Tobacco Documents Online

6 WHITE HOUSE [14] Clinton Proposes Cigarette Tax to Nearly $1 Per Pack The Clinton health care reform proposallcontains a provision that would increase the federal tax on a package of cigarettes by 75 cents, from 24 to 99 cents. Increased taxes on cigarette papers, cigarette tubes, smokeless tobacco, pipe tobacco and rolling tobacco have also been proposed. These proposal's have been viewed' by public health officials and advocates as beneficial to nonsmokers in that they are expected to result in a decrease in the use of tobacco products. See issue 57 of this Report, October 8, 1991 STATE AND LOCAL GOVERND.TENTS [I15j Mana's Foods, Inc., et at v. Wade, et a1 (General Court of Justice, Superior Court Division,. Guilford County, North Carolina) i(filed Octo- ber 29, 1993) Eleven plaintiffs representing a broad range of affected interests have filed a lawsuit in a North Carolina state court against individual members of the Guilford County Board of Health (Board), the county health director and! Guilford County, alleging that the Board exceeded its authority when~ it voted to "ban" smoking in restaurants and other public buildings. The suit seeks a declaration that the Board's "Smoke Control Rules", as modified by a subsequently enacted! resolution, which was to take effect in January 1995, are null and''void, and preliminary and permanent injunctions regarding enforcement of the Rules. No monetary damages are sought. The complaint alleges that in September and October 1993, the Board adopted rules and a resolution requiring,that all'eating establishments prohibit smoking after December 31, 1994, unless the owner or proprietor can demonstrate that the air in designated smoking areas is cleaned to the extent that it is equiva- lent to being "smoke-free." These provisions, according to plaintiffs, conflict with local smoking ordinances and will result in harm to the plaintiffs in the nature of lost sales, loss of convention business, and the inability to smoke in any restaurants in the county. ETS/IAQ REPORT, ISSUE 59 The plaintiffs claim that the 1Soard has exceeded its authority in adopting the Rules, that any state laww giving a local health~ board authority to regulate smoking is unconstitutional, and that the enactment of the Board's Rules violated due process. The plaintiffs are Mana's Foods, Inc., owner and' operator of a restaurant in Greensboro, North Caro- lina; the Greensboro-Guilford County Tourism Development Authority, a non-profit public authority which operates the Greensboro Area Convention and Visitors Bureau; Market Square Partnership, owner and' operator of several Guilford County buildings; the Shamrock Gravure Ptod'ucts Company, a Northi Carolina supplier of products used in theinanufacture of tobacco products; the Canteen Corporation, a Delaware corporation which operates the cafeteria for the Lorillard! production facility in Guilford County; Trudy Early and Steve Troxler,,counry residents and tobacco farmers; and Lorillard Tobacco Company, a Delaware corporation and tobacco products manufac- turer. Plaintiffs are represented by Womble Carlyle Sandridge & Rice. [161 ETS-Related State and Local Lcgislation •Local Governments in California LosAngeles: Media reports about the restaurant smok- ing ban that has been in effect since August 2„ 1993, indicate that business at some restaurants has declined by as much:as 50 percent. See KCAL Prime 9 News; October 15, 1993; The Los Angeles Business fourna4 September 20, 1993. San Francisco. On Nbvemlier 11, 1993, the Board of Supervisors unanimously approved a proposed smok- ing restriction, ordinance. The ordinance reportedly would prohibit smoking in all workplaces except bars, bar areas in restaurants, home offices, nonseating areas at Candlestick Park, bingo parlors, banquet halls, some hotel and motel rooms, and lobbies of hotels and motels. The prohibitions against restaurant smoking would take effect on January 1, 1995. The ordinance now goes to Mayor Frank Jordan. According to a news story, Jordan has indicated he supports the measure. See San Jose Mercury News, November 3, 1993; San Francisco Chronicle, November 2, 1993. San Jose. On October 26, 1993, the City Council unanimously directed' the city attorney to draft an

NOVEMBER 5, 1993 ordinance that would prohibit smoking in workplaces,, restaurants, and the common areas of apartment buildings and condominiums. The council may vote on the ordinance before the end of the year, according, to a newspaper anicle. See The San Francisco Chroniclr,. October 28,,1993. Santa Clara. Om November 9, 1993, the City Council is scheduled to hold a public hearing on a proposal to prohibit smoking in all public buildings, workplaces, restaurants and bars. At the conclusionof the hearing, the council plans to "consider" the proposal and other options, according to a newspaper article. See San Jose Mercury News, October 19, 1993'. West Hollywood According to a newspaper article, a group of restaurant owners has filed with the City a petition bearing the signatures of 1,000 persons who want the City Council to rescind a restaurant smoking ban that took effect October 6. At a council meeting, on October 25s some restaurant owners said they had lost business to neighboring cities and have had to lay off employees. Based on the information available at the time this report was prepared, the council had not yet voted on whether to rescind the ban. See Los Angeles Times, October 28, 1993. •Florid'a A House bill that would prohibit smoking in restau- rants was prefiled'on October 26, 1:993. See H.B. 185,. 13th Legislature, Second Regular Session (1994). •T.ocal Governments in Kansas Overland Park. On December 13, 1993, the 10- member City Council is scheduled to vote on an ordinance that would restrict smoking to separately- ventilated rooms in all public places except taverns that do not sell food. A councilI committee approved the ordinance on November 3 by a vote of 3-2. If the council approves the ordinance, Overland Park will! become the first city in the Kansas City metropolitan area to so restrict smoking. See The Kansas City Star, November 4, 1993. •Wisoonsin An Assembly B'ill that would prohibit smoking in shopping malls was introduced on October 26, 1993. SeeA.B. 881, 91st Legislative Session (1993-94). 7 ETS-RELATED LITIGATION AGAINST CI GARETTE MAN UFACTU RERS [17] Bentz: New Pro Se Prisoner Case in Oregon Dismissed On October 21, 1993, Judge Helen Frye sua sponte dismissed this action without prejudice. "Construing,the allegations in the complaint in their broadest light," Judge Frye wrote, "the court concludes that the allega- tions are not adequate to state a claim. While products liability law is constantly expanding, the court finds that the products liability statute will not support an injunc- tion against the defendants to refrain from marketing their tobacco products in the State of Oregon. The count funher finds that the products liability statute of the State of Oregon and the federal cigarette labeling and advertising requirements in 18 U.S:C. §§ 1331 et seq. do not support the claims for damages made by Bentz."' The order is reported at 1993 U!S. Dist. LEXIS 14928. American Tobacco, American Brands, Eagle Tobacco Corp. and Ultratech Corp. were the defendants in thiss case, which was filed in the U.& District Court for the District of Oregon. Plaintiff Travis Bentz, a prisoner cn an Oregon jail who filed the case pro se, alleged he had an unspecified irreparable injury and had incurred a "reasonable fear of contracting one or more of the known fatal'i effects" from being exposed to environmen- tal'tobacco smoke. He further alleged that cigarettes and other tobacco products are "unreasonably dangerous to consumers, bystanders,,and the general public." Bcnzz v: Eagle Tobacco Corp,, et al: (U.S District Court, Oregon). (f lhd September 27, 1993). [18]' Bluitt. Defendants' Responses to the Compiaint Filed On November 1, 1993, defendants filed two joint motions in response to plaintiff's' complaint. They filed a motion~to disrrtiss for improper~ venue or, in the alterna- tive, to transfer venue to the U.S. District Court for the Northern District of Texas. Defendants also filed a motion to dismiss due to plaintiffs' failure to plead their fraud, misrepresentation, concealment and conspiracy claims with. paniculariry. Plaintiffs in this action allege Willie Ruth~Bluitt was a nonsmoker who died of lung cancer as a result of her .~'. exposure to environmental tobacco smoke. Defendants in lr

8 the action are the six majpr U.S. cigarette martufacturers. Bluitt v. RJ.Rcynol'ds Tobacco Co., et aL (U.S. District Court, Eastern District, Texas) (filed August 30, 1!993). [19] Broin: Depositions ofAdd'itional Senior Execu- tives to be Taken Bennett Lebow of Liggett Group was scheduled to be deposed by plaintiffs on November 5, 1993. Plaintiffs also are scheduled to depose four representatives of The Tobacco Institute - Samuel Chilcote, Walker Merryman, Brennan Dawson and Thomas Lauria - on November 18-19. A deposition of a representative of the Council for Tobacco Research, Dr. Glenn, was postponed from November 4 and a new date has not been set. At issue in this case are the claims of 28 flight attendants allegedly injured by occupationalI exposure to ETS. In addition, the husband of one of the flight attendants claims lbss of consortium. The 28'attendants purporn to represent a class of approximately 60,000 other atten- dants. Plaintiffs' class action allegations have been dismissed by the trial court; plaintiffs' appeal of that dismissal lis pending in the Florida Court of Appeal. Injuries alleged by the putative class representatives include lung cancer, breast cancer and unspecified respiratory ailments. Plaintiffs further allege that occupa- tional exposure to ETS on, board aircraft causes at least 22 diseases and a reasonable fear of contracting such diseases. The defendants are purported to be the six major U.S, cigarette manufacturers (plus related entities)„UST; Inc., United States Tobacco Company, Dosal Tobacco Corp.,, the Council for Tobacco Research, The Tobacco Insti- tute, and three trade associations. Brain, et aL, v. Philip Morris, et a1(Circuit Courts Dade County, Florida) (filed October 31, 1991). [20] Butla: Defendants File a Motion for Summary Judgment On October 25, 1993, defendants filed a motion for partial summary judgment on plaintiffs' failure to warn and concealment claims based' on preemption. Defen- dants also sought summary judgment on plaintiffs' remaining claims (except for design defect) based on state law grounds. Defendants have noticed depositions of some of Burl Butler's customers and' friends for November 16-17. ETS/1AQ REPORT, ISSUE 59 Plaintiffs contend that Burl Butler, a barber from Laurel, Mississippi, developed lung cancer as a result of his exposure to environmental tobacco smoke. The defendants in this case consist of the six major U.S. cigarette manufacturers and several', local retailers. Butler v. Rf. Rrynolds Tobacco Company, et aL (Circuit Court, Hinds County, Mississippi) (filed October 21, 1992). [21] Dunn: Reply Briefs in Support of Defendants' Motions Filed Pursuant to the scheduling order entered by the court on August 12, 1993, defendants submitted reply briefs in support of their respective motions on October 25. The cigarette manufacturing defendants, The Tobacco Institute and the Council for Tobacco Research filed a reply brief in support of their joint motion to transfer venue from the Circuit Court of Delaware County, Indiana; to the Circuit Court of Grant County, Indiana. The holding company defendants - Ameri- can Brands, Loews Corp, and RJR Nabisco Holdings Corp. - fil'e& reply briefs in support of their separate motions to dismiss for lack of personal jurisdiction. The court is schedultd~ to hear argument on the motions on December 2. On October 26, plaintiffs fsled a motion for leave to add Brooke Group Ltd. as a defendant. Plaintiffs contend in the motion~that defendant Liggett Group "is a mere instrument" of Brooke Group "through which Brooke manufactures and distributes cigarettes and'that Liggett's total financial picture is subsumed into Brooke's fi- nances." In addition, plaintiffs contend that if they "sltould prevail they shouldibe entitled to execute their judgment against Brooke for the simple reason that Brooke and Liggett are ... one financial entity." Plaintiffs in this case contend'that Mildied Wiley was a nonsmoker who died of lung cancer as a result of work- place exposure to environmental tobacco smoke. Her husband, Philip Wiley, is also asserting a loss of consor- tiumclaim. 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 Noldings Corporation, etaL (Superior Court, Delaware 1993): County, Indiana) (filed May 28.

NOVEMBER 5,11993 [22] Yoth: Defendants' Motions Scheduled for Submission; Plaintiff Files Purported Third' Amended Complaint On October 15, 1993, Judge Robert Jones issued an order scheduling two of defendants' motions for submission on the court's February 22, 1994, "not, for oral argument" calendar: Brown & Williamson, Forsyth Tobacco Products and R.J. Reynolds' joint motion to strike plaintiff's motion for preliminary injunction, and Philip Morris Companies' motion to dismiss for lack of personali jurisdiction. In his motion for preliminary injunction, plaintiff seeks an order banning the sale of cigarettes in Oregon. On, October 22, plaintiff submitted several motions, including a motion for leave to f le a third amended complaint, which purports to substitute Philip Morris Incorporated! for Philip Morris Companies. He also submitted a motion for appointment of counsel (Mr. Voth filed'the case pro se) i In addition, he filed an objection to the motion to strike his motion for preliminary injunction and an amended motion for preliminary injunctive relief. In opposition to the motion to strike his motion for preliminary injunc- tion, plaintiff alleged that he is housed'. in an area of the prison in which smoking is allowed. 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 is at: risk of death~" as a result of being exposed to ETS. Defendants in l?oth are Forsyth Tobacco Products, R.J. Reynolds, Brown & Williamson, Philip Morris Companies and American Tobacco. Voth v. Forryth Tobacco Products, et at (U.S. District Court, Oregon) (filed April 27, 1993). ETS/IAQ LITIGATION NOT INVOL\!I'NG CIGARETTE MANUFACTURERS WORKPLACE: CLEAN INDOOR AIR ACT [23] Pechan v. I)ynapro, Inc., 1993 Ill. App. LEXI!S 1598 (Appellate Court, Second District, Illinois) (decided October 19, 1993) An appellate court has determined that a nonsmoking employee who claimed she had been injured by 9 exposure to ETS and discriminated against for complain- ing about ETS may pursue her discrimination claim against her former employer. In so ruling, the court affirmed the dismissal of the personal injury claims (battery and common law and statutory negligence) made by the plaintiff and determined that she could not seek an injunction to ban smoking at her former place of employ- ment. Further details about the case appear in issue 32 of this Report, October 6, 1992: The court found that the Illinois Clean Indoor Air Act (Act) ~ permits a private cause of action for damages in the event that someone is discriminated against because of the exercise of any right thereunder. Plain- tiff Pamela Pechan, the former office managerof Dynapro, Inc., alleged that her employer, in retaliation for her complaints andl legal action regarding the office smoking policy, discriminated~ against her by (i) removing property from her office without her con- sent, (ii) preventing her from performing her usual tasks, and (iii) assigning her to menial tasks. The court found that there was a genuine issue of material fact as to whether she had been reassigned to different tasks as a result of exercising her rights under the Act. In ruling on Pechan's battery charge, the court stated, "[w]e wish to clarify that we are not holding that one can never be battered by second-hand smoke. We hold' that the facts allcged in this case do not give rise to a battery." The courn also~ruled that the alleged injuries arose out of and in the course of employmenn and thus, that the Workers' Compensation Act provided the exclusive remedy for Pechan's negligence claims. Because Pechan1ad delayed seeking a jury trial, the court remanded the case to the trial court for decision. WORKPLt1CE: IAQ [24] Bahura v. SEW Investors (Superior Court, District of Columbia) (filed September 14, 1990) Trial commenced on October 25, 1993. Following jury selection and opening,statements, Superior Court Judge Rufus King, III, citing other court business, put the trial on hold until November 8, 1993. The triali is expected to last five or six weeks. The case involves employees who have sued various parties involved in renovating the EPA's headquarters

10 in Washington, D.C. Plaintiffs allege health problems due to poor indoor air, qquality. CHILD CUSTODY' [25]' Masone v. Tanner (Superior Court, Sacramento, California) (Temporary custody order entered October 13, 1993) During the week of October 25, 1993, the parties in this action appeared on the OPRAHtalk show as well as CNN's Sonya Live to discuss this ongoing custody suit. See issue 58 of this Report, October 22, 1993. Susan Tanner, the mother of the child, has said the court's temporary order awarding custody to the paternal grandmother did not specifically discuss smoking. Rather, she claims the child was removed by the court because she was being used as a"pawn°' in this "war between the parents." She also claims that childi abuse accusations have been levied! against her ex- husband, Steve Masone, and that he was previously allowed only visitation that was supervised. Tanner continues to claim she does not smoke in the home or car and that the custody issue involves far more than the issue of smoking. See CNN Sonya Live, October 26, 1993, and OPRAH, October 28, 1993. GRADUATE SCHOOL FaPOSURE [261 Beckman v. New York City School of Visual Arts (Ui.S. District Court, New York) (filed January 16, 1992)On October 15, 1993, following ten months of inactivity in this case, the court entered an order placing the case on the suspense docket. The case involves a daim~ by Melissa Beckman that she had to take a medical leave of absence from the graduate school because ETS exposure allegedly caused her to suffer "repeated blackouts, frequent vomiting, high fevers, infections, weight gain, mood swings and other physical and emotional, trauma." Beckman has re- quested $5 million in actual damages, $5 million in punitive damages, and an injunction to eliminate smoke in the school. ETS/IAQ REPORT, ISSUE 59 PRISONER CASE [27] Graham v. Gunter, 1993 WL 432565 (U.S. Court of Appeals, Tenth Circuit) (decided October 27, 1993) (unpublished' opinion)' The Tenth Circuit Court of Appeals has determined that a state prison inmate complaining of ETS expo- sure has sufficiently alleged personal participation of the defendants in violating his rights to remand the case for further proceedings. In his pro se complaint, Harold Graham alleged that he had breathing prob- lems and was being housed~ with a smoking inmate. He later amended the complaint to state that "Defen- dants have committed battery upon this peti>:ioner [by] exposing petitioner to toxic fumes and vapors," The appellate court concluded that this was an allegation that each and every named defendant "willfully forced'Mr. Graham to be exposed to envi- ronmental tobacco smoke." The court ordered the district court: to allow service on the defendants, LEGAL ISSUES AND DEVELOPMENTS [28] "`You've Come a Long Way, Smokers': North Carolina Preserves the Employee's Right to Smoke Off the Job in General Statutes Section 95-28.2," L.L. Frye, North Carolina Law Review, September 1993' This article discusses privacy legislation enacted in North Carolina, which protects from employment discrimination those employees wholaw-fully use lawful products during nonworking hours off the employer's premises. The author examines other similar legislation, sets forth~ the legislative history of the statute, and speculates about which provisions are likely to give rise to litigation owing to those few employers who may be inclined to discriminate against smokers to test the scope of the legislation. Concluding that the statute is a "well-balanced piece of legislation because it; preserves employee privacy and liberty to a reasonable degree„while permitting employ- ers to limirthose freedoms in situations where employee protection would be inequitable or impracticaL" the author acknowledges that her analysis rests on the premise that employers should not be free to fire or not hire someone for reasons unrelated to job performance.. 2024'7();~61 `1

NOVEMBER 5, 1993 [29] New York Attorney Advises Employers to Ban Smoking New York attorney Richard Corenthal has reportedly written an article appearing in a New York State Bar Association newsletter which advises employers to ad'opt and implement smoking bans in the workplace to avoid potential lawsuits and workers' compensation claims.. Evidently, Corenthal' discusses the EPA Risk Assessment on ETS an& predicts that it will result in an increase in the number of claims and' lawsuits filed by employees alleging ETS-related injuries or illnesses. The artide also reportedly considers OSHA activitywith regard to workplace smoking. Corenthal acknowledges that OSHA is having "great difficulry" in establishing,a thresh- old finding of significant risk to health or safety before promulgating standards andispeculates that an ETS rulemaking process will be quite lengthy. See Occupational Safety ut ' Health Reporter, October 27, 1991 [30] Health Association Considers ETS Issues at Annual Meeting The EPA Risk Assessment on ETS was highlighted during several presentations made at the American Public Health Association's annual meeting held Octo- ber 24-28, 1993. A representative of the EPA told those attending the meeting that although EPA has no regula- tory authority over ETS, the ETS risk assessment was undertaken because of a gap in control programs per- ceived! by the EPA. She described the policy implications of the ETS risk assessment in terms of a wave of smoking controll regulations„ an increase in state and local' government regulations, increased liability of building,owners and employers for alleged injuries to their employees from ETS, and an increase in voluntary smoking restrictions in private buildings. The EPA is apparently continuing to develop a smoking policy guide which is due to be released sometime in 1994. Kathleen Scheg of ASH discussed the ETS risk assess- ment during,her presentation and'suggested that it had important ramifications in eliminating smoking,from the workplace, increasing the incidence of smoke-free public places, bringing,smoking issues into child custody suits, and litigating discrimination claims against employers under the Americans with Disabilities Act. Scheg,also spoke of ASH's petitions and' lawsuit against OSHA and 11 informed meeting,participants that ASH is making partially completed OSHA complaint forms available to those wishing to complain about workplace smoking policies. Scheg also suggested that cigarette companies may be held liable under the civil RICO statute for inciting smokers to respond violently to nonsmokers who attempt to enforce their rights: Stanton Glantz, who was attending the meeting, stated that he was conduct- ing a study of smokers' rights literature with a linguist to determine whether the tobacco industry is purposely using language that is calculated to incite violent action by smokers. He alko noted that California:will be releasing a risk assessment this year that purports to be the world's first comprehensive risk assessment ad'dress- ing ETS and'all health endpoints. Literature available to meeting participants included a brochure published by the U.S. Department of Health and~ Human Services and the Centers for Disease Prevention and Control entitled "Secondhand Smoke, Environmental Tobacco Smoke, Passive Smoke, Call it What You Like - It's Poison." The document cites the ETS risk assessment and urges nonsmokers to insist upon a smoke-free environment. See BNA Daily I;abor Repon,,October 27, 1993. OTHER DEV'ELOPIv1ENTS. [31] New Glantz Study Reports No Loss of Business to Smoke-free Restaurants. A study of the economic consequences of smokingg bans in restaurants was released on October 28; 1993, during the annual meeting of the American Public Health Association. According to the study, restaurants in cities with nonsmoking ordinances arc not losing business to neighboring communities that do allow diners to smoke in restaurants. The study, sponsored by the University of California, San Francisco, and conducted by Stanton Glantz and Lisa: Smith, purportedly used quarterl}' sales tax data obtained from the California State Board of Equaliza- tion. Press reports indicate that besides 10 California cities, 3 in Colorado were also studied: The 13 cities aresaid to be the first in the country to ban smoking in restaurants. The study also reportedly looked at

12 restaurant business in 13 control cities which have no smoking restrictions. Press reports indicate that based'on the study resulis,. Glantz says he is advising legislators and government officials that they "can enact such health and'safery requirements to protect patrons and employees in restaurants from the toxins in secondhand tobacco smoke without the fear of adverse economic conse- quences." The study was apparently funded by the Cigarette and Tobacco Surtax Fund of California. See Business Wire, October 27, 1993. [32] U.S. Navy Announces Uniform Smoking Restrictions Uniform smoking,regulations inside ships, aircraft vehicles and buildings will take effect at all Navy and Marine Corps commands on January 1, 1994, accord- ing to media reports. Under the new regulations, commanders will be required to provide at least one smoking area on each ship, but generally speaking, smoking will be prohibited in all work and living areas. Currently, Navy smoking regulations are left to the discretion of the commanding officer of each ship. Some commanders had prohibited on-board smoking altogether. On the smoke-free aircraft carrier USS Theodore Roosevelt, there apparently have been reports of a black market in cigarettes and4 crewmen~ smoking in hiding places. A Navy spokesman denied that those reports are related to the new regulations. The Navy reportedly has set a goal to become smoke- free by the year 2000. See The San Diego Union- Tribune, October 28, 1993'; Chicago Tribune, October 24, 1993: MEDIA COVERAGE [33] "Cabin Fevers," A. Landi, Frequent Flyer, November 1993 This articl'e discusses the issue of the spread of infectious diseases aboard aircraft due to a decrease in the amount of fresh air circulated in airline cabins since the energy shortages of the 1970s. The author quotes industry representatives who claim that the air on airplanes is well-frltered and healthy, but she also ETS/IAQ Ri.PORT, ISSUE 59 observes that dirty air filters have been known to cause nausea and headaches in passengers, A Department of Transportation study conducted in 1989 reportedly found that declared bacteria levels in airline cabins are safe, although carbon dioxide builds up to more than four times typical ground-level concentrations. The article also addresses other aircraft IAQ problems, induding radiation exposure, low humidity and dehydration. The author concludes, "if you're sick, especiallywith a contagious illness, use common sense: For your own comfort and the sake of other passengers, don't fly until you~get betten°' [34] "Curing 'Sick Building Syndrome,'" G. Krieger,. R Greenway and S. Sodersten, Elements, 1993 This artide discusses probable causes of poor IAQ and makes common sense suggestions for investigating and ameliorating IAQcomplaints. The major focus of the article is ventilations but the authors also discuss source control and recommend banning smoking or designating smoking areas with separate ventilation systems. SCIENTIFIC/TECHNICAL ITEMS UPCOMING SCIENTIFIC MEETINGS [35]' Bugs, Mold & Rot II: Control of Humidity for Health, Artifacts and' Buildings,,Alexandria, Virginia, November 16-17, 1993 The Building Environment and Thermal Envelope Council, described' as "an~ organization commirted to promoting cooperation between the public and private sectors of the building community," is sponsoring,this two-day symposium on issues related~ to indoor humidity. In addition to covering such topics as control of microbiological contaminants, building design solutions„and effective ventilation, conference participants will "[f]ormulate new proposed indoor humidity control guidelines that enhance occupant health, building,life and energy conservation," accord- ing to the conference program, The conference also indudes a session called "Washington Update," for which Kevin Teichman (U.S. EPA), Charles Adkins (OSHA),,and Andrew Persily (National Institute of Standards and Technology) are scheduled speakers. C

NOVEMBER 5, 1993 LUNG CANCER [36]' "Previous Cancer and Radiotherapy as Risk Factors for Lung Cancer in Lifetime Nonsmok- ers," G.C. Kabat, Cancer Causes and'Control4: 489-495, 1993: [See Appendix A]'A case-control study of lung cancer M nonsmokers is the source of the data reported in this paper. The author indicates that "a detailed history of exposure to environmental tobacco smoke"'was taken for study participants, but does not present risk estimates for ETS exposure. The results for women reported in this paper suggest lung cancer risks in the range of 4.0 to 5.0 for a history of reproductive cancer and a history of radiotherapy; the author compares the magnitude of these risks to a summary risk reported elsewhere for ETS exposure of 1.341 [37] "Incidence of Cancer Among Male Waiters and Cooks: Two Norwegian Cohorts,"'K Kjaerheim and A. Andersen, Cancer Causes and Control4: 419-426, 1993 [See Appendix A]' The authors of this study report finding excess risk of "alcohol-related" cancers among cooks and waiters, and an excess of lung cancer among waiters. They attribute their findings to alcohol consumption ~ and tobacco smoking, but also invoke ETS exposure as a "possible explanation" of the reported difference in lung cancer risk, stating that waiters are more heavily exposed to ETS than are most other occupational groups. OTHER HEALTH ISSUES [38] "Complex Mixtures of Tobacco Smoke and the Occupational Environment," D,IVI.. Aviado. In: Patty s IndustrialHygiene and Toxicology (Fourth Edition, Volume 2, Part A) L G.D. Clayton and F.E. Clayton (eds.): John Wiley and Sons, 107-148, 1993 [See Appendix A] In this extensive review, the author examines the methods for developing workplace standards employed by several agencies, and reviews the available data on workplace ETS exposure and reports of chronic disease (lung and other cancers, respiratory tract diseases, and heart disease). He condudes that data on household ETS exposure and claimed associations between spousal smoking and disease cannot be extrapolated to the workplace. 13 [39] "Nicotine Exposure and the Risk of SIDS," J. Milerad and H. Sundell, Acta Paediatrica (Suppl.) 389:' 70-72, 1993 [See Appendix A] The authors of this paper review data and present new data on nicotine exposure in infants. They conclude thatt nicotine exposure and parental smoking,"link ... seemingly independent observations" about SIDS. ETS EXPOSURE AND MONITORING [40] "Relevance of Nicotine Content of Common Vegetables to the Identification of Passive Tobacco Smokers," E.F. Domino, E. Hornbach, and T. Demana, Medical Science Research 21: 571-572, 1993 [See Appendix A] The authors of this paper present results of their analyses of the nicotine content of several common food'~ items. They suggest that nicotine consumed in food can produce low levels of cotinine in body fluids, and could' affect the accuracy of a "background correction"' for ETS exposure, such~as was used in the EPA Risk Assessment on ETS. Ser Issue 54 of this Report for a letter to the editor by these authors on the same topic. INDOOR AIR QUALITY [41] "Is It Time to Change the Terminolo&v of Sick Building Syndromc?"' B. Jarvholm, Indoor Envi- ronment2: 186-188, 1993 [See Appendix A] In~ this opinion piece, the author suggests that the term "sick building syndrome" should be avoided when discussing health claims apparently related to occupancy of a building, noting that, as an endpoint, SBS is vaguelydeftned and of unknown etiology. [',42] "New Approaches for the Determination of Ventilation Rates: The Role of Sensory Percep- tion," M.V. Jokl, G.B. Lesliie, and LS. Levy, ~. Indoor Environment 2: 143-148, 1993 [See Appendix A]: ~ ~ The authors of this paper compare ASHRAE Stan- ~ dard 62-1989 and a recent Commission of the Euro- ~ pean Communities report that proposed using,per- ~ ceived sensory pollution in determining necessary ~ ventilation rates. They conclude that the ASHRAE ~

14 Standard is a"pragrnatic, sensible and practical" alternative to the use of sensory perception. [43]1 "Status of ASHRAE Standard 62 - Ventilation for Acceptable Indoor Air Quality," W.G. Tucker, Proceedings of Indoor Air `93 3: 525- 530, 1993 [See Appendix A] The chairman of ASHRAE Committee SSPC62, which is reviewing ASHRAE Standard 62-1989, reports in this article on developments in the review process through January 1993. IN EUROPE & AROUND THE WORLD REGULATORY AND LEGISLATIVE MATTERS AUSTRALIA [44] New Advertising Campaign Launched by NSW Health Minister The Health Minister of New South Wales (NSW) has launched an advertisingcampaign! claimingthat nonsmokers can "inhale up to 6 cigarettes a day" by exposure to other people's smoking. The campaign also inchides a fictional brand of cigarettes called "Other People's Smokes", identified as the only brand of tobacco legally available to babies andchildren. The campaign includes a series of television and radio commercials. The Health IVlinisteralso supports a proposal to prohibit smoking in the NSW Parliament. See Tele- graph Mirror and Illnwarra Mercury, October 25, 1993. [I45] Antismoking Group Places ETS Advertisement The Australian government-funded organization Quit has placed an advertisement in the October 115, 1993, Sydney Morning Herald seeking,responses from indi- viduals who are exposed to ETS and purportedly suffer from chronic respiratory conditions. The adverr.isement- states,"ATTENTION: Are you or your children exposed to smoky environments? Do you or your children suffer from persistent coughing, wheezing or ETSlIAQ REPORT„ISSUE 59 asthma? We want to hear fromyou," and gives a phone number. Quit is responsible for promoting nonsmok- ing among Australians. H UN GARY [46] Smoking Ban Proposal Fails to Pass in Budapest A proposal to restrict smoking in public places reportedly failed to pass the assembly of Budapest's local council. Officials apparently decided that such legislation ~ should originate from the mayor's office. The mayor is expected to submit a proposal by Decem- ber 1, 1993'. See Budapest Week, October 7-13, 1993. MALAYSIA [47] More Public Areas to be Designated Nonsmoking Malaysian press reports indicate that the Health Minister has announced that more public places will be designated as nonsmoking areas under smoking restrictions to be imposed in May 1994. Entertainment centres, hospitals, cinemas and public transport vehicles will be affected by the regulations. SecBusiness TimesMalaysia, October 15, 1993. UNITED~ KINGDOM [48] Office of Population and Censuses to Investigate Parental Smoking According to a news report, the Office of Population Censuses and Surveys will investigate the claimed effects of exposure to parental smokingon 3,000 childrenL The children will be asked questions about: ETS and will undergo a saliva test for traces of cotinine. See The Independent, October 18, 1993. LEGAL ISSUES AND DEVELOPMENTS UNITED KINGDOM [49] "The Effect of Implementation of Non-smoking Policies in the Workplace: An Update on the Law," L. Goldman, Addiction, 1993 This editorial! discusses developments in the law in recent years regarding smoking policies and options in workplaces around the world. The author cites the EPA Risk Assessment on ETS and the 1988 European Commission Resolution proposing that member states

NOVEMBER 5, 1993 ban smoking,in public places and workplaces. The tenor of the editorial indicates that the author is disappointed with the sluggish legislative response to such developments. In the absence of government proscriptions, the author suggests that employers institute smoking bans to avoid legal liability. She recommends consultation with employees to avoid a judicial declaration that the employer has instituted an unreasonable changed in working conditions. OTHER DEVELOPMENTS FRANCE [50] Surveys Report French Attitudes About ETS According to a poll carried out in: conjunction with Europe Against Cancer Week last month, approxi- mately 79'percent of the French people responding to the survey think ETS poses a risk to health. See Le Figaro Economique, October 13, 1993. Nevertheless, an unrelated survey carried out by the French CDIT (Centre de documentation cc d'information, sur le tabac)'reports that 71 percent of the French believe that smokers and' nonsmokers should settle their disputes among themselves. See Le Soir, October 29, 1993. UNITED KINGDOM [51] Smokers Fired for Smoking on Factory Roof According to a press report, two smokers were fired for smoking in the open air on the roof of a candy factory: The food factory reportedly has a strict nonsmoking policy, and the employees were "sacked~ for gross miscon- duct." Sce The Daily Mai4 October 26, 1993. 15 MEDIA COVERAGE UNITED KINGDOM [52]I "Bang Goes That Freedom," B. Levin, The Times, October 19, 1993 This article, written~by a nonsmoker, discusses an unidentified incident in the United States in which a smoker was purportedly shot and killed in a Los Angeles restaurant for lighting a cigarette. The author questions government and social' policies that have become extraordinary for their "incivility, ferocity and' mendacity" with respect to smokers. Asking "Is there not in the world enough ~ hatred, poverty, famine, ugliness, incurable disease, misery, crime, deformity and a thousand more afflictions to which we could address ourselves in the hope of ameliorating some of them, that we fasten on this one,, and this one alone?," the author fears that we willlone day be living,in "a kind of cleansed Brave New World, living,in an entirelyartificialiantiseptic atmosphere, with everything that can be touched gleaming from its perpetual washings."