Philip Morris
Written Testimony of Professor Marvin M. Kristein. Ph.D. Departments of Economics and Community and Preventive Medicine State University of New York at Stony Brook, New York Subcommittee on Civil Service, Post Office, and General Services Committee on Governmental Affairs United States Senate Hearing on S. 1440, to Restrict Smoking to Designated Areas in All U.S. Government Buildings 850930
Fields
- Author
- Kristein, M.M.
- Area
- SLAVITT,JOSHUA/OFFICE
- Type
- TRAN, TRANSCRIPT
- Named Organization
- TI, Tobacco Inst
- Named Person
- Surgeon General
- Tollison
- Recipient (Organization)
- Comm on Governmental Affairs
- Subcomm Civil Service Post Office Genera
- US Senate
- Subcomm Civil Service Post Office Genera
- Document File
- 2025684071/2025684856/Americans for Non Smokers
- 2025684072/2025684855/Americans for Non Smokers
- Author (Organization)
- State Univ of Ny Stony Brook
- Request
- Stmn/R1-037
- Stmn/R1-102
- Litigation
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- EXTR, EXTRA
- Site
- N340
- Master ID
- 2025684073/4854
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I
StIO vBrook
Department of Commti¢nity and Preventire Medlicine
School of Medicinr
Health Sciences Center
State Uhinersity of New York at Stony Brook
Stony BrookNY' 1!1794
telephone: (516) 4"-219b ,
WRITTENITESTIMONY OF PROFESSOR MARVIN ML KRISTEIN, Ph.D.
OEPARTMENTSOF'ECONO'MICS AND1CpMMUNITY AND PREVENTIVE
MEDICINE
STATE UNIVERSITY OF NEW YORK' AT STONY B!ROOK,, NEW Y0'RIK'
SUBCOMMITTEE ON CIVIL SERVICE, POST OFFICE, AND GENERAL
SERVICES
COMMITTEE ON GOVERNMENTAL AFFA'IRS
UNITED STATES SENATE
HEARING ON S. 1440, TO RESTRICT SMOKING
TO'DESI'GNATEA AREAS IN A'LL U:S. GOVERNMENT BUIILDINGS'.
SEPTEMBER 30', 1985
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The following views reflect my many years of work on the economics of'smoking,
a topic for which I am internationally recognized as an authority. Please see the
appendix attached for copies of my articles.
The basic outline of my comments involves three parts: first, a conceptual
framework needed for a relevant economic analysis of the policy of' prohibiting smoking
in certain public places; second; a criticism of Dr. Tollison's remarks, based on a proper
conceptual framework; and third, an estimate of'the probable net savings likely to be
enjoyed by the United States Government from a policy of'restraiNrg smoking in
Government buildings.
The key error in economic analyses of smokinS, usually sponsored by the tobacco
incustry involves viewing, smoking merely as a freely ehosen~ eonsumer activity which i
many people enjoy, like chew3ng gum or, eating candy bars. Following this error, one may
speak of smokers' rights vs. tion-smakers' rights, the utility value of smokimg, the.
economic value of the tobacco_industry, etc. A proper conceptual view is to begin with
the recognitiion that smoking has been the cause of a major epidemic. Smoking is an
addiction which unfortunates acquire at an early impressionable age. Most smokers state
that they, wish they, coaild stop. Almost half'of all smokers have quit in the past 20-25
years. Smoking, greatly' increases the risks of serious and eostly consequences fpr the
individual later in life. In addition, unlike gum chewing and i candy, bars ~ smoking also
involves serious negative,impacts on the health and functioning of nearby nonrsmokerss
plus heavy costs to the society. Society has a right and an obligation to restrict the
individual's ~right to harm others and to impose available eosts on society by unwise
andJor careless behavior. We have laws about littering, pollution, suicide, redcless and
dangerous driving, etc. Smoking involves all these aspects and more.
The rise of cigarette smoking ih the United States since the first World' War has
produced a massive epidemie of illness, suffering, and premature death, involving, many
terns of'billions of dollars in annual losses to our, society and to the United Statess
r
i
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Government. Almost as many Americans are killed annually today due in large part to
the rise of the cigarette smoking habit as were killed in all our wars in the 20th
Century. The epidemiological evidence on~ the adverse effects of smoking on non-
smoking others nearby has led our Surgeon General to suggest that smoking parents may
be guilty of child abuse.l Given the weight of evidence and knowledge as to smoking
available today, to assert one's right to smoke wherever and whenever one~pleases is
virtually eqpi valent to asserting one's right to be a drunken, driirer.
Professor Tollison's remarks and analyses are based'on the conceptual mistake of
the rights of smokers.plus al one-balf billion dolliar annual' implemenrtintion cost figure
which is derivedlfrom fantasy and the standard obstructionist claims of'the Tobacco
Institute. The truth is that:.(1) emplbyers have the right to restrict smoking in their
workplaces; (2) with a properly devised program (for which we have numbers of examples
from, American companies andlstate and local governments), avoidance of confrontation,
and good sense, the United States Government in several years will be enjoying a gain in
real dollars of hundreds of millions of dollars per year as a result of S.1440.
The tobacco industry always emphasizes the difficulties and complexities of
impllementatlion by taking, an extreme adversary point of view. The truth, is that the vast
majority of smokers want to quit and do not voluntarily wish to harm non-smokers. Since
less than one-thirdlof our adult population smokes, more and more smokers ask whether
they may smoke !in ifront of you. The law wi12' be largely selfrenforcing, as has been seen
at a number of companies.
1 One should not be misliedlby medical research reports which say that the direct causel
relationship between passive smoking and cancers and cardiovarcular diseases in N
otherwise headlthy persons needs further study. This does not say that passive smoking ~
has no significant adverse health and funetioning i'mpaets onirnost non-smokers. N
However, we know that passive smoking reduces breathing capacity, increases the rate of ~
respiratory problems and diseases, reduces produetivity, andlinereases the nicotine
content of the blood stream6 ~
~
- ~
~.
~
~
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The premise of the law as to smoking being & form of pollUtiominvolving external
diseconomies of substantial size is not at aII faulty. Professor Tollison's comments in
this area simply ig!nore the research on the costs to employers of empl oyinQ smokers vs.
eqµiiral+ent non-smoiters. More and more businesses are acting, on forbidding smoking in
the workplace and the data on their savings is growing. The recent rise of a non-smoking
hotel has provided'comparable dollar figures on maintenance and fire los:ses.
No one wishes to punish or penalize smoJcers; one simply wishes to restrain the
extent to which they harm Innocent others (while, of course, doing great harm to
themselves) ~ by restricting a destructive and anti-social activity. This seeks to help
smokers.
The productivity losses that Profenor Tollfson says will follow from SaNI0 are
really, In part, theproductivity'losses'presently being suffered by the United Statet.
Government because It employs smokers. Smoking', breaks are probably more frequent
andilotger at one's work station and are as non-productive as they would be with limited
smoking areas. To these losses, we must add the adverse effects on, non-smokers (two
non-+mokers to every smoker) and i the whole, range of 'pollution, cleaning, and fire-risk
and accident costs. In fact, the tobacco industry's opposition to 511440 only makes sense
if' they fear that restricting smoking locations will reduce cigarette consumption and i
encourage smokers to quit. Their very opQosiltioir supports the view tfiat' 5.1440 will leiad i
to savings due to reduced smoking.
Properly, restidcft smoking in the workplace increa ses p!2ductivity by reducing
losses due to smokers. (1'liease see artieles in appendix) No smoking signs cost little;,
putting them up takes a few minutes. Getting people to cooperate in helping the United
States Government save money is a matter of good supervision and leadership.
Restricting smoking in major public places is exactly, where it is most important to
emphasize that smoking is not only self-destructive but anti-socfa,l. It does nott
discriminate against clerks and receptionists (implying, discriUninat'icn mostQy against
M-4

women). Those who are concerned with fairness In this regard should recalIli that 198'55
marks the year in which female lung cancer mortality rates surpass breast cancer
mortality rates.
To: use an assumed short run perfiect-market-functioning,economic theory to
assert that smokers bear the full costs of, their own behavior, especially im umlic
employment, is misleading and,,in1 this context, an example of the misuse of professional
competence. Even private eompanies, which are rapidly adopting no-smoking in the
workplace programs, do not believe this theory relevant for the private sector.
We may turni to srelli-known published data to estimatie the potential shorter-run.
(one to three year period) savings likely tolbe enjoyed by the Unitled S'tntes Government
from the impiementation of S:1440. These involve only , the areas of prodUctivity,
absenteeism, fire losses, accident-based losses, and'passive smoker, eosts. I will use
Professor Tollison's figures on government employees.and proportion of smokers. My
other cost estimates reflect bare-bones numbers, limited to the costs directly borne by
the employer, and'. appropriate for the poorest business. I' prefer underestimaties., Thus,
Professor Tollisoa says that there are 356,989 smoking government employees, or
approximately one-third of i'ts labor force. Im mid-1985 dollars, based'on my 1983
article, we estimate that the average smoking employee costs his employer i'S50z per
year in excess shorter-run costs as compared I to employing & similar non-smoker. If one
were to add longer-run (largely health and premature disability and premature death))
costs, which would take three ! to ten years to impact, the totali smoker cost to the
employer would be at least =1,1i00 per year per average smoker.
Assurning,a 100% succes% in three years, the United States Government would be
enjoying an annual savings of almost ;200millionr. Remember, these are understated
figurm Even a 50% compliance would ~ save S 100 millions a year.
To conclude. S.144i0 recogtoizes the new research and realities regarding, smoking
today. It represents a lbudable attempt on, the part of the United States Government to
M-5

protect and help its cdtiaens deai with a testible epidemic and'to save money at the same
time.
M-fi'
