Tobacco News, 7/1/1993

Items:

Small Claims Action Tossed Out
LA Bans Restaurant Smoking
Vermont Passes Toughest Smoking Ban in the Nation
Leukemia Risk Found Higher in Smokers
Intel Lobbies for Sin Tax

Tobacco News, July 16-23, 1993

Items:

*EPA and Tobacco Industry Lock Horns in Four Battlefields
*Dr. Joycelyn Elders on Tobacco Education
*Ruth Bader Ginsburg on Tobacco Health Policy Decisions
*Philip Morris' Earnings Drop, Price-Cut on Premium Brands Extended
*Lithuanian Government First to Quit Smoking
*Morocco's Anti-smoking Movement Gains New Groups
*Academy of General Dentistry Calls on Baseball Players to Stop Televised Tobacco Use

Small Claims Action Tossed Out

June 25, 1993. The 33-year smoker who sued PM in small claims court for the $1500 he spent to quit smoking had his case thrown out on technical grounds. Alfred J. Deskiewicz, 51, had argued in small claims court that tobacco companies knew their product was addicting and yet did not warn the public, thereby violating Washington state product liability laws.

Judge Linda K. Jacke ruled that Deskiewicz should have known that medical literature indicated the addictive potential of nicotine over tha last 2 decades ( "He never bothered to look for it," she said. ) and should have realized he was addicted when he found he could not quit in 1971.Therefore, Washington's 3 year statute of limitations had run out.

"Many people are in a state of denial when they smoke, and they don't see their drug dependency.", Deskiewicz commented.

LA Bans Restaurant Smoking

On June 23, Mayor Tom Bradley, "pleased and honored', signed into law a smoking ban that prohibits smoking in all 7,000 of LA's restaurants, but exempts outdoor sections, bars, night clubs and dance halls. The ban had been passed by the Los Angeles city council by a vote of 8 to 6 and marked a milestone of a 15 year battle by Councilman Marvin Braude to restrict smoking in public places.

Restaurant owners had fought the law vigorously, claiming they would lose business to other communities like Beverly Hills (which saw a similar law passed and repealed a few years ago)

and Santa Monica.

Vermont Passes Toughest Smoking Ban in the Nation

On July 1, the toughest anti smoking law in the nation went into effect in Vermont. Smoking is prohibited in virtually all publicly accessible indoor areas. Violations are punishable by up to a $10,000 fine. Restaurants, bars, nightclubs and jails have been given a waiver.

Anti-Smoking Campaign Targets Blacks

July 1, 1993. The Centers for DIsease Control and prevention, along with the National Medical Association, an association of 16,000 minority doctors, is intituting a nationwide campaign to fight the targeting of blacks by the tobacco industry. Called "legends" the campaign's centerpiece is a commercial that shows pictures of Martin Luther King, Malcolm X and James Chaney, Jr. with a voice over, "These people died for their beliefs". Then pictures of dead black smokers are shown, with the voice over, "Were their beliefs worth dying for?"

The campaign criticizes the targeting of blacks by the tobacco companies, and states that there are 4 times as many billboards in black areas than in white.

The tobacco industry claims it doesn't target blacks, and that advertising doesn't make people start smoking.

About 29% of blacks smoke, up from 26% only a year ago. Black smokers have a relatively high incidence of lung cancer.

The CDC hotline for information on the dangers of smoking, tips on quitting smoking and referrals to support groups is: 1-800-CDC-1311.

Leukemia Risk Found Higher in Smokers

June 28, 1993. A study by Kaiser Permanente's Division of Research found that male smokers had almost 3 times the risk of developoing acute nonlymphocytic leukemia than non-smokers and that former smokers decreased their odds only slightly. Women's rates were unaffected. The gender difference, while a mystery, correlates with other research on smoking and leukemia.

The ACS estimates that in 1993 the disease will strike about 11,700 people (6400 men and 5300 women) this year, and will kill 7,300.

Intel Lobbies for Sin Tax

June 4, 1993. A contingent of private and government leaders from economically stricken Silicon Valley lobbied California state legislators for a variety of measures designed to revitalize the valley. Included in the group were Intel Corp. Chairman Gordon Moore and San Jose Mayor Susan Hammer. Among their proposals: - allow local governments to levy taxes on alcohol and tobacco.

Tobacco News, July 16-23, 1993

Items:

*EPA and Tobacco Industry Lock Horns in Four Battlefields

*Dr. Joycelyn Elders on Tobacco Education

*Ruth Bader Ginsburg on Tobacco Health Policy Decisions

*Philip Morris' Earnings Drop, Price-Cut on Premium Brands Extended

*Lithuanian Government First to Quit Smoking

*Morocco's Anti-smoking Movement Gains New Groups

*Academy of General Dentistry Calls on Baseball Players to Stop Televised Tobacco Use

*EPA and Tobacco Industry Lock Horns in Four Battlefields

The EPA and the tobacco industry locked horns this week, as the tobacco battle was being waged on a national level in four arenas. The /

poEPA met head-on the tobacco industry's lawsuit, fought them in two subcommittees, and went on the offensive in releasing a set of recommendations urging steps be taken to severely limit exposure to ETS in the home, in the workplace, and anywhere children could be exposed.

*In North Carolina, the EPA moved to ask the court to dismiss the tobacco industry's lawsuit requesting the EPA's Jan 6 report be declared null and void. The EPA argued that the report was in no way a "regulatory action," but rather an agency report, and thus not subject to court review, claiming "The classification of (secolnd hand smoke) as a Group A carcinogen...does not have any legal force and does not deprive the plaintiffs of any legal rights".

*Arguments by both sides were made to the two subcommittees, the Agricultural Dept's Subcommittee on Specialty Crops and Natural Resources, and the House Subcommittee on Health and Environment. The tobacco industry argued that the EPA's findings should be disregarded as the basis of policy decisions, "because it exploits flawed data and employs biased, unscientific methods." Carol Browner of the EPA said, "EPA firmly believes that the scientific evidence is sufficient to warrant action to protect non-smokers from involuntary exposure to second-hand smoke,"

*The EPA announced a public education program that urged people to ban smoking in their homes, and never to allow smoke around children, whether in the home, schools, or day care centers It also urged businesses and communities to adopt smoking policies to limit exposure. A new brochure, due to be released later this summer, will address these issues.

*Dr. Joycelyn Elders On Tobacco Education

President Clinton's nominee for Surgeon General, Dr. Joycelyn Elders, testified at her confirmation hearing before the Senate Labor and Human Resources Committee, "I'm about, and have always been about, comprehensive health education programs from kindergarten through 12th grade. Comprehensive health education means age-appropriate health education programs which include information on self-esteem, alcohol and substance abuse, including tobacco, nutrition education and fitness, violence prevention, AIDS and human sexuality."

*Ruth Bader Ginsburg on Tobacco Health Policy Decisions

At the confirmation hearing for Supreme Court nominee Ruth Bader Ginsburg, Sen. Orrin hatch (R-Utah) of the Senate Judiciary Committee asked, "Now, let's assume that the government decides that not smoking is better than smoking, that it subsidizes an anti-smoking campaign through a grant program. May the government give grants only to those who adhere to the anti-smoking campaign or viewpoint? Or does the Constitution compel the government to also subsidize pro-smoking campaigns by cigarette manufacturers?"

Ginsburg answered, "This is a question of safety and health, and I think the government can fund anti-smoking campaigns and it is not required equally to fund people who want to put their health and the health of others at risk."

*Lithuanian Government First to Quit Smoking

The Lituanian government has given up smoking. Health Minister Jurgis Bredekis, a former heart surgeon, apparently convinced the rest of the cabinet to sign an agreement to give up smoking. "I'm happy that we have probably the first no-smoking cabinet in the world," said Br4edekis, who has had his post for three months. Lithuanians, like most Eastern Europeans, are heavy smokers.

*Morocco's Anti-smoking Movement Gains New Groups

Morocco's anti-smoking movement is picking up steam, with the creation recently of several national anti-smoking organizations. The state tobacco monopoly, the Regie des Tabacs, sold last year 13.8 billion cigarettes, or 532 cigarettes a year for every man woman and child in the country.

*Philip Morris' Earnings Drop, Price-Cut on Premium Brands Extended

Philip Morris' stock dropped last week, as the company announced their recent price cut on Marlboro cigarettes would stay in effect indefinitely. PM 2nd quarter earnings fell to 1.20/share, down from 1.48/share. In addition PM, reportedly ecstatic over their recent gains in market share on Marlboros, cut wholesale prices about 40% on other premium brands like Parliament, Merit, Virginia Slims and Benson & Hedges. Philip Morris' Marlboro brand is in a neck-and-neck race with RJR's Camel for heaviest saturation of the under-18 market. RJR is still financially vulnerable due to the debt incurred from the takeover engineered by Henry Kravis a few years ago, but in the 3 or 4 years since the implementation of the "Joe Cool" ad campaign, Camel cigarettes have gone from less than 1% of the underage market to, at last estimation, about 30%. RJR offers premiums and various other "deals" (like Camel Cash coupons) on Camels, but announced it would cut prices on many of its other brands, like Winston. Studies have shown that price is an important factor in teen smoking.

*Academy of General Dentistry Calls on Baseball Players to Stop Televised Tobacco Use

The Academy of General Dentistry called on the Major League Baseball Players Association to stop the use of both chewing tobacco and cigarettes on the field and in the clubhouse, in an effort to stop the influence on kids. " Paul Stephens, D.D.S., president of the 33,000 member AGD wrote in a letter to Donald Fehr, executive director of the Major League Baseball Players Association, "By their personal examples, baseball players influence young people, right down to the bulge of tobacco in their mouth or the can in their pocket. The on-field, 'at-work' use of tobacco products gives young people the very visual message that chewing tobacco is not only okay, it is part of hallowed baseball tradition. What it really is, is a deadly invitation to oral and other cancers."

Dr. Robert Mecklenburg said at the AGD annual meeting in San Diego last week, "Tobacco companies are doing too good a job reaching a younger audience with their advertising tactics. And their tactics are reinforced by a few irresponsible companies that market products such as bubble gum in cans and pouches that look like smokeless tobacco."

12 million Americans use smokeless tobacco, 4 million of them children and teens. Oral cancer strikes about 30,000 people a year, and kills 8,000. These figures are expected to rise significantly, due to the dramatic rise in the use of moist chew tobacco, which contains more carcinogens than dry smokeless tobacco or cigarettes.

Major League Baseball banned the use of all tobacco products in all leagues from Rookie to AAA last June 15, but the ban does not apply to the Major Leagues, whose players belong to the Major League Baseball Players Association.

END OF DOCUMENT