Tobacco Documents Online

6 In the Florida Legislature, a bill that would require the Department of Management Services to evalu- ate and develop programs to improve indoor air quality in state buildings was prefiled on November 17, 1993 (H.B. 251). Further information about the measure was not immediately available. • Maryland. Although Secretary of Licensing and Regulation William Fogle, Jr., has withdrawn his abrupt proposal to adopt an emergency temporary standard to ban smoking in virtually every work- place in the state, rulemaking on a similar proposal has been initiated andlwill be subject to comment at public hearings on December 9, 1993, in Crownville, and on December 16{ 1993,, in Frederick. The proposed regulation would simply require that employers ensure that employees, while in the workplace, do not smoke. Public comment is being accepted on the proposal. Fogle was reportedly prompted to undertake his initiative after three maintenance workers were killed when a match used to light a cigar ignited solvent that was being used to strip a gymnasium floor in a Baltimore school. Fogle has also justified the measure on the basis of Maryland's alleged high cancer rate, which he attributes in part to ETS exposure. If an emergency regulation had been adopted, the Legislature's Joint Committee on Administrative, Executive and Legislative Review would have had the power to veto the proposal. This committee cannot, however, veto regulations that und'ergo the usual regulatory process, which~has now been launched. The Senate chair of the joint committee has reportedly indicated that the committee may stillhold a hearing on the proposaland request changes. According to a press report, similar measures introduced in the General Assembly over the past three years have been unsuccessfui.. Public reactionto the regulatory proposal hass apparently been mixed. A spokesperson for Gover- nor ponaM Schaefer (D) said the governor "is not yet ready to embrace this proposal." See Baltimore Morning Sun, October 29, 30 and November 4, 1993; The Washington Times, November 5, 1993. • Washington. The Department of Labor and Iind!ustries has been considering rules on indoor air quality for the past two years. In December 1993, ETSLIAQ REPORT, ISSUE 60 public hearings will be held throughout the state to consider its latest proposal for IAQ occupational health standards. Chapter 296-62 WAC. Under the proposal, which includes comprehensive provisions on ventilation, smoking in the workplace would be restricte& to separately ventilated~ "smoking break rooms." An appendix with information about organizations offering smoking cessation informa- tion and programs is included. The proposed standards, if adopted, will i become effective for employers with Mor more office employ- ees on.September 1, 1994. Employers with less than 20 employees would have to comply by March 1, 1995. The same "phased in" schedule applies to building,owners having controllover ofhice work environments with the same numbers of workers. Public hearings have been scheduled for December 7, 8'and 9, 1993, in six different cities. Written comments are also being accepted. Joseph Dear,,the former secretary of the Department was recently confirmed as assistant secretary of labor in charge of U.S. OSHA. • Priuary Legislation. "Privacy legislation," i.e., statutes that protect workers who smoke off the job or, more generally, use legal' products or engage in legal activities outside the workplace, have been contested'recently in these states, none of whi& has adopted such a proposal. Measures that would have protected! smokers from job discrimination were defeated in 1992 andJor 1993 in all four states. (15] State Attorneys General Seek Fast~Food Rcstau- rant Smoking Ban Relying heavily on the EPA Risk Assessment on ETS, attorneys general from 15 states have prepared a report that calls upon fast-food~ restaurants to voluntarily ban smoking to protect young customers and workers. The report,,entitled "Fast Food, Growing Children and~ Passive Smoke: A Dangerous Menu," was signed by the attorneys general of Arizona, Connecticut, Idaho, Iowa, Massachusetts, Minnesota, Mississippi, New Mexico, New York, Oklahoma, Oregon, Texas, Utah,. Vermont and Wisconsin, along with the Hawaii Office of Consumer Protection. A copy of the report is attached as Appendix C.

) NOVEMBER 19, 1993 Spokespersons for the fast-food restaurants reportedly stated that it is up to state legislatures, expressing the will1 of the people, to pass laws on such issues. See Associated Press, UPI and Reuters, November 8, 1993; TheDallasMorningNews, November 9, 1993. [16] Privacy Legislation A bill that would prohibit employers from requiring workers to refrain, from, or engage in, any legal behav- ior while off the job was introduced in the Michigan Senate on October, 20, 1993 (S. 904). During 1993, privacy legislation has been enacted' inn two jurisdictions, Montana and the District of Colum- bia, and amended in North Dakota. According to information from The Tobacco Institute, such legisla- tion has beenidefeated this year in 14'states (Alabama, Alaska,Arizona„California, Delaware, Florida, Geor- gia, Hawaii, Idaho, Iowa, Kansas, Nebraska, Virginia and Washington): The defeat in Virginia was by veto. Privacy legislation currently is pending in five states: Illlnois, Massachusetts, Michigan, Ohio and Pennsylvania. Currently, 29 states and the District of Columbia prohibit employment discrimination based on lawful off the-job activities, which activities specifically or necessarily include the use of tobacco products. The 29 states are as follows: Arizona Colorado Connecticut Illinois Indiana Kentucky Louisiana Maine Minnesota Mississippi Missouri Montana Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Oklahoma Oregon Rhode Island South Carolina South Dakota Tennessee Virginia West, Virginia Wisconsin Wyoming Delaware adopted a similar directive by executive order in 1989: [17] Other ETS-Related State and Local Legislation •Local Governments in California Ojai. On November 23, 1993, the City Council is scheduled to vote on a proposed ordinance that would prohibit smoking in a number of outdoor locations, 7 including restaurant dining patios and city parks. According to a newspaper report, the council has indicated it will support the measure. See Los Angeles Times; November 11, 1993. Santa Clara. On November 9, 1993, the City Council directed staffers to draw up a proposed ordinance that would prohibit smoking in virtually all indoor public places, including private businesses, restaurants and bars. The council reportedly is expected to vote on the proposal in early or mid- December. See The San Francisco Chronicle, November 11, 1993. Santa Monica. The City Council has passed an ordi- nance that prohibits smoking in restaurant dining areas but permits it in restaurant bars. An eff'on by two council members to prohibit outdoor smoking om restaurant patios reportedly failed by a vote of 5-2'. See LosAngeles Times, November 4, 1993. Ventura County. On November 16, 1993, the Board of Supervisors unanimously approved a smoking restriction ordinance affecting unincorporated areas of the county. The ordinance prohibits indoor smoking in virtually all public plaees except bars and tobacco shops. According to a newspaper artide, the prohibition against smoking indudes patrons of private parry rooms and actors smoking,on stage. The law will take effect on Valentine's Day, February 14, 1994. See Los Angeles Times, November 17,1993. Westlake Village. By unanimous vote, the City Council has approved an ordinance that reportedly prohibits indoor smoking in almost all places except restaurant bar areas that are separately ventilated, smoking,rooms in hotels, private residences, clubs and some commer- cial establishments. The council's vote came on November 11, 1993. It was reported that "not a single person spoke against the issue at, a public hearing." See Los Angelrs Times, November 12, 1993. •Hawaii The state's Office of Consumer Protection reportedly is asking for public comment on a preliminary report recommending that smoking be prohibited at Fast-food restaurants. See USA Today,, November 9, 1993. Hawaii's director of consumer protection is a ccrsponsor, along with 14' other attorneys general of the report entitled, "Fast Food, Growing Children and Passive Smoke: A Danger- ous Menu." See Appendix C of this Report.

8 •Local! Government in Missouri St. CharLes County. The County Council has overrid- den the County Executive's veto of an ordinance banning smoking in county government buildings. The law takes effect December 6, 1993. Penalties for violating the measure reportedly include up to one yearr in jail and a$1,000 fine. According to a newspaper anicle, crimes with comparable penalties include third-degree assault, theft of cable television service, use or possession of drug paraphernalia and littering. See St: Louis Post Dispatch, November 11, 1993. ETS-RELATED LITIGATION AGAINST CIGARETTE MANUFACTURERS [18] Arabie. Third Smoking and Health Case with Brief ETS Allegation Filed in Louisiana On October 5, 1993, George Covert filed a third smoking andhealth case with an allegation made in passing that the plaintiff, Clifton Arabie, was harmed by exposure to environmental tobacco smoke in addition too smoking cigarettes. American, Liggett and RJ. Reynolds are the tobacco defendants in the case, filed in~the District Court of Jefferson Parish, Louisiana. Mr. Covert's three most recent cases, Arabie, Chustz and Cornealius Willia»u, have contained an ETS allegation that was not the focus of the case. Arabie v. R_J.Reynolrl.s Tobacco Co., et al. (District Court, Jefferson Parish, Louisiana)' (filed October 5, 1993). [19] Broin: More Depositions of Senior Executives Noticed; Defendants to Begin Depositions of Plaintiffs On November 5, 1993, plaintiffs served notices for additional depositions of executives of various defen- dants. Dr. James Glenn, President of the Council for Tobacco Research, is to be deposed on November 29. Arthur Stevens, Vice President and General'. Counsel of Lorillard Tobacco Co. (but noticed due to his capacity as a director of CTR), is to be deposed on December 3. Laurence Tisch, co-CEO of Loews Corporation, is to be deposed on December 6„ as is Ellen Merlo, an official of Philip Morris Incorporated's Government Affairs Department. Dr. Harmon McAllister, CTR's Scientific Director, and Dr. David Stone, CTR's. Associate Research Director, are both to be deposed on ETS/IAQ REPORT„ ISSUE 60 December 7. Preston Robert Tisch, co-CEO of Loews Corporation, is to be deposed on December 9. Bennett Lebow of Liggett Group was deposed by plaintiffs on November 5. Plaintiffs are still scheduled to depose four representatives of The Tobacco Institute - Samuel Chikote, Walker Merryman, Brennan Dawson and Thomas Lauria - on November 18-19: Defendants have noticed two of the plaintiffs for deposition on November 30-December 2. Plaintiff Valerie Gibson is to be deposed on November 30 and the morning of December 1; plaintiff Patricia Crittenden is to be deposed on the afternoon of December I and on December 2. Plaintiffs' counselihas informed defendants that plaintiff Gary Hayes will voluntarily dismiss his claim. An order of dismissal has not been entered. At issue in this case are the claims of 28 flight atten- dants allegedly 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 attenr dants. Plaintiffs' dass action allegations have been dismissed by the trial court; plaintiffs' appeal of that dismissal is pending in the Florida Court of Appeal. Inj uries 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 boardaircrak 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 enti- ties), UST, Inc., United States Tobacco Company,, Dosal Tobacco Corp., the Council for Tobacco Re- search, The Tobacco Institute, and three trade associa- tions. Broin, etal., v. Philip 11'forris, et al (Circuit Court,. Dade County, Florida) (filed October 31, 1991): [20] Butler. Argument Scheduled' on Defendants' Motion for Summary Judgment The hearing on defendants' motion for partial summary judgment will be held on December 13, 1993. Defendants seek summary judgment on plain- tiffs' failure to warn and concealment claims based on preemption and on plaintiffs' remaining claims (except for design defect) based on state 1aw grounds.

NOVEMBER 19, 1993 Im other activity, defendants deposed several fact witnesses on November 1'6-17. 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. RJ.Reynolds Tobacco Company, et aL (Circuit Court, Hinds County, Mississippi) (filed October 21, 1992). [21] Dunn: Argument to be Held on Defendants' Various Motions Argument is scheduled for December 2, 1993, on defendants' various motions. Argument will be heard om the motion to transfer venue from the Circuit Court of Delaware County, Indiana, to the Circuit Court of Grant County, Indiana, that was filed jointly by the cigarette manufacturing defendants, The Tobacco Institute and' the Council for Tobacco Research, and on the separate motions to dismiss for lack of personal jurisdiction that were filed' by the holding company defendants, American Brands, Loews Corp. and RJR Nabisco Holdings Corp.. Plaintiffs in this case contend that Mildred 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- tium 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) (filtd May 2$;1993). ETSIIAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS AMERICANS WITH DISABILITIES ACT (ADA,). [22] Peterson v. Burger King (U.S. District Court, Utah) (filed November 3, 1993) A 44-year-old' man who allegedly suffers from "lung disease" has apparentNy filed a complaint under the ADA against ten Salt Lake City area restaurants and two bowling alleys, claiming that they have denied him 9 equal access by allowing ETS to drift into nonsmoking areas. Among those named as defendants are Burger King, Blimpie Sandwiches, and the Belgian Waffle and Omelet I'nn, Plaintiff Calvin Peterson is not apparently seeking a complete smoking ban as an accommodation of his alleged disability, but he is requesting smoke-free access and eating areas. Peterson is reportedly being repre- sented by attorney Kate Toomey. The Burger King outlet named in the litigation reportedly banned smoking beginning November 11, 1993, and a spokesperson for Blimpie Sandwiches has indicated that it may ban smoking as well. The Utah legislature rejected a measure during its last session, that would have banned smoking in public buildings that do not have smoking rooms with separate ventilation. According to a state senator, a new proposal to ban smoking will be introducedin 11994. SeeAssociaud Press, November 4, 1993. [23] Antismoking Activists Seek Airport Smoking Ban Vivian Dietemann of St. Louis has reportedNy filed'i a complaint against St. Louis and St. Louis County under the ADA seeking to impose a complete smoking ban at the Lambert Field airport. Dietemann, who was joined in the action by flight attendant Patricia Young of Dallas, who alleges that she has asthma and cannot use Lamben Field because she is sensitive to ETS. According to a press report, the St. Louis County Council this year rejected a proposal to confine smoking at Lambert Field to rooms with separate ventilation. Smoking is, however, apparently restricted to bars and restaurants and nine other designated areas. Young is a named plaintiff in Broin: See St. Louis Post Dispatch, November 9, 1993: CH1LD CUSTODY [24] Thomas v. Harrrs No. 86-4043-CA (Circuit Court, Duval County, Florida) (temporary custody award'ed November 4, 1993) According to press reports, a circuit court judge has temporarily removed a seven-year-old asthmatic child from the custody of his mother allegedly to protect him from ETS exposure. Although the mother, Nora Kirkpatrick (formerly Nora Thomas), reportedly does

10 not smoke, her new husband and his mother do smoke. According to Kirkpatrick's attorney, the child's stepfather and'stepgrandmother do not smoke in the child's presence, and the child's health has been unchanged while living with his mother. The judge who made the award is a former smoker. After enteringthe temporary custody order, the judge was quoted as saying, "Secondhand smoke is killing children and impacting their health, and I think it's time for the courts of this country to help these children." An appeal was filed in the case on Novem- ber 5. See United Press International and Associated Press, November 6, 1993. An appeal was filed in the case on November 5. On November 8, Nora Kirkpatrick moved to disqualify the trial judge, alleging bias and prejudice. According to the motion, no allegation relating to smoking appeared in the motion for temporary custody that was sched- uled for hearing on November 1, yet the court -- with no prior notice to the mother -- limited the testimony during the hearing to the subject of smoking. CHALLENGES TO SMOKING POLICIES [25] St. I'ierre, et aL v. Solnir, 1993 Conn. Super. LMS 2814 (Superior Court, Hartford-New Britain Judicial District, Connecticut) (decided October 21, 1993) A number of patients and residents of a mental health facility filed a complaint against the commissioner of the Connecticut Department of Mental Health seeking to enjoin the enforcement of a new smoking policy which restricts smoking to two fifteen-minute breaks each day in designated outdoor areas. The plaintiffs claimed that the policy was enacted in violation of the state's Administrative Procedure Act. Finding that the plaintiffs had failed to exhaust their administrative remedies by first petitioning the defendant for a declaratory ruling, the court granted~ the defendant's motion to dismiss the case. [26] Nursing Home Sues State Over Smoking Policy Order According to a press report, a nursing home near Rochester, New York, filed suit after the state Health Department ordered the home to designate a room in ETS/IAQ REPORT, ISSUE 60 the facility in which residents can smoke. The 72-bed home, Maplewood Nursing Home, which opened in 1947, always prohibited residents from smoking indoors. Five years ago, the facility reportedly banned smoking completely when staff members were prohib- ited from smoking. A state inspector allegedly informed Maplewood this year that it needed a smoking room. The decision of the Health Department was apparently based upon the state's "nursing home residents' bill1of rights." Ac- cording to an, attorney for the Health Department, residents cannot be prohibited from smoking in what is essentially their home. See Associated Press,, Novem- ber 11, 1993. WORKPLACE: COLLECTIVE BARGAINING [27] Government Unions File Unfair Labor Practices Claim According to a press report, unions representing, Bucks County employees fileda complaint with the Pennsylvania Labor Relations Board after county officials unilaterally instituted a smoking ban in all county facilities on March 1, 1993. The previous smoking policy„which permitted smoking,in desig- nated areas„was apparently negotiated during contract talks in late 11990: According to union officials, the change in policy represents a working condition that is subject to negotiation. See Philadelphia Inquirer, November 11, 1993. WORKPLACE: SICK BUILDING SYNDROME [28] Shaw v. Sacramento Capitol Plazsi, et aL, No. BC074625 (Superior Court, Los Angeles County, California) (filed February 11, 1993) Two state employees have sued the owner and operators of the building in which they work, alleging that they are suffering from respiratory and pulmonary symptoms, permanent allergies, chemical low tolerance levels and emotional distress due to sick building syndrome. According to a press report, the parties to the litigation are negotiating over an agreement to transfer the action to Sacramento County, where the building and witnesses are located. See Indoor Pollution Law Report, October 1993.

) ) NOVEMBER 19, 1993 Plaintiffs Sharon Shaw and Mary Howe Hight initially filed the complaint pro se but are now represented by Los Angeles attorney David Rosen. The complaint contains counts of negligence, strict liability, breach of implied warranties of fitness and merchantability, breach of express warranty, fraud and conspiracy. The plaintiffs' allegations include the following: (i) the defendants permitted the building to be occupied without first leaching out all noxious chemicals and substances; (ii) the air conditioning system was not properly balanced; (iii) the defendants permitted the use of materials and substances in ~ construction that offgas formaldehyde and other noxious substances; (iv) the defendants failed to heed reports of sick building syndrome and failed to take precautions to prevent its occurrence; and (v) the defendants misrepresented the condition~of the building as safe and concealed the adverse effects of the materials and substances permit- ted to offgas into the building, According to the plaintiffs' attorney, possible causes of the plaintiffs' health conditions are problems with the building's HVAC system, which permitted~ con. taminants to be recirculate& in the building, and mildew and spores, which developed after a reroofing project. The plaintiffs are seeking general damages, medical and related'expenses, lost earnings and earning capacity, punitive damages and costs of suit. LEGAL ISSUES AND DEVELOPMENTS [29] "Going for Smoke: AG aims to Ban Lighting up at Some Fast-Food Eateries," C. Laciest, The DalJrrs Morning News, November 12, 1993 This article profiles the efforts undertaken by Texas Attorney Genera!' Dan Morales to ban smoking in fast-food restaurants. Morales has brought legal actions against businesses under the state's deceptive trade practices laws, daiming that such 1'aws are violated when designated nonsmoking areas share a ventilation system with designated'~ smoking areas. A number of restaurant representatives are quoted in the article. Although some believe a smoking ban would have no appreciable impact on business, they say that Morales' request that they impose such bans voluntarily would place individual restaurant owners at 11 a disadvantage. The targets of Morales' initiatives, Luby's Cafeteria and' W}iataburger, reportedly com- plain that the issue has political overtones. The article asserts that some 1,500 of 6,000 McDonald's restaurants nationwide are now smoke free, as are 600 of Burger King's 6,000 restaurants. A spokes- person for Burger Kirtg,is quoted as saying that the company has been "getting letters on both sides of the issue." A Hardee's spokesperson states that a smoking policy probably cannot be imposed on franchisees. [30] "Smoking Out the Enemy: New Developments in Tobacco Litigation," R.A. Daynard, Trial, November 1993 This anicle, by the chair of the Tobacco Products Liability Project, discusses developments in the law regarding ETS litigation, among other matters. Rich- ard Daynard addresses the EPA Risk Assessment on ETS, the U! S. Supreme Court decision in H'elling v. MrKinnry, 113 S. Ct. 2475 (1993), and the complaints that have been filed against fast food restaurants under the Americans with Disabilities Act. OTHER DEVELOPMENTS [31], Fast-Food Restaurant Abandons Smoke-Free Experiment A Hardee's restaurant in Danville, Illinois, which opened on Jluly 8, 1993, has reportedly established aa designated smoking area after experimenting with a smoking ban. According to a Hard'ee's marketing manager, public response was split evenly over the ban. Since rescinding the ban, some customers have report- edly expressed'their appreciation of the policy change by visiting the site more frequently. See Gannett News Service, November 12, 1993. [32] i METLIFE Joins ALA Crusade Citing employers' concerns about rising medical costs, along with a continuing focus on wellnesss initiatives in its managed care operations, Metropolitan Life Insurance Company has reportedly introduced a smoking cessation program for members of its affiliated HMOs through a cooperative arrangement with the American Lung Association (ALA). METLIFE says it is

12 introducing the program panially in recognizion of the "importance" of The Great American Smoke Out, "cspecially as it occurs during Child Safety and Protec- tion Month." According to the ALA, in its pamphlet titled Facts About Second-Hand Smoke, "numerous studies involv- ing children ages five to nine showed impaired lung function~ in those who had' smoking parents as com- pared to those whose parents were nonsmokers." See Businesswire, November 10, 1993. [33] Denver Health and' Hospitals Takes First Step to Smoke-Free Campus In an initial effort to make its campus smoke-free, Denver H'ealth and Hospitals willJ restrict smoking to a new building on its main campus. The building,will be located centrally on the campus, and! visitors, patientss and department employees who wish to smoke will be directed to the building. DHH has not yet set a date for installation of the building. Denver public health director, Frank Judson, M.D. reported that the building will be temporary and is the first step toward the ultimate goal of having a smoke-free campus. See Modern Healthcare, October 25, 1993. SCIENTIFICJTECHNICAL ITEMS UPCOMING SCIENTIFIC MEETINGS [34] The National Environmental Tobacco Smoke Conference: "Public Battles, Private Choices," IAQ Publications, Inc., Washington, D.C., December 16-17, 1993 Billed as "the year's premiere national'gathering,"'this conference is scheduled to include speakers from law, government, occupational safety and health, building management, and public interest groups who are "spearheading the national response" to ETS, accord- ing to conference organizers, IAQ Publications, Inc., publishers of IndoorAir Review. The first scheduled session at the conference is "EPA/ OSHA/CDC: Overview and'' Analysis of ETS Pro- grams, Policy, and Activities." Referring to EPA's recent Risk Assessment on ETS, the description of this session states that "senior agency officials" will discuss ETS/iAQ REPORT, ISSUE 60 "what lies in store for the public in the areas of regula- tion, enforcement and research." Individuals sched- uled to speak include Bob Axelrad; Director of EPA's Indoor Air Division, and Michael Eriksen, Director of the CDC's Office on Smoking and Health. An OSHA participant, if any, was not identified in the conference announcement. Three sessions will be devoted to overviews of state and federal ETS legislation. The descriptions of the sessionss on House and Senate activities imply that some action will be fornccoming, e.g., "some observers say it's only a matter of time before the federal government punctuates the smoking debate by mandating restrictions onn smoking in public places." Peter Grannis, a New York State Assemblyman, is listed as a speaker. A session on public interest and private sector initia- tives is introduced in the program by the sentence: "Public awareness of the alleged health1azards of ETS has never been~higher." The description also alludes to ASH's petition for an emergency temporary standard from OSHA. John Banzhaf, Executive Director of ASH, Scott Ballin, Vice President of the American Heart Association, Fran DuMelle, Deputy Managing Director of the American Lung Association, and Ed Sweda, an attorney for the Group Against Smoke Pollution (GASP), are listed as speakers, presumably for this session: Two~sessions are devoted to "ETS Management and Liability" in the workplace and in the restaurant and hospitality industries. The program alleges that work- place smoking "has become the management hot potato of the 1990s," and that for restaurants and hotels to take no action "opens the way for legal nightmares."' Smoking policy options, and "how to avoid costly and! debilitating lawsuits" are scheduled to be discussed. Speakers listed who could potentially contribute to these discussions indude Bill Borwegen, Director of Occupational Health and Safety for the Service Employees International Union, James Dinegar, Vice President of Government and Industry Affairs of the Building Owners and Managers Associa- tion and Bob Harrington„ Director of Technical Services for the National Restaurant Association. Several scheduled speakers have legal backgrounds: Laurence Kirsch, of the Washington, D.C., firm Cadwalader, Wickersham & Ta&; Susan Rosmarin, of the New York firm Thelen, Marin, Johnson & Bridgcs;

) NOVEMBER 19, 1993 and Victor Schwartz, of Crowell & Moring in Wash- ington, D.C. ETS litigation is the focus of two confer- ence sessions, one on "precedents and'prediaions," and the other on plaintiff and defense theories. The program suggests that ETS litigation willn turn from a "slow but steady stream" into a"torrential' flow," creating "massive litigation problems" for the tobacco industry. Strategies for "pursuing)egal action" on, ETS issues, for preventing or defending ETS lawsuits, and using legal means for "preventing ETS problems" may also be discussed. [35] Annual Meeting, Society for Risk Analysis, Savannah, Georgiia, December 5-8, 1993 At its 1993 Annual Meeting, the Society for Risk Analysis is scheduled to address topics in the areas of risk assessment, risk communication, regulatory policy, risk characterization, exposure assessment, and dose-response issues. Some of the specific areas to be covered during the meeting's sessions include risk perception as a basis for communication, the use of biological markers in dose-response assessment, EMF risk communication and management, the "worth" of science in regulatory decisions, consumer product risk assessment, and risk characterization of air pollutants. [36] Liability, Compliance, Insurance and Indoor Air Quality, MidAtlant'ic Environmental Hygiene Resource Center, Philadelphia, Pennsylvania, December 9, 1993 According to an announcement for this course, there is a "potentially broad scope of liability for problems with indoor air quality." Course topics include workers' compensation claims, codes and standards, IAQ insurance, current IAQ bills in Congress, scien- tific evidence and' IAQ litigation, the ADA, and multiple chemical sensitivities. [37]' One Day Overview of Indoor Air Quality, MidAtlantic Environmental Hygiene Resource Center, Philadelphia, Pennsylvania, December 10, 1993 This introductory course is designed for "people who are new to indoor air qualiry," such as human resources personnel, occupational safety and health officers, and 13 risk managers, according to the course announcement. Topics to be covered range from defining "good" IAQ to health effects, productivity, sources of contaminants, HVAC system impact, IAQ investigations, andd remediation strategies. The outline for the course also includes "Implications of recent findings on environ- mental ('second hand') tobacco smoke." [38] 9th World Conference on Tobacco and Health, Paris, France, October 10-14, 1994 This conference, which focuses on smoking cessation and bans, is scheduled to include a round tablp discus- sion on ETS, organized by Rodolfo Saracci, Topics for discussion include the purported'health effects of ETS exposure, European legislation to "protect" nonsmok- ers, and economic implications of controlling smoking in public places. LUNG CANCER [39] "Risk Factors for Lung Cancer in Non-Smokers in Xuanwei County of China," Q. -Lan, W: Chen, H. Chen, and X.-Z. He, Biomedical and Environmental Sciences 6: 112-118, 1993 [ISee Appendix A] This paper reports on a relatively small case-control study of nonsmoking women from a region that has the highest annual lung cancer death rates in China. Previous work in this localiry has investigated the use of "smoky" coal for heating and cooking as a risk factor for lung cancer. In this study,, the authors assess "passive smoking," although specific information about the definition of exposure is lacking, The authors report an adjusted odd's ratio of 1.15 (95 percent CI 0.43-21.82), which is not statistically significant. The authors also report that smoky coal use was associated' with an increased risk of lung cancer, and suggest that the use of rapeseed oil, personal history of chronic bronchitis, family history of lung cancer, short men- strual cycle, and late menopause "may also contribute to the risk of lung cancer." This study brings the number of epidemiologic studies on ETS exposure and lung cancer to approximately 35.

14 RESPIRATORY DISEASES AND CONDITIONS - ADULTS [40] "Passive Cigarette Smoke, Coal Heating, and Respiratory Symptoms of Nonsmoking Women in China," CA. Pope and X Xu, Environmental Nealrh Perspectives 101(4)c 314-315, 1993 [See Appendix A] Anhui Province in China is the site of this study of a cohort of never smoking women. The authors report that respiratory symptom prevalence was increased for women living in homes with both coal heating and resident smokers. While they claim to show a "pro- nounced and statistically significant" effect for ETS and coal heating together, the authors state that the association for ETS alone was "'relativelyweak." [41] "The Prevalence of Inherited and Environmen- tal Factors in Patients with Bronchial Asthma," S. Srcenan, R. Lyons, S. Pathamakanthan, C:K. Power, and'. C.M. Burke, Ches1104(2, Suppl.): 61 S, 1993 [See Appendix A] In this abstract, presented at a meeting of the Ameri- can College of Chest Physicians in October 1993,, the authors report that, in a group of subjects from~ Dublins Ireland, parental smoking during childhood was statistically significantly associated with "ever having wheeze."' Sibling history of asthma was report- edly statistically significantly associated with risk of asthma, and a personal history of allergy was reportedly associated with wheeze. RESPIRATORY DISEASES AND CONDITIONS - CHILDREN [42] "The Associations Between Childhood Asthma and' Atopy, and Parental Asthma, Hay Fever and Smoking," M.A.. Jenkins, J.L Hopper, L.B. Flander, J.B. Carlin, and G.G. Gil'es, Paediatric and Perinatal Epidemiology 7: 67-76, 1993 [See Appendix A] The authors of this study examine data collected 25 years ago on potential risk factors for asthma among Tasmanian children. They report that a history of hay fever, eczema, hives, or certain allergies was associated with a higher prevalence of asthma. The authors also ETS/1AQ REPORT, ISSUE 60 report a statistically signif cant association between maternal smoking and childhood asthma. [43]I "Effects of Acute Passive Smoking on Exercise-Induced Bronchoconstriction in Asthmatic Children," H. Magnussen, B. Lehnigk, M. Oldigs, and R. Jorres, journal of Applied Physiology75(2): 553-558, 1993 [See Appendix A] Thirteen asthmatic children were experimentally exposed to ETS in an exposure chamber in this study conducted by German researchers, The authors report that ETS exposure was related to a decrement in lung function, particularly in "smoke-sensitive" children. However, the decrement was reportedly not greater following exercise. [44] "Effects of Air Pollution on the Respiratory Tract of Children," R. Schmitzberger, K Rhomberg, R. Puchegger, D. Schmitzberger-Ihlatzmer, G. Kemmler, and B. Panosch, Pediatric Pulmonology 15: 68-74,, 1993 [See Appendix A] These Austrian. researchers report that decrements in~ lung, function ~ were associated with living in areas with elevated! levels of airborne pollutants. In addition, the authors examined parental smoking, and report an increased risk of childhood asthma and pulmonary function deficits. They note, however, that "[i) n more polluted areas, there was no additional effect of passive smoking." OTHER HEALTH ISSUES [45] Letters to the Editor Regarding "Relationship of Sudden Infant Death Syndrome to Maternal Smoking During and Aftcr Pregnancy," K.C. Schoendorf and J.L. Kiely, Pediatrics 90(6): 905-908, 1993 Pediatrics recently published three letters concerning the Schoendorf and Kiely study, which was discussed in issuc 37 of this Report. The original study claimed to present data showing that smoking during preg- nancy and infant ETS exposure were associated with an increased risk of SIDS. The authors of the letters were Marc Bulterys and Peter N. Lee. A reply by the authors

) NOVEMBER 19, 1993 of the original study was also published'. The letters appear at Pediatrics 92(3): 505-506, 1993. Bulterys' brief letter comments that the Schoendorf and Kiely study "stronglysupports" the "notion" that maternal smoking is the "single most important prevent- able risk factor" for SIDS, and suggests that "passive tobacco smoking" after birth~ may also show an associa- tion. He goes on to propose that a "critical period" for maternal smoking might be the early weeks of preg- nancy, noting,tliat women who quit often do so only after learning that they are pregnant. Lee writes that Schoendorf and Kiely's "commendable" attempt to separate smoking during and after pregnancy in their analysis contains "certain problems." For example, he suggests that maternal smoking habits could have changed' following,tlie stress of an infant's death. Lee comments that the study did not include a statistical analysis that would examine the possibility of aminde- pendent association with smoking during pregnancy after adjustment for smoking after pregnancy. Lee also suggests that uncontrolled confounders could' affect the reported association, noting that Schoendorf and Kiely only considered marital status, maternal age, and maternal education in their analyses. In their reply, Schoend'orf and Kiely comment that a single study cannot conclusively demonstrate causality, and'state that other studies confirming their reported results are necessary. They indicate that they do not have sufficient data to investigate Bulterys' hypothesis, and defend their choice of potential confounders for indb- siom Schoendorf and Kiely; while stating that further studies with more detailed smoking information are needed, state that "the increased risk of SIDS in the passive exposure group is large enough to warrant concern and consideration." ETS EXPOSURE AND MONITORIN!G. [46] "A Tobacco-Specific Lung Carcinogen in the Urine of Men Exposed to Cigarette Smoke," S.S. Hecht, S.G. Carmdla, S.E. Murphy, S. Akerkar, K.D. Brunnemann, and' D.. Hoffmann, New England Journal of Medicine 329(21); 1543-1546, 1993 [See Appendix A] NNK, a substance reported to experimentally induce lung adenocarcinomas in animals, is reportedly foun& in 15 tobacco smoke. In thi's study, urine samples from nonsmokers experimentally exposed to high concentra cions of sidestream smoke were examined for the presence of NNK and its metabolites. The authors claim that the presence of these substances in their study participants supports the EPA's claim that ETS expo- sure is causally associated with nonsmoker lung cancer. [47] "Preliminary Assessment of Designated Smok- ing Areas for Nonsmoker Exposure to Environ- mental Tobacco Smoke," E.N. Light and R. Gay, presented at Indoor Air Quality'93: Operating and' Maintaining Buildings for Healths Comfort and Productivity, ASHRAE, Philadelphia, Pennsylvania, November 7=10, 1993 ['See Appendix A] The authors of this studyrepon that, in~two build- ings with a:variety of areas designated~for smoking, separately exhausted smoking lounges were "effectively isolated from nonsmokers." Moreover, they report that indicators of ETS were below the limits ofdetec- tion~in areas receiving recirculated~ air from smoking areas and distant from active smoking. [48] "IVlainstream and Sidestream Cigarette Smoke-Induced DNA Adducts in C7B1 and DBA Mice," C.G. Gairola, H. Wu, R.C. Gupta, and J.N. Diana, Environmental Health Perspec- tives 99: 253-255, 1993 [See Appendix A] Based on exposure studies using two strains of mice, the authors of this study condude that mainstream and sidestream cigarette smoke exposure did not induce new DNA lesions, but enhanced existing DNA adducts. SMOKING POLICIES AND RELATED ISSUES [49] "Smoking Control in Restaurants: The Efffective- ness of Self-Regulation in Australia," M.J. Schofield, R. Considine, C.A. Boyle, and R Sanson-Fisher, American Journal of I'ublic Health 83(9): 1284-1288, 1993 [See Appendix A] The authors of this study claim that the restaurant industry's policy of allowing member restaurateurs to make their own decisions concerning smoking policies is not effective and does not satisfy customers' wishes.