings and would restrict smoking in public places by requir~ ing a separately enclosed smoking room with separate outside ventilation. See PR I1'ewswire, September 24 and 30, 1993. •Locai Governments in Pennsylvania PhiGadelphia. Mayor Edward Rendell announced that beginning November 18, 1993, smoking will be prohibited in any city-owned buildings to which the public has access, such as libraries, recreation centers and health centers. Rendell stated he was instituting the ban by executive order base&on "incontrovertible" medical evidence on the dangers of ETS. See I'hiladel- phia Inquirer, September 21, 1993. 7 ETS-RELATED LI'TI'GATIOIrI!AGAINST CIGARETTE MANUFACTURERS [16] Broin: Depositions of Senior Executives Scheduled Depositions of senior executives of some of the defen- dants are scheduled to begin on October 11, 1993, with deponent William Campbell, president of Philip Morris Incorporated. On October 12, the current President of RJR Nabisco, Inc., and Michael Rosenbaum, a Vice President of Liggett Group, Inc.,,are to be deposed. Om October 14, Farrell Delman, President of the Tobacco Merchants Association, and Andrew Tisch, President of Lorillard Tobacco Co., are to be deposed. This series of depositions is scheduled to conclude on October 15 with~ the deposition of Martin Orlowsky, Executive Vice President of Lorillard Tobacco Co. Meanwhile, plaintiffs' appeal of the trial court's dismissallof their class allegations remains pending in the Third District Court of Appeal. A decision is expected at an), time. At issue in this case are the claims of 28 flight atten- d'ants allegedHy injured by occupational exposure to ETS. In addition, the husband of one of the flight attendants claims loss of consortium. The 28 attendants purport to represent a class of approximately 60;000 other attendants. Injuries alleged by the putative class representatives include lung cancer, breast cancer and unspecified respiratory ailments. Plaintiffs further allege that oecupa- tional exposure to ETS on board aircraft causes at least 22 diseases and a reasonable fear of contracting sucL diseases. The defendants are purported to be the six major U.S. cigarette manufacturers (plus related enti- ties), UST, Inc., United States Tobacco Company, Dosal'Totiacco Corp., the Council for Tobacco Re- search, The Tobacco Lnstitute„and three trade associa- tions. Broin, et al., v. Philip Morris, er al: (Circuit Court, Dade County, Fl'orida) (filed October 311, 1994i). [ 17] Butler. Deposition of Plaintiff Ava Dean Butler ~ Noticed ~ Defendants have noticed plaintiff Ava Dean Butler for ~ deposition on October 20, 1993'. Plaintiffs had sought a~ protective order regarding the deposition, but Judge :7 Gibbs denied plaintiffs' motion on September 10. ~% Defendants deposed the plaintiffs' three daughters on ~ October 5 and 6. They deposed the present owner of Burl Butler's former barbershop on October 4. ~,

8 Plaintiffs contend that Burl Butler, a barber from Laureli Mississippi, developed lung cancer as a result of his exposure to ETS. The defendants in this case consist of the six major U.S. cigarette manufacturers and severali local retailers. Butler v. R.J. Reynolds Tobacco Company, et al. (Circuit Court, Hinds County, Mississippi) (filed October 21, 1992). [I18] Dunn: Responses to Defendants'' Dispositive Motions Filed On September 24, 1993, plaintiffs submitted their responses to defendants' pending motionsr a joint motion to transfer venue from, the Circuit Court of Delaware Counnx to the Circuit Court of Grant Counry, which was filed by the cigarette manufacturr, ing defendants, The Tobacco I'nstitute and the Council for Tobacco Research; and motions to dismiss for lack of personal jurisdiction, Bled! by the various holding company defendants. Pursuant to the current schedul- ing order, defendants have until October 27 to submit their reply briefs. The court is presently scheduled to hear argument on the motions on December 2. Plaintiffs in this case contend that Mildred Wileywas a nonsmoker who died of lung cancer in 1991 as a result of exposure to ETS at the Veteran's Administra* tion hospital where she worked. Her husband, Philip Wiley„is also asserting a loss of consortium daim. 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 Counry,, Indiana) (filed May 28, 1993). [19] Votlz Motions to Dismiss Filed On September 27, 1993, Philip Morris Companies. Inc. filed a motion to dismiss plaintiffs amended complaint for lack of personal jurisdiction. On Sep- tember 21, defendants R.J. Reynolds Tobacco Com- pany, R.J. Reynolds Tobacco Company d/b/a Forsythe Tobacco Products, and Brown & Williamson Tobacco Corporation filed a joint motion to strike plaintiffss amended motion for preliminary injunction6 which seeks to ban the sale of cigarettes in the state of Or- egon. In their motion, the defendants contend that plaintiffs motion for a preliminary injunction should' be strickem as moot, redundant,,harassing an& frivolous ETS/IAQ REPORT, ISSUE 57 because he is housed in a nonsmoking area of the penitentiary: Also on September 21, R.J. Reynolds f led a motion seeking the entry of a scheduling order "to bring some order to the case and to ensure that the parties have a clear understanding of what is expected of them and when." The court has not ruled on any of the above motions. Frank Voth, who is incarcerated in the Oregon State Penitentiary, alleges that his civil rights have been violated as a result of his exposure to environmental tobacco smoke. He claims that he has °incurred permanent health damage and i's at risk of death" as a result of being exposed to environmental tobacco smoke. Defendants in Voth are Forsyth Tobacco. Products, R.J. Reynold's„ Brown & Williamson, Philip Morris Companies and American Tobacco. Voth v. Forsyth Tobacco Products, etal.' (U.S: District Court„ Oregon) (filed Aprill27, 1993). ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS. A1;fERICANS VUIT}d DISABILITIES ACT (ADA) [20] Harmer v. Virginia Electric and Power Co. (U.S. District Court, Eastern District, Virginia) (decided September 20, 1'993)~ The district court has granted a motion for summarv judgment filed by the defendant-emplbyer in this case and has dismissed the plaintiffs complaint with prejudice. Plaintiff Robert Harmer had alleged that his employer, Virginia Electric and Power Co. (Virginia Power), violated the Americans with Disabilities Act (ADA) by failing to prohiliit smoking in the building in which he worked. Further details regarding the complaint appear in issues 43 and 45 of this Report, March 119 and April 16, 1993. Harmer's complaint alleged that he had bronchial asthma and that a complete smoking ban was necessary under the ADA to accommodate his condition. The court found~ however, that Harmer could do liis work as a buyer in the company's purchasing department without a smoking,ban. In its order, the court ruled, "[B]ecause the evidence established that Harmer could! at all times adequately perform his employment duties,

OCTOBER 8, 1993 Harmer is not entitled to further accommodation under the ADA." A contrary affidavit from Harmer's doctor was not sufficient, according to the court, "to raise a genuine issue of fact given the doctor's lack of knowledge of Harmer's duties and working condi- tions." The court also rejected Harmer's claims that Virginia Power had retaliated against him after he requested a smoking ban. For purposes of decid'ingthe motion for summary judgment, the court assumed that Harmer was disabledl under the ADA. Thus, the court did not make that determination upon the merits of the case. The court also detailed the efforts undertaken by Virginia Power to accommodate Harmer's complaints about ETS. Beginning in 1990, the court said, Virginia Power provided employees with fans, smokeless ashtrays and air purifiers and moved employees to increase the space between smokers and nonsmokers. Virginia Power also prohibited smoking in common areas of the building in 1990; and thens in consideration of the EPA Risk Assessment, on ETS, restricted'smoking to separately- ventilated smoking rooms in 1993. The court deter- minedl that this voluntary change ini policy did not render the case moot. RESIDENTIAL EXPOSURE: CHILD CUSTODl' [21] Harkness v. Henderson (Family Court, Contra Costa County, California) (January hearing scheduled). According to a legal newspaper, a January hearing,is scheduled for a California woman's request to prevent her former husband from smoking in the presence of their two minor daughters, and the family court referee assigned to the case has requested information about the children's health and the allege&health effects of ETS exposure. The children's ages are 7' and 10.. The father„Steven Henderson, reportedly is litigating the issue actively. Henderson's lawyer frames the issue in terms of a parent's privacy, but the mother's lawyer says the primary issue is one of health. "[Henderson's] arguments suggest parents may do what they want with their children," the mother's lawyer is quoted as saying. "The civilized' portions of the Western world' discarded that theory in the last century." Henderson's smoking did not become an issue in the case until after the parents met with a family court 9 services evaluator, according to the article. The .nother, Sara Harkness, reportedly made no reference to smoking in her original motion to alter Henderson's visitation rights, which was filed earlier this year. The services evaluator recommended not only that Henderson~be prohibited from smoking in his children's presence, but that he also be ordered "to participate in appropriate treatment of tobacco addic- tion," the article states; The referee reponedly has ruled that ordering Henderson to enter a program to quit smoking would exceed her jurisdiction. ETS claims in child custody cases have become increasingly common since the release of EPA Risk Assessment on ETS, the article asserts: )ohn Ban¢.haf IIII of Action on Smoking and Health (ASH) i's quoted as claiming that ETS exposure is now "one of the standard things you look at" in custody determina- tions. The impact of the risk assessment is confirmed by the Contra County family court services evaluator involved in the Harkness case. He estimates that the issue of a parent's smoking came up once or twice in his first 7 1i/2 years on the job. "I bet it's come up half a dozeni times in the last year,"'he is quoted as say.ing. See The Recorder, September 20; 1993. GOVERNMENT BUILDING a'POSURE [22]I Crump v. Department of Hea[th and Human Services, No. 93-265 (U.S. Supreme Court) (certiorari denied October 4, 1993) The U.S. Supreme Court has denied a pro se petition for writ of certiorari filed by a man who sought to ban smoking in state and local government buildings in Virginia. Plaintiff Thomas Crump's claims allegedly arose out of an incident in a Virginia county court- house in November 1991, when he observed someone smoking in a posted nonsmoking area. Further details about the case and the lower court opinions appear ini issue 55 of this Report, September 10, 1993. PRISONER CASE [23] Rogers v. Romer, 93-CV-1876 (U.S. District Court, Denver, Colorado) (filed September 8, 1993). A Colorado prison inmate serving a life sentence has filed a pro se complaint against the Governor of

10. Colbrado and correctional facility officials, alleging that his Eighth ~ Amendment right to be free from cruel and unusual punishment was violate&when~he was forced to share a double cell!with, smoking inmates. Inmate Joseph Rogers claims that he was "knowingly placed in a life threatening living environment when he was forced to breath second hand cigarette smoke, a known carcinogen." Although hi's current cellmate reportedly is a non- smoker, Rogers is seeking an order restraining the defendants from placing him in a double-bunk cell with a smoking cell-mate, and an ord'er placing him in a single cell. He is also seeking punitive damagess against the defend'ants in the amount of $'165,000, and an~ injunctioni tolprevent retaliatory punishment. W O RKP L.AC E: I AQ/ H!AN D 1 cAP DISCRIMINATION [24] Heilweil v. Mount Sinai Nospita4 1993 WL 300026 (U.S. District Coun, Southern District, New York) (decided August 3, 1993) A U!S. District Court has determined that an em- ployee whose respiratory condition was allegedly exacerbated only by exposure to the poorly-ventilated air in her workplace was not a handicapped person under the Federal Rehabilitation Act. The employee, Donna H'eilweil, had been terminated from her position as adininistrator of the employer's blood bank. According to the court, when~she was not exposed to the air in the blood bank, she did not suffer respiratory problems. Stating that "[a]n impairment which onNy renders one unable to perform one particular job is not a handi- capped person with the meaning of the Act," the court ruledl that Heilweil's condition did not substantially limit one or more of her major life activities as required by the federal: statute. The court, in granting the employer's motion for summary judgment, also ruled that the state workers' compensation board had exclusive jurisdiction over H'eilweilis claim that her employer had breached'its common law duty to provid'e a safe workplace. ETS/IAQ REPORT, ISSUE 57 WORKPLACE: MULTIPLE CHEMICAL SENSITIMTY [25] Conradt v. Mt. Carmel Schoor; 1993 WL 361221 (Wisconsin Labor and Industry Review Commission) (decided August 13, 1993) A Wisconsin; workers' compensation~tribunal has rejected a.school teacher's claim~that exposure to moldy carpeting and chemical air fresheners caused her to suffer multiple chemirral sensitivity. Claimant Donna Conradt had alleged: that a nine-year roof leak causeddampness and mold to develop in her classroom's carpeting. Exposure to the mold, she alleged, caused an allergic reaction affecting her lungs, throat, ears, sinuses andl severe headaches. Although she was relocated to another~ classroom, the schooll placed chemical air fresheners throughout the building in August 11989: : Conradt claimed that this subsequeno exposure caused an occupation, injury as of February 11990, her last day of employment. The experts testifying in the case differed over whether Conradt, suffered a "sick building syndrome" or multiple chemical sensitivity injury. The commis- sion found that the exposures alleged were "so far removed in time" from the date of injury as to °lack suflicient credibility" to meet Conradt's burden under the Worker's Compensation Act. LEGAL ISSUES AND DEVELOPMENTS [26]I "Study Examines Opinions, Actions on Smok- ing Policy," BNA D'ailyr Labor Report, Septern- ber 23, 1993 A study oni the law and politics of smoking policy iss detailed in a chapter of a new book titled Smoking Policy: Law, Politics and Culture. The author of the study is Stephen Sugarman, a University of California at Berkeley law professor. The study analyzes various strategies utilized by employers and insurers to dis- courage smoking. It also covers the politics of smoking control and lawsuits against the tobacco industry by smokers. According to the authors of the study, "when employers and insurers discriminate against those who smoke outside of work, various privacy iosses are

OCTOBER' 8; 1993 incurred by smokers,... the social',,alue of individual- ized fair treatment is threatened, and the principles of collective responsibility may be violated in areas of American life where it has long held sway:" [27] "Environment Smoke Scream," T.H. Holt, The Washington Times, September 21, 1993 This commentary criticizes the EPA Risk Assessment on ETS and discusses some of the initiatives that have been taken by ASH in reliance on the risk assessment and the Americans with Disabilities Act. The author warns that the risk assessment will be used to support governmental intrusions into private homes. He states, "Nbnsmokers and smokers alike should be concerned about the EPA's cavalier pronouncements on ETS. If ETS is sufficient justification for the government to mount citizens"doorsteps, what other minor, politi- cally incorrect, social offenses might be the object of the Pest Class' next crusade? Fried foods? Alcohol, again? Belching?"' The author also notes that in the late 1800s when the Senate was asked to adopt a national ban on cigarettes, it refused to do so; saying it was ai matter of state regulation. The article concludes by expressing concern that the government will not similarly restrain itself this time aroun& The Washington Times printed a response to the Holt commentary by John Banzhaf, executive director of ASH. In his letter„ Banzhaf attempts to refute the criticisms made by H'olt of the ETS risk assessment. He also claims„"Dozens of nonsmokers have already won large court judgments and/or obtained court orders prohibiting,smoking in private homes, all prior to the release of the EPA's report." He concludes by offering to provide the evidence and legal decisions to support his claims to Holt or anyone who writes to ASH to request them. See The Washington Times; September 26, 1993. OTHER DEVELOPMENTS [28]I Restaurant Smoking Dispute Ends in Killing According to a press report, a smoker who was ordered to put out her cigarette after lighting one in 11 the nonsmoking section of a fast food restaurant returned to the restaurant with a 12-gauge shotgun and killed one of the patrons who had' complained about her smoking. The incident occurred' September, 28, 1993, at a Denny's restaurant in a San Francisco suburb. A suspect has been arrested; she is a 22-year-old mother of four. SceArsociated Press, September 30, 1993. [29] Coalition to Advance "Sound Science" Dr. Garrey Carruthers, former Governor of New Mexico and professor/economist at New Mexico State University, is creating a coalition of scientists, academi'- cians, former publicofficials, and representatives from business and industry who are concerned about the advancement of sound science. The coalition is call'ed' The Advancement of Sound! Science Coalition (TASSC), and its goal is to "advance the principles of science used to formulate public policy." Carruthers says he believes that public policy decisions are too often basedomemotions and beliefs considered by some to be "politically correct." [30]1 Washington, D.C., March Protests Bias Against Smokers The first national march to fight "tobacco-related discrimination" took place on September 25, 1993, in~ Washington, D.C. Speakers reponedlyquestioned'the accuracy of the studies used by EPA and used the names of the Rev: Martin Luther King„Jr.,,and Susan B. Anthony in urging the demonstrators to defeat "another form of tyranny." Forty-five adults and five children participated. See The Washington Post, Sep- tember 26, 1993. [31] Smokers Fly Freedom Air The founder of a new airline specifically designed for smokers flew 60 passengers from Chicago to Los Angeles on the inaugural run of Freedom Air. Non- smokers are reportedly allowed to book seats on Freedom Air, but they must sign a waiver saying they, will not sue over ETS exposure. Founder Ted HallB is making several trips to test the market before deciding whether or not to go ahead with regular service. See USA Todny, September 30, 1993. 20Z4702543.

12 MEDIA COVERAGE [32] "Where There's Smoke There's Fire: Law Firms Get Tough on Smoking," S. Taylor, Prentice Hall Law and Business, April 19, 1993 This article discusses eff'orts to limit employee exposure to ETS in law firms across the country. Surveys of approximately 25 law firms in 11989 and 1993 report- edly show that smoking policies are generally more restrictive presently and that two firms in the survey have banned smoking altogether. According to the executive director of one law firm, more employees are complaining about ETS since the EPA released' its Risk Assessment on ETS. The author of the article observes that it has been difficult for some firms to~force their senior partners and clients to stop smoking indoors. [33]~ "Bar and Restaurant Workers Demand Protec- tion from Secondhand Smoke," Business Wire, September 27, 1993 Stanton Glantz and three bartenders are demanding protection for California bar and restaurant workers from the alleged health effects of ETS exposure. The three bartenders are members of BREATH (Bar and Restaurant Employees Against Tobacco Hazards),,a group which educates bar and restaurant workers and the general public about ETS. Dr. Glantz apparently stated that business does not change when communities go 100 percent smoke free and that "all that happens is bar and restaurant employees have a significantly safer place to work." BREATH receives funds from Proposition 99, California's 1i988'Tobacco Tax Initiative. BREATH is active in seven Bay Area counties. SCIENTIFIC/TECHNICAL ITEMS UPCOMING SCIENTIFIC MEETINGS [341 Indoor Air Quality Symposium, American Industrial! Hygiene Conference and Exposition, Anaheim, California, May 22, 1994 An announcement and "call for notice of interest" is available for this one-day symposium on: IAQ, to be ETS/LAQ REPORT, ISSUE 57 held in conjunction with the American Industrial Hygiene Conference and Exposition. According,to the announcement, the symposium will include (i)' discus- sion of threshold limit values (TLVs) and IAQ guide- lines, (ii) the role of TLVs in identifying and resolving IAQ problems in office environments, and (iii) the question~of whether there are "grounds for justifying different guidelines and standards for IAQin industrial environments as opposed to office environments." The announcement did not indicate who would be the keynote speakers or presenters for the symposium. [351 Indoor Air Quality: An Overview for People Who Need to Know, the American Institute of Hazardous Materials Management (AIHMM); several' sites and dates in 1993 and' 1994' This one-day course is described! as covering the issues and methods needed for understanding and resolving IAQ problems, emphasizing "practical aspects of what is known and how to apply it to [a] situation." The course description~al'so states that IAQ "has become an increasing concern for both EPA and OSHA," and'that "OSHA has been treating workplace IAQ complaints as indicative of probable occupational' illnesses which must be reported'and resolved." The course will debut on October 23, 1993, in Santa Fe, New Mexico; other sites and dates are listed inAppendix B: LUNG CANCER [36) "Epidemiological Studies Relating Faltrily History of Lung Cancer to Risk of the Disease," P.N. Lee, Indoor Envrronment 2: 129-142, 1993 [See Appendix A] This review refers only briefly to ETS as a claimed lung cancer risk factor. The author concludes, based on a review of epidemiologic studies, that family history of lung,cancer is associated with a two-fold increased lung, cancer risk. He suggests that family history of lung cancer should be considered in designing and interpret- ing studies of "environmental factors" (including ETS exposure) and'lung cancer risk. 2024702544

OCTOBER 8, 1993 RESPIRATORY' DISEASES AND CONDITIONS - CHILDREN [37] "Road Traffic and Adverse Effects on Respira- tory Health in Children," M. Wjst, P. Reitmeir, S. Dold, A. Wulff, T. Nicolai, E.F. von Loeffetholz-Colberg, and E. von Mutius, British Medical Journal307: 596-600, 1993 [See Appendix A] The authors of this study examine road traffic, as a surrogate for outdoor pollution, in~Munich„Germany, with reference to pulmonary function and respiratory symptoms in children. They report a statistically significant decrease in peak flow rates associated with increases in automobile traffic. The authors note that the decrease was comparable to a decrease they had reported'elsewhere in a study of parental smoking and children's lung function. ETS EXPOSURE AND~ Pv1ONITORING [38] "Estimation of ETS Retention in Volunteers from Measurements of Exhaled Smoke Compo- sition," A. Black, J.J. McAughey, D.A. Knight, C.J. Dickens, and J.C. Strong, Proceedings of Indoor Air `93 3: 41-46, 1993 [See Appendix A] i In this study, the authors measuredl the deposition of UVPM, solanesol and nicotine in ten male volunteers exposed to ETS inian experimental chamber. They report good agreement, between the measurements for deposition, of solanesol and UVPM4 but indicate that nicotine deposition was substantially different. They concllyde that nicotine is not a representative marker of exposure to ETS particulates. [39]I "Measurement of Exposure to Environmental Tobacco Smoke in Pregnant Women Using Questionnaire, Personal Monitor and Urine Cotininc: A Problem in Exposure Monitoring," T.Z. O'Connor, B.P. Leaderer, T. Holford, and M.B. Bracken, Proceedings offndoorAir `933: 373-378 [See Appendix A] Three techniques for assessing ETS exposure are compared in this paper. The authors reporn no correla- 1i3 tion between, reported exposure, assessed by question- naire, and urinary cotinine. They report "fair" agree- ment between questionnaire responses and nicotine monitoring data. INDOOR AIR QUALITY [I40] "Environment and Well-Being Before and Following Smoking Ban in Office Buildings," I. Broder, C. Pilger, and P. Corey, Canadian Journal of Publrc Health 84(4): 254-258, 1993 [See Appendix A] This paper reports onioccupano-reported symptoms and measurements of indoor environmental quality before and after institution of a smoking ban. Changes occurred in occupants' perceptions of temperature and in symptom reporting. The authors describe the latter as ambiguoua. With regard to: IAQ measurements, CO; and VOCs were significantly decreased following the ban. [41] "The Pollutant Control Index: A New Method of Characterizing Ventilation in Commercial Buildings," W.J. Fisk, D. Faulkner, andA.T. Hodgson, Proceed'ings of Indoor Air `93 5: 9-14,. 1993 [See Appendix A] The authors of this paper introduce a new method for quantifying ventilation effectiveness in buildings. They propose using multiple emitters of tracer gas to simu- late an indoor pollutant source, whic6would be measured over time. [42] "Varying Ventilation Conditions to Provide a More Complete Assessment of Building HVAC Operation and Indoor Air Quality," R. Menzies, R.M. Tamblyn, F. Nunes,,J. Leduc, J. Pasztor, and R.T. Tarnblyn, Proceedings oflndoorArr '93 6: 551-556, 1993 [See Appendix A]I The authors of this study, in which ind'oor environ, mental conditions were assessed in four Montreal office buildings, report significant variations in measured parameters within individual'buildings. They suggest that such variations should be taken into consideration in estimations of occupant exposures.

14 [43] "The Effect of ETS and Other Combustion Products on the Indoor Concentration Levels of Radon Progeny and Activity Size Spectrum," L. Morawska and M. Jamriska, Proceedings of IndoorAir `23 4: 533-538; 1993 [See Appendix A] Based on the results of experimental chamber studies„ these authors, from an Australian~ University, report that the "unattached" fraction of radon progeny decreased in the presence of ETS. It has been suggested that a reduction in "unattached" radon progenycould result in a: reduction of rad'on dose to the lung. [44]I "Indoor Concentrations ofPolycyclic Aromatic Hydrocarbons in California Residences and Their Relationship to Combustion Source Use," L. Sheldon, A. Clayton, R. Perritt, D.A. Whitaker, and J. Keever, Proceedings ofIndoor Air '93 3: 29-34, 1993 [See Appendix A] Based on measurements conducted in northern~ California, this study concludes that smoking, fireplace use, woodburning stove use, and kerosene heater use are the "strongest indoor sources" of benzo(a)pyrene in indoor air. STATISTICS AND RISK ASSESSMENT [45] "Key Issues in Carcinogen Risk Assessment Guidelines, Society for Risk Analysis,"'E. Anderson, P.F. Deisler, D. McCallum, C: St. Hilaire, H.L. Spitzer, H. Strauss, J.D. Wilson, and R. Zimmerman,,RukAnalysis 13(4): 379- 382, 1993 [See Appendix A] I The Society for Risk Analysis held a workshop on cancer risk assessment under a cooperative agreement with the U.S. EPA and California EPA on December 4, 1992. Recommendations resulting from the work- shop are published in this article. Workshop partici- pants recommended that carcinogen classificationn should be part of the risk characterization stage of a risk assessment and should reflect all relevant informa- tion, and that more extensive use should~ be made of meta-analysis of human data, in addition to eight other recommendations. ETS/IAQ REPORT, ISSUE 57 [46] "An Enforceable Indoor Air Quality Standard for Environmental Tobacco Smoke in the Workplace," J.L. Repace and A.H. Lowrey, Risk Analysis 13(44)i 463-475, 1993 [See Appendix AJ This article claims to present new methodology for correlating nicotine measurements and lung cancer risk purportedly due to ETS exposure. See issue 56 of this Report, September 24, 1993; excerpts of the study are found in Appendix A of this issue. IN EUROPE & AROUND THE WORLD REGULATORY AND LEG] SLATIVE MATTER'S AUSTRALIA [47]I New Public Smoking Ban LikeNy in Canberra Press reports indicate the Canberra government iss expected to legislate smoke-free restaurants, bars and other enclosed public places within the next few months. Canberra's Health Minister has reportedly been pushing for the legislation for the last year. See Canberra Times, September 26, 1993, AUSTRIA [48] Compromise On Draft Tobacco Bill in Austria Austrian Health Minister Michael Ausserwinkler has reportedly introduced a compromise draft tobacco bill which would not require restaurants to designate no smoking areas as was earlier proposed. Also proposed in the compromise bill is a provision that would limit tobacco advertising. If passed, the new legislation would take effect on January 1, 1994. See SaLzburger Nachrichten, September 1'4', 1993.

OCTOBER 8, 1993 CAN ADA [49] Antismoking Bylaw is Passed in Durham Region Pickering, a Durham Region municipality, has reportedly passed a bylaw that, in September 1993 prohibits smoking in malls, beauty salons, service lineups, theatres, recreation centres and reception areas. Smoking,willlalso be restricted to 30 percent of the seating area in restaurants and 50 percent of the floor area of bingo halls and bowling alleys. The bylaw apparently follows the criteria set d'own by the region's health depanment,. Several other Durham municipali- ties are said to be considering public smoking bans. See Toronto Star, September 30, 1993. [50] Health Agencies Plan to Picket NDP Caucus Representatives of health agencies reportedly planned to demonstrate on September 22, 1993, at a New Democratic Party (NDP) Caucus meeting following,a reported leak of a NDP legislative priorities list that will purportedly recommend the Ontario Tobacco Acrt should not be introduced during,the remainder of the government's term. A spokesperson for the group was quoted as saying that passage of the act is "essential to help us reach: our regional goals of no sales to minors and smoke-free public and ~ workplaces." The Act has apparently been promised, and continually delayed„ by the government since the spring of 1991. See Canada NewsWire„ September 22, 1993. j,J~l17TED~ K.INGDO7+.t [51]I HEA Wants Teachers to Set Nonsmoking Example The H'ealth Education Authoriry(H'EA) has report- edly launched a campaign to persuade teachers to set an example for children by not smoking on schooli property. HEA hopes that schools will extend the smoking restrictions to school buildings and grounds, vehicles, out-of-school events, and outside users of the premises. A recent survey conducted for the HEA reportedly revealed that nearly three in five MPss advocated, a smoking,ban in schools and 38 percent said they would support special zones for smokers. However, ASH chairman Jerry Hayes stated that "a 15 ban would: cause more trouble and anxiety than it was worth" and that no-smoking arrangements should be voluntary. The National Union of Teachers apparently supports voluntary staffroom bans and possible "'speciali smoking rooms." See The Guardian, September 18, 1993. ETS-RELATED LITIGATION INVOLVING CIGARETTE MANUFACTURERS AUSTRALIA ['52] TIA v. Stephen Woodward (Supreme Court, Equity Division, New South Wales) (filed April 15, 1993; tried September 6-7, 1993)' Stephen Woodward has filed his "submissions" to the court following,trial in this Fair Trading Act action. Woodward's submissions argue that the statements he made were not made in the course of any business and therefore cannot constitute a violation of the Fair Trading Act which, according to Woodward, addresses conduct "in trade or commerce" that is misleading or deceptive. Woodward stares that his cond'uct as executive director of ASH~ was solely directed toward educating the communiryand legislators. Woodward also urges the court to consider the context M which his statements were made. He states that they were made in live interviews with imprecise language in the context of an "ongoing debate between adversaries;" He also denies that some of his state- ments were misleading or deceptive and he claims that} they were not made in permanent form~nor will they be repeated! as ASH is ceasing,operations and Woodward is leaving,the country for two years. The action was broughr by TIA on the basis of misleading statements allegedly made by Woodward about the judgment of the fullifed'eral court in AFCO v. T1A and the EPA Risk Assessment on ETS. Further details regarding the trial appear at issue 55 of this Report, September 10, 11993. The court gave both parties the opportunity to submit writtensummations before it reaches a decision in the case.