Tobacco Documents Online

6 claim had originally been~ decided against the claimant in 1989. Subsequent review resulted in a determination by an administrative law judge that the claimant had suffered a compensable occupational disease. The Workers' Compensation Board rescinded that decision, finding instead that the daimant had sustained' an accidental injury as a result of repeated exposure to ETS. See New York Law Journal'' November 19, 1993. WORKPLACE: COLLECTIVE BARGAINING [18] Matter of NLRB and NLRB I''rofessiottal Ass n and Washington Loca4 NLRB Union, 1993 WL 456696 (Federal Service Impasses Panel) (decided November 5, 1993) A Federal Service Impasses Panel has decided to order the National Labor Relations Board (NLRB) to adopt the more restrictive smoking policy sought by the unions representing,NLRB attorneys and clerical workers. The parties had reached a negotiationss impasse and submitted their dispute to the panel for resolution. The NLRB suggested that smokers be permitted to smoke in smoking lounges with "state of the art" ventilation systems. The unions wished to establish a smoke-free workplace, with smoking permitted only in outdoor areas and in a garage-level designated'smoking area. The panel, in endorsing the union positions, also ordered the NLRB to establish smoking cessation courses for smoking employees. PRISONER CASE [19J Johnson v. Laham, et aL, 1993 U.S. App. LEXIS 29528 (U.S. Court of Appeals, Fourth Circuit) (decided October 28, 1993). The Fourth Circuit Court of Appeals has determined that a Maryland state prison inmate may pursue his Eighth Amendment claim of cruel and unusual punishment due to ETS exposure. The district court had dismissed inmate Steven Johnson's daims, but the Court of Appeals reversed on the basis of Helling v. McKinney, 1113 S. Ct. 2475 (1993). Under the Su- preme Court ruling, Johnson will be entitled to injunctive relief only if he can prove that prison officials were deliberately indifferent to his exposure in failing to enforce the state's inmate smoking policy, and that he is entitled to the specific remedy of an ETSLIAQ REPORT, ISSUE 61 injunction. He must also prove (i) that he is being exposed to unreasonably high levels of ETS, (ii) that the exposure subjects him to unreasonable risk with respect to his future health, and (iii)'that today's society will not tolerate his exposure. LEGAL ISSUES AND DEVELOPMENTS [201 "Smoky Custody Battles," Ellen Goodman, The Boston Globe, November 21, 1993 This opinion piece by columnist Ellen Goodman is critical of the recent trend in child custody cases of parents seeking to base custody decisions on smoking. Goodman prefaces her remarks by noting that she does not like to be exposed to ETS and suffered for years while located at work between two cigar smokers. Nevertheless, Goodman questions whether "the cigarette is another weapon of warring parents. It's fair to ask whether smoking,should be the trump card in everyday wrangles over the kids." Goodman refers to the EPA Risk Assessment on ETS, and suggests that if smoking is harmful to children who are involved in custody disputes, then it should also be harmful to all children. She wonders where children should be placed if they are removed frorn~ every home with a smoker in it. Goodman also ob- serves that if health care is a pivotal issue in custody battles, then lead paint, radon, nutritional balance, guns, seat belt habits and wealth should also be criteria to consider. She concludes by stating, "In divorce,, should the smoker lose the kids to the nonsmoker? Not even~ I want to see that warning on the cigarette pack." OTHER DEVELOPMENTS [21] California Trade Union Officials Ask for Free Smoking Cessation Classes According to a press report, California trade union officials, seeking to promote good IAQ and occupa- tional health, safety and' welfare for working families, believe that employers should offer free work-site smoking cessation classes as a health benefit. State labor councils have reportedly produced guidelines and' brochures which recommend ways in which manage-

) DECEMBER 3, 1993 ment and labor can bargain over workplace smoking, policies and other related issues. See BNA Occupational' Safeo; d Health Daily, November 24, 1993. [22]', New York Antismoking Coalition Receives Grant A five-year grant providing $35,000 each year to aid in antismoking programs has been awarded to the Niagara County Coalition on Smoking or Health. The grant will reportedly be used to promote and encourage smoke-free environments, to control tobacco advertise- ments and promotion of tobacco products, to limit access to tobacco of children, and to support tobacco price increases. The grant, awarded by the American Stop Smoking Intervention Study for Cancer Preven- tion, represents a joint effort by the National Cancer Institute and the American Cancer Society. See The Buffalo News, November 24, 1993. [23] Polling Research Supports Accommodation in Malls Ninety percent of those responding to a recent survey of 2,000 adults reportedly did not cite cigarette smoke as one of the biggest problems in shopping malls. In fact, 28 percent of respondents claimed they would spend less time in malls which prohibit smoking. The survey was conducted by Roper Starch Worldwide, Inc., for The Accommodation Program, which is sponsored by Philip Morris U.S.A. The Accommoda- tion Program assists businesses in enhancing accommo- dations and offers free resources to develop separate areas, enhance ventilation systems and train employees. According to a newswire report, Roper research has also shown that smokers tend' to spend an average of 10 percent more than nonsmokers per mall visia The survey indicates that high prices, crowd's and parking concerned consumers two to four times as much as ETS in malls. See PR Newswire, November 26, 1993. [24] State Distributes Information About ETS to Smokers The Massachusetts Tobacco Control Program and the American Cancer Society have reportedly launched a toll-free "Smoker's Quitline" which will give callers access to information about cessation programs, counselling options and the purported hazards of ETS. 7 The program is part of a number of initiatives funded by a 25 cent-per-pack tax on cigarettes, and apparently made its debut on November 18, 1993, as part of the "Great American Smokeout." See PR Newswire, November 11, 1993. More information about the Massachusetts Tobacco Control Program appears at issue 58 of this Report, October 22, 1993. [25] IAQ Claimed to be Critical to Hotel and Motel Customers According to a survey by Omni Hotel, 27,500 members of the company's Select Guests business travelers said "they considered a room free from: stale, cigarette air as the most imponant, hotel amenity.°' Omnii reserves 20 percent of its rooms for nonsmokers. More than 86 percent of hotels and motels that belong to the National Hotel & MotellAssociation now provide smoke-free rooms, according to the associa- tion. See IndoorAir Review, November 1993. [26] Cleveland Man Develops "Talking SmokeBuster" A former computer programmer in Cleveland, Ohio„ has reportedly developed a device he calls a"talking, SmokeBuster." The device is intendedto~be placed in~ such places as restrooms, elevators and other designated nonsmoking areas. Then, when it detects a lit cigarette, it will voice an antismoking message proscribed by its owner. "It can be as polite or obnoxious as you want," according to Michael Kaufmans developer of the device, who was interviewed for media reports. Kaufman says the device is very sensitive and can detect even a puff or two of smoke. In response, a spokesman interviewed itom the United Smokers Association, "There are already enough harassments that smokers have to endure. It's disappointing that people keep capitalizing on smoke-bashing." See Sofrline Informa- tion, September 5, 1993. [27] Smoking Ban Causes Business Backlash Accord'ing to a press report, the Bakers Square Restau- rant in the Twin Cities has lost some business as a result of implementing a nonsmoking policy during the last month. The Illinois-b.sed chain, however, is apparently determined to continue the policy in Minnesota, and

8 local~ restaurant managers consider the test ban to be permanent. See Star Tribune, November 9, 1993. MEDIA COVERAGE [28] "The Outcasts of the '90s: Smokers In the V(/ork- place," Los Angeles Ti»us, November 19, 1993 This article discusses the increase in smoking restric- tions in the workplace and other public places since the January 1993 release of the EPA Risk Assessment on ETS. Citing The Tobacco Institute, the article states that legislatures in 46 states have passed laws restricting, smoking, and that all 50 states have locat laws govern- ing smoking. In California alone, 250 cities have anti- smoking ordinances. Beginning next year, prisoners in California will not be allowed to smoke in their cells. The article also discusses the bill! introduced by Representative Henry Waxman (D-Cal.) to limit smoking inside all public buildings to separately ventilated rooms (H.R 3434)s as well as the November 1993 report by 16 states attorneys general urging that smoking be prohibited in all fast-food restaurants. [29]I "Noseworthy Progress for a Sick Sense," Chicago Tri6une, November 11, 1993 This article discusses complaints of sensitivity to various odors, including perfume and tobacco smoke. The articlt focuses on Dr. Alan Hirsch, Director of the Smell and Taste Treatment and Research Center in Chicago, who daims that his caseload has increased with new attention to such odors and claims of °mul- tiple chemical sensitivity." The article notes that perfume wearers are increas- ingly being segregated in some public places. For example, the article says, several restaurants in Chicago "discreetly sniff their patrons" and segregate the "overscented" from the rest of the diners. Also, within the past year, San Francisco and Oakland have adopted policies excluding heavy perfume wearers from govern- ment meetings. The artide also discusses Charlie Trotter, who bans smoking and uses fragrance-free flowers in his restau- rant. But Jimmy Rohr, a restaurant owner and claimed "multiple chemical sensitivity" sufferer, told the ETS/IAQ REPORT, ISSUE 61 newspaper he decided to lift his ban on smoking and perfumes in January because he was losing $140,000 a year in business due to the bans. SCIENTIFIC/TECHNICAL ITEMS UPCOMING SCIENTIFIC MEETINGS [30] Indoor Environment '94, IAQ Publications and Other Sponsors, Washington, D.C., March 22- 24, 1994 This upcoming conference was described in Indoor Air Review as providing "information ~ on the latest developments in legislation, policy strategies and government programs; building management; evalua- tion and abatement; safety and health; and litigation and liability:" According to the article, last year's conference had more than 100 speakers and 1,000 attendees. It was co-sponsored by the American Industrial Hygiene Association, the National Institute of Building Sciences, the Environmental Information Association4 and the Consumer Federation of America. LUNG CANCER [31] "Saturated Fat Intake and Lung Cancer Risk Among Nonsmoking Women in Missouri," M.C.R. Alavanja, C.C. Brown, C. Swanson, and RC. Brownson, Journal of tlie National Cancer Irutitute 85(23)s 190fr1916,1993 [See Append'nt A] In this paper, the authors report on the possible effects of a"broad range of dietary faaors"'for lung cancer risk in their study population. They report a strongly elevated, statistically significant relative risk for the highest level of saturated fat consumption, a"protective" effect for bean and pea consumption, and an elevated risk associated with consumption of citrus fruit and juice. [Saturated fats are those fats that are solid at room temperature, e.g., meat fat, butter, lard, etc.] The magnitude of the reporte& risk estimate for high saturated fat intake - an approximate six-fold increase when compared to the group reporting the lowest intake - is substantially higher than risks reported in

DECEMBER 3,1993 other studies on dietary factors. The authors attribute this to the use of only nonsmoking women in the study, and to the large percentage of adenocarcinoma cases in their sample. In comparison to the point estimate of 6.14 for the highest level of saturated fat intake in the Alavanja, et al., study, the overall'point estimates reported~in the approximately 35 available studies on spousal smoking range from approximately 0.7 to 2.5. The Brownsons et al., (1992) spousal smoking study, based on the same data set, claims that "dietary beta carotene" and "dietary fat" were considered among a number of potential confounders in the ETS analyses, but appar- ently only age„active smoking, and previous lung disease were adjusted in calculating risk estimates for ETS. Moreover, it is not~ clear how "dietary far,"'as used by Brownson, et al''., corresponds to "saturated fat," as used by Alavanja, et al. None of the other spousal smoking studies evidently ind'uded an adjustment for dietary fat intake. [32] I Editorial Regarding "Saturated' Fat I!ntake and Lung Cancer Risk Among Nonsmoking Women in Missouri," M.C.R. Alavanja, C.C. Brown,,C. Swanson, and R.C. Brownson, Journal of the National Cancer InstituteS 5(23): 1906-1916,. 1993 An editorial by Laurence N. Kolonel of the Cancer Research Center of Hawaii was published in the same issue of the Journal'of the National Cancer Institute as the Alavanja, et al., studyon dietary fat intake and lung cancer risk. Kolonel has also published research concern- ing diet and cancer. The editorial appears at Journal of the National Cancer Institute 85(23): 188Cr 1887: In Kolonel's opinion, there is a "biological rationale" for fat as a lung cancer risk factor. He lists several potential mechanisms by which fat could have a carcinogenic effect: alteration of the immune response, effects on carcinogen activation or detoxification,, inhibition of cellular communication, influence on the endocrine system, effects on hormone production, and enhancement of tumor cell proliferation. With regard to the Alavanja, :t al., study, Kolonel comments that the authors "give no information as to 9 whether [their]I models were appropriate." He suggests that their study does not resolve the issue of which dietary components may be related to increased risk. Finally, Kolonel addresses the public health impor- tance of the reported findings; he says that the addition of lung cancer to the list of health endpoints attributed to a high-fat diet is not needed to strengthen argu- ments for reducing fat intake. Moreover, Kolonel concludes: "[D]bes the identification of secondary risk factors for lung cancer play into the hands of the tobacco industry, which grasps at these straws in its relentless efforts to diminish the significance of ciga- rette smoking as the overwhelming worldwide cause of lung cancer?" [L33] Letters to the Editor Regarding "The Hazards of Passive - and Active - Smoking," P. Boyle, New England Journal of Medicine 328 (28): 1708-1709, 1993 The New England Journal ofMedicine recently pub- lished two letters concerning an editorial previously published in the journaL in which the EPA Risk Assess- ment on ETS was discussed. The current letters are by Chris Coggins and the author of the original editorial, Peter Boyle. The letters appear at New England'Journal of Medicine329(21); 1580, 158i„1993. In his letter, Coggins, of the RJ. Reynolds Tobacco Company, proposes that there were "a number of erroneous statements" in Boyle's editorial. For instance, he suggests that Boyle implied that research had suggested a link between parental smoking and childhood brain tumor. The majority of Coggins' letter focuses on the ETS risk assessment. He states that the EPA'S ETS risk estimate would not have been statistically significant if a 95 percent confidence interval had been used, notes that none of the eleven U.S. studies used by the EPA was statistically significant at the 95 percent level, and states that adding two recent studies "for some reason excluded by the EPA" would also result in a statistically nonsignifi- cant risk estimate. Coggins also criticizes the EPA's daim that risk increased with increasing,exposure, suggests that EPA "disregarded its own guidelines," and discusses the Agency's failure to account for chance, bias, and~con- founding as possible explanations of the claimed'associa- tion. Finally, Coggins also notes that ETS is not a "quantitative variant" of mainstream smoke. He con-

10 dudes: "Boyle's comparisons and unsupportable conclu- sion do not withstand even minimal scientific scrutiny." In his reply, Boyle opines that "Coggins raises several points that could have been resolved by a more carefuli reading of my editorial." He suggests that the editorial was subjected to "detailed dissection," and that the "tobacco industry's objections" raised in Coggins' article "are mainly irrelevant to the points" he raised in the editorial. Boyle then suggests that Coggins' letter exhibits "implicit acceptance of many of the points concerning tobacco-related cancer" made in the original editorial, and further claims that the Coggins' letter represents "implicit acceptance of the hazards of smoking by tobacco manufacturers." Boyle describes Coggins' reply as providing "no facts, only bluster" in response to Boyle's position that strict tobacco-control measures are justified. OTHER CANCER [34]I "Epidemiology of Intracranial Meningioma," VfJ.T. Longstreth, L.K Dennis, V.M. McGuire, M.T: Drangsholt, and T.D. Koepsell, Cancer 72(3): 639-648, 1993 [See Appendix A] Meningioma is a cancer of the meninges, the mem- branes that cover the brain and spinal cord. The authors review possible risk factors for this cancer, and mention that a 1992 Australinn~epidemiologic study reported an inueased'risk associated with "passive smoking." OTHER HEALTH ISSUES [35] "Exposure to Environmental Tobacco Smoke as a Risk Factor for Recurrent Acute Otitis Media in Children under the Age of Five Years," R. Stenstrom, P.A.M. Bernard, and H. Ben- Simhon, International Journal of Pediatric 4torhinolarymgology 27: 127-136, 1993 [See Appendix A] These Canadian researchers examined 85 children with recurrent acute otitis media (RAOM); and compared their reported ETS exposure to that of 85 controls. The authors report that ETS exposure was ETS/IAQ REPORT, ISSUE 61 statistically significantly associated with an increased risk of RAOM. ETS EXPOSURE AND MONITORING [36] I"Questionnaire Assessments of Recent Exposure to Environmental Tobacco Smoke in Relation to Salivary Cotinine," R.J. Delfino, P. Ernst, M.S. Jaakkola, S. Solomon,, and M.R. Becklake, European RespiratoryJournal6: 1104-1108, 1993 [See Appendix A] Based on comparisons of questionnaire responses and salivary cotinine measurements from 258 nonsmokers, the authors report poor agreement between recent exposure, using cotinine as a surrogate, and self- reported exposure, as assessed' by questionnaire. They suggest that further work is needed to improve the assessment of recent ETS exposure. [37] Letters to the Editor Regarding "The Nicotine Content of Common Vegetables," E.F: Domino, E. Hornbach, and T. Demana, New England Journal ofMedicine 329(6): 437, 1993 The New England Journal ofMedicine recently pub- lished two letters concerning the Domino, et al., letter, which suggested that consumption of certain vegetables could affect low levels of nicotine measured in the body fluids of nonsmokers. See issue 54 of this Report, August 27, 1993. This Report erroneously identified the original letter as having been published in ~ The Lancet. The current letters, by Jack E: Henning6eld' and' Edward F. Domino, appear at New England Journal ofMedicine 329(21): 1581-1582, 1993. Henningfield's letter claims that Domino and colleagues'' inferences were flawed due to a "500-fold error in the calculations used to determine the veg- etable equivalent of toxicologically meaningful expo- sure to tobacco smoke." He suggests that, to produce an exposure equivalent to one-half cigarette per day, a person would have to consume more than 100 kilo- grams (220 pounds) of tomatoes in one day. Henningfield also suggests that "ingesting nicotine is not equivalent to inhaling it," as nicotine is poorly absorbed from the stomach, and 70 percent is metabo- lizcd by the liver before entering the blood.

DECEMBER 3, 1993 In his reply, Domino agrees with Henningfield's assertion that "the amount of nicotine in certain vegetables is obviously too small to produce any pharmacologic or toxicologic effects." He states his position that "[u]rinary cotinine levels would surely be measurable in persons eating less than 100 kg of tomatoes a day." Domino concludes with the following statement: "I stand behind' our letter and say loud and' clear - let us do more research." [38] "Questionnaire Data as Predictors of Urinary Cotinine Levels Among Nonsmoking Adoles- cents," F.. Forastiere, N. Agabiti, V. Dell'Orco, R. Pistelli, G.M. Corbo, G. Brancato, R. Pacifici, P., Zuccaro, and C.A. Perucci; Archives ofEnvironmental Health 48(4): 230-234, 1993 [See Appendix A] Urinary cotinine measurements and questionnaire responses were compared in a sample of 542 Italian adolescents. The authors report that maternal smoking was the best predictor of cotinine level, and that house size and crowding, and subject's perception of a smoky environment could also be predictive. [39]' "Environmental' Tobacco Smoke: Multicompo- nent Analysis and Room-to-Room Distribution in Homes," G. Lofroth, To6acco Conrrol2: 222- 225, 1993 [See Appendix A] Based on measurements of nicotine, particles and other ETS constituents in one townhouse and one apartment, the author concludes that nonsmokers in homes where smoking occurs will be exposed to ETS regardless of their location relative to the location of the smoker. INDOOR AIR QUALITY [40] "Effects of Man-Made Mineral Fibers in Settled Dust on Sick Building Syndrome in Air-Condi- tioned Off'tces," A. Hedge, WA. Erickson, and G. Rubin, Proceedings of Indoor Arr '93 1: 2'9'1- 2'96, 1993 [See Appendix A] The authors of this study report on their analysis of nicotine, particulates, formaldehyde, settled dust, and man-made mineral fibers (MMMF) in nine air- conditioned buildings, with respect to reported symptoms of sick building syndrome. Reportedly, 11 smoking policy, which rangedfrom a ban to smoking areas that were separately ventilated, separately filtered, or not separately treated, was not associated with building sickness score or indoor environmental conditions. MMMF count in settled'dust was the only factor correlated with sick building,complaints. SMOKING POLICIES AND RELATED ISSUES [41] "P'ilot Study on the Effects of a Workplace Smoking Ban on Indices of Smoking, Cigarette Craving, Stress and Other Health Behaviours," M. Gomel, B. Oldenburg, J. Lemon, N'. Owen„ and F. Westbrook, Psychology and Health 8: 22'3-229, 1993 [See Appendix A] This study reports on measurements of effects of a workplace smoking ban at amAustralian ambulance center. The authors report a decrease in the number of cigarettes smoked per day following the ban, as well as an. increase in reported stress. [42] "The Effects of Smoking Bans on Extended Care Units at State Psychiatric Hospitals," J.JI. Parks and D.D. Devine, Hospztal and Community Psycliiatry44(9'): 885-886, 1993 [See Appendix A] Citing a "serious health~ risk posed by" ETS, the authors of this study examine the perceived resulEs of smoking bans in a number of psychiatric hospitals. They conclude that such bans are "feasible, safe, and beneficial to the milieu." IN EUROPE & AROUND THE WORLD REGULATORYAND LEGISLPITIVE MATTERS CANADA [43] Proposed Smoking Prohibitions Introduced by Heal'th Minister On November 22, 1993, Ontario Health Minister Ruth Grier announced' the introduction of legislation

12 which would, among other matters, prohibit smoking in designated public places andall health care facilities, with the exception of residential facilities such as nursing homes. The "Tobacco ControllAct," which is a part of a Tobacco Strategy launched in January 1992,, was apparently subject to public consultation. The Ministry of Health reportedly received 240 written submissions and 34 oral presentations regarding its discussion paper on the proposed tobacco legislation. The President of the Canadian Tobacco Manufactur- ers' Council (CTMC), which was one of the groups submitting comments to the Ministry, reportedly issued a statement upon the introduction of the Tobacco Control Act. The statement refers journalists to its March 1993 submission, which does not address the ETS issue. The statement also observes that new or modified provisions in the bill will be studied by the CTMC. See Canada NewsWtre, November 22 & 23, 1993; The Toronto Star, November 24, 1993: CZECH REPUBLIC. [44] I Charter of Children's Rights Established The Czech Republic's Charter of Children's Right to Protection Against the Harmful Effects of Smoking was established at a recent workshop of experts that was organized by The Czech Sociery of Physicians. The Charter urges pregnant women, parents, teachers and! doctors to give up smoking because "children have the right to live in a society inwhich non-smoking is a normal way of living," Jiri Kozak, head of the H'eallth Ministry's Advi'sory Council' for Prevention of Smoking, claims that every third day, one nonsmoker in the Czech Republic dies as a result of ETS exposure. Set CTKNational News Wire,,November 16,1993. GERMANY [45] Bundestag Called on to Pass Antismoking Law At their annual meeting in Frankfurt, the Doctor's Working Group on Smoking and Health called on the Bundestag to pass a law "for the protection of non- smokers." The working group announced that it had joined forces with the German Non Smokers' Initiative, and' that together, they would present draft legislation to the parliament at the end of December 1993. E7~S/iAQ ftEPUK'Y, ISSI'1;.~~61 The group's proposal reportedly calls for smoking restrictions at state-sponsored events and in all places of employment, all public sector institutions, all forms of public transportation, and all restaurants. The drak also provides for specific areas where smoking is allowed and' establishes minimum size and ventilation levels for such areas. The proposal calls for violations to be treated as misdemeanors and to be subject to fines of as much as $6,000. In addition nonsmokers would have the right to make damage claims. While the initiative is reportedly supported by two Bundestag deputies, there is also apparently much opposition to such legislation. Sce Week ln Germany, October 29, 1993. MALAYSIA [46] New Smoking Law in Malaysia A new law recently approved'by the Malaysia Parlia- ment states that smokers who light up in designated nonsmoking areas or on public transport face jail sentences of up to two years and fines of up to $2;640. The law takes effect on May 15, 1994; it reportedly prohibits smoking in all public places. It also bans all forms of cigarette advertising and promotions with the exception of in-house magazines. See The Ottawa Citizen, November 23, 1993; Xinhua General News Service, November 22, 1993, UNITED KINGDOM [47]I Measures to Scrap Health and Safety Laws to be Debated in Parliament According to a Department of Trade and Industry document apparently leaked to the press, the govern- ment plans to introduce legislation that would reform current workplace health and safety laws by removing most employer obligations. Among the proposals being considered'as part of the reform legislation is a provi- sion that would require the minimum in building ventilation or smoke-free zones already prescribed by EC directives. The measures, which are apparently intended to minimize costs to commerce and industry, have provoked opposition by Labour and the unions. See Independent on Sunday, November 14, 1993.

DECEMBER 3, 1993 ETS-RELATED LITIGATION INVOLVING THE CIGARETTE INDUSTRY AUSTRALIA [48] TL4 v. Stephen Woodward (Supreme Court, Equity Division, New South Wales) (decided'. December 3, 1993)' On December 3, 1993, the New South Wales Supreme Court ruled in favor of defendant Stephen Woodward on the issue of whether statements allegedly made by him were made in trade or commerce. The court did not address the question of whether the statements were misleading,or deceptive. TIA issuedla press release following the ruling saying it is "disappointed that Australia's leading,anti-smoking spokesperson is not bound by the law to make accurate statements on such an important public issue the same way that the Tobacco Industry is bound." The action was brought by TIA on the basis of misleading statements allegedly made by Woodward about the judgment of the full federal court in AFCO v. TI'A'~and the EPA Risk Assessment on ETS. Trial was held September 6-7, 1993; further details regard- ing the trial' appear in issue 55 of this Report, Septem- ber 10, 1993.. ETS/IAQ LITIGATION NOT INVOLVING CIGARETTE MANUFACTURERS AUSTRALIA [49] Blackwood v. Homeswest (Workers' Compensa- tion Court, Western Australia) (filing date unknown) A State Housing Commission employee has filed a workers' compensation claim alleging that he had a mild' heart attack in July 1992 that was caused by workplace exposure to ETS. The claimant, Allan Samuel Blackwood, claims exposure from 1968 through 1988. A pre-trial conference will be held on December 16, 1993, before a workers' compensation tribunal. A hearing on the merits is not expected for another six or more months following the conference. 13 OTHER DEVELOPMENTS CANADA [50] Children Allowed'~ to Restrict Parents' Smoking in Southern Ontario Town Under a pilot project by the Waterloo regional health unit, 70 pre-teen children have signed formal contracts with their parents that restrict parental smoking. Contract rules range from designated smoking roomss in the home to a total indoor ban. After six weeks, approximately 88 percent of the families were report- edly honoring their contracts. See The Reuter Library. Report;, November 17, 1993. FRANCE [51] French Guide Names 735 Smoke-Free Restaurants Now on the newsstands in France is the country's first nonsmokers' guide to restaurants and hotels. The guide lists 735 smoke-restricting establishments. The Guidr to Non-Smoking Hotels and Restaurants was publishedby the National Committee Against Smoking,approxi.mateHy one year after the effective date of nationwide smoking restrictions. Only a handful of the establishments in the guide are entireNy smokeftee; most offer designated smoking areas. The guide also contains information on the relationship between food and tobacco, and research on the claimed effects of ETS exposure. See Associated Presc Woddttream, November 26, 1993. [52] I First Prosecution for Violating Public Smoking Law A smoker, who was reportedly smoking in the non- smoking section of a cafe, became the first person to be prosecuted for smoking in public. According to a press report, the smoker ignored another customer's request that he not smoke. The other customer apparently poured a pitcher of water over the smoker's head, and the smoker threw the empty pitcher back, missing the customer and' allegedly hitting a five-year old child. The smoker was fined for smoking in public and for injuring the child. See The Guardian; November 13, 1993.

14 HONG KONG [53]I SBS Research is Recommended'At a mid-November conference in Hong Kong, specialists urged more research into the "ill-defined area" of sick building syndrome (SBS). They suggested that measures to "protect" workers from SBS may be a waste of time due to a lack of information about the syndrome and its possible causes. Professor Anthony Hedley, head of the Department of Community Medicine at the Hong Kong Univer- sity, was quoted as saying that "symptoms of the sick building syndrome could! be found' in everyone if you were looking for them;'," that "the cause of the syn- drome is not known and the methods available to investigate it are profoundly inadequate;" and that "glib assertions that the health risk can be avoided by the installation of so-called modern ventilation systems are patently untrue." See South China lllornrng Post, November 16, 1993. NORWAY [54]I New Antismoking Campaign is Announced in Norway According to a press report, one of the goals of a new, nationwide antismoking plan is to make all facilities that serve youth smoke free by 1998. The new plan, known as "A Tobacco-Free Norway Year 2000," replaces the previous "Smoke-Free Norway Year 2000" campaign. The new plan does include age limits for buying tobacco, an~ increase in the tobacco tax, and new warnings for tobacco and snuff boxes. See Aftenposten; November 16, 1993.. UNITED KINGDOM~ [55] Sick Buildings Sought for Indusion in Study The authors of a $685,000 research project are seeking "sick buildings" for inclusion in a two-and-a- half year study of the design and operation of hcalthy buildings. The study is being,funded by the Depart- ment of Trade and' Industry and the Science and Engineering Research Council. ETS/IAQ REPORT, ISSUE 61 The head of the project, Professor Patrick O'Sullivan of University College London, suggests that, instead of referring to a building as sick, it is more accurate to say that parts of a building tend to concentrate indoor air constituents. "This is particularly the case where air conditioning systems draw in air that is already pol- luted, as in many city centres," he is quoted as saying. See The Independenk November 14, 1993.. MEDIA COVERAGE CANADA ['S6] "Board on the Carpet," The Ottawa Citizen, November 25, 1993 This article discusses the potential indoor air quality problems that carpets may create in schools. The discussion centers around the Carleton Board of Education, which is building a new middle school in Barrhaven for September 1994. The author of this article urges readers to express their concerns regarding carpets to the Board so that they willlopt to install smooth flooring. The Barrhaven community has apparently welcomed'persons, including children, with~ "Environmental Sensitivity" into their school system. "The health and ability to learn of children with environmental sensitivity is severely compromised by current levels of indoor air pollution Mour schools," the author claims. "Provision of a carpet-free environ, ment in the new middle school in Barrhaven would'& eliminate a major source of indoor air pollution while simultaneously resulting,in significant cost savings to the taxpayer and the Board." WORLD AIRLINE NEWS [57]' "Travel: Smokers Run Out of Flight Time," The Daily Tekgraph, November 27, 1993 This article discusses the increasing number of airline smoking bans, asserting that "since October 1992, when the International Civil Aviation Organisation (ICAO) recommended a ban on smoking on all international flights within four years, scarcely a month has gone by without an airline announcing new

DECEMBER 3, 1993. restrictions." Last May, the International Agency on Tobacco and Health reported that 18 airlines were entirely smoke free and that another 32 had made provision for some nonsmoking flights. Passengers have, on occasion, won the right to smoke on airlines that were attempting to introduce bans. The Scandinavian airline, SAS, was forced to allow smoking seats after only two months of a trial ban on European flights. Even nonsmokers had apparently complained about the ban. The Dutch airline, KLK after a three- month trial ban~on~shon flights, found that passengers preferred to retain smoking seats. 15 ~