HEALTH

HUGE SWEDISH TOBACCO STUDY

Boston, MA March 28, 1994. A Swedish study of 135,000 male construction workers has found that smokeless tobacco users aged 35-54 were over twice as likely to die of cardiovascular disease than those who used no tobacco at all. Heavy smokers in the age group had over three times the risk.

The Karolinska Institute study, published today in the American Journal of Public Health, followed the men from 1974 through 1985.

The researchers felt nicotine's effects on the cardiovascular system was probably responsible for the increased risk. They said nicotine required further study. Additional elements in cigarettes, they indicated, were likely responsible for the even higher death rates among smokers.

Times as likely
to die among: All Ages 35-54

6,300 smokeless users 1.4 2.1
15,000 light smokers 1.8 2.7
13,500 heavy smokers 1.9 3.2
32,500 non-users 1.0 1.0
67,300 former users ? ?

Light smokers were defined as those smoking less than 15 cigarettes a day. Adjustments were made for weight, blood pressure and heart disease history.

LUNG DISEASE RISING

March 30, 1994. The American Lung Association reports lung disease has risen 20% since 1979, and is now responsible for 315,000 deaths a year in the US. The report blamed smoking and air pollution, and said 26 million Americans suffer from chronic lung disease.

FEDERAL

MO'S NICOTINE STUDY RELEASED

Washington, March 31, 1994. An anti-tobacco legislator has released a Philip Morris-sponsored report that, he claims, shows the company knew nicotine was addictive as long ago as 1983--5 years before then-surgeon general C. Everett Koop issued a report concluding that nicotine is addictive.

The legislator, Rep. Henry A. Waxman (D-CA) also issued "formal letters of invitation"--backed up with a veiled threat of a Congressional subpoena--to the chief executive officers of all 7 major US tobacco companies to appear at an April 14 hearing of the Energy and Commerce Committee's subcommittee on health and the environment, which Waxman chairs.

The 1983 report, written by then-Philip Morris scientist Victor DeNoble, and based on research conducted at the Philip Morris Research Center in Richmond, Va., studied the addictiveness of nicotine in laboratory rats. It was accepted for publication by Psychopharmacology, but was withdrawn by Philip Morris, which indicated today that DeNoble had failed to adhere to an internal manuscript-review process "and thus was told not to publish the research until completing the process."

Though the study did show that laboratory animals would go to some exertion to self-administer nicotine--a commonly accepted scientific indicator of addiction--Philip Morris in a statement said DeNoble "did not believe nicotine fit the accepted criteria for drug dependence" and that he had "concluded that nicotine self-administration cannot be viewed as a form of drug 'abuse' or an 'addiction."'

DeNoble left the company in 1984, and tried to submit a revised version of the report to the journal again in 1985, but, said Waxman, was forced by Philip Morris to withdraw it.

Thomas Lauria of the Tobacco Institute, said nicotine was "an alkaloid in the same category as caffeine," and denied it was addictive.

The New York Times of April 1 cited Dr. Jack E. Henningfield, chief of clinical pharmacology research at the National Institute on Drug Addiction as saying that "the withdrawal of the paper from publication 'set the field back six years at least before work like it could be accomplished by Canadian researchers.'"

Henningfield told the Times that before 1983 there had been no good method of giving nicotine to rats the way humans get it from cigarettes--in short, powerful bursts. The study worked this problem out.

The Times article offered these quotes from the study:

"Lever-pressing by rats was established and maintained by intravenous nicotine infusions."

"The results show that nicotine can be a positive reinforcer for rats in the absence of other inducement."

The Times article also concerned itself with the then-editor of Psychopharmacology, Dr. Herbert Barry. Barry. Barry said that it was highly unusual for a paper to be accepted and then withdrawn, but had felt it was a confidential matter, and had not spoken of it until asked by Waxman to confirm the facts.

KESSLER & NICOTINE

Washington, March 28, 1994. In further testimony before the Energy and Commerce subcommittee on health and the environment on whether cigarettes should be classified and regulated as a drug, Charles Kessler cited these additional indications of the potential addictiveness of nicotine:

--40% of high school smokers say they have tried to quit, but failed.

--38% of heart attack victims say they began smoking again before they left the hospital

--17 million Americans try to quit each year, but 15 million fail.

The testimony by the FDA Commissioner has put him in the spotlight. The AP's Lauren Neergaard provided some brief tidbits about Kessler in a column today.

Kessler simultaneously obtained two degrees, one in medicine, and one in law. He completed his residency in Pediatrics at night, while working days for Sen. Orrin Hatch (R-UT).

(Utah, in light of its Mormon origins, is one of the most anti-smoking of states. At the confirmation hearing for then-Supreme Court nominee Ruth Bader Ginsburg, Sen. Hatch 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.")

Kessler was appointed to the FDA by President Bush in Dec., of 1990, and kept on by Clinton. Some of his actions have included:

--tighter enforcement of "fresh" orange juice labels.
--much tighter regulation of breast implants
--tighter regulation of drug makers' adherence to FDA manufacturing guidelines
--requiring proof of the health claims of some dietary supplements
--speeding up drug approvals through the implementation of $100,000 fees
--the first-time regulation of medical devices.
--continuing efforts to force complete and honest food labeling.

"I've worked very hard, I've spent three years of my life trying to let people know what's in food, to give them the whole story," Neergaard quotes Kessler. He complains his authority is often limited: "I have had food decomposing in plants and I have not had the ability to look at where that food's been shipped," he has said.

Neergaard also quotes some who have a different view:

"He's infringing on our constitutional right to free speech," complained dietary supplement advocate Dr. Julian Whittaker.

About Kessler's potential to take cigarettes under FDA regulation, Kim Pearson, publisher of an FDA-watchdog newsletter said, "It's another example of Kessler seizing an issue to advance his agenda, which is to make the public think Doc Kessler is Mr. Enforcement."

On the other hand, Neergaard quotes Dr. Sidney Wolfe, of Public Citizen's Health Resources Group, another FDA watchdog: "The only way an FDA commissioner cannot be controversial is if they don't regulate, if they don't act as a protector of the public."

MORE ON ADDICTION

New York, NY April 1, 1994. In response to a letter in the New York Times from Philip Morris claiming that cigarettes are not addictive because "more than 40 million Americans have quit smoking, and more than 90 percent of them did so with no professional help. These findings are not consistent with the behavior of individuals addicted to drugs like heroin or cocaine," Herbert D. Kleber, M.D., medical director, Center on Addiction and Substance Abuse, and David Conney, M.D. lecturer in psychiatry at Columbia University's College of Physicians and Surgeons, offered a rebuttal.

They write that, "Addiction is characterized by drug craving, compulsive use and relapse after withdrawal . . . Cigarette smoking usually meets these criteria, and thus nicotine dependence has been included in the psychiatric diagnostic manual in a parallel fashion to opiate, cocaine and alcohol dependence."

The authors wrote that

"The 40 million Americans who quit," they said, "did not do so all at once -- the figure represents an accumulation of about 2.5 percent of all cigarette smokers per year over 25 years. Most of them had stopped a number of times and relapsed before final success. . . every year, one American smoker in three tries to quit, but 90 percent fail by year's end. Even for those who have abstained for a year, one-third relapse."

They also cited the study of soldiers addicted to heroin returning from Vietnam which found that 90% were able to quit on their own after returning to the US. They said studies show 30% of heroin users "spontaneously remit."

Writing that "Indeed, nicotine may be more addictive than either heroin or cocaine," the authors state that studies show less than 10% of smokers successfully quit on their own. Whereas most heroin or cocaine users enjoy their addiction, most smokers want to quit but can't.

CLEAN AIR WORKPLACE PRODUCTIVITY GAINS

March 28, 1994. Kevin G. Salwen of The Wall Street Journal today reported on some aspects of OSHA's plan to improve indoor air quality in the workplace by instituting smoking bans and requiring more stringent standards in general.

Under the proposal, Salwen reports, the administration feels that over a 45 year period, 83% of indoor air pollution problems would be eliminated, preventing 3 million headaches, 4.5 million upper-respiratory symptoms, 32,502 cancer deaths and 577,818 heart disease deaths.

As reported earlier, the administration estimates additional costs for businesses of $6.6 billion a year in improvements and maintenance of air-conditioning and heating systems.

In calculating financial benefits of $8.4 billion a year in productivity increases, the administration, Salwen notes, used figures from a 5-year-old study by the National Energy Management Institute, a sheet-metal industry organization whose members--manufacturers, service providers and workers' unions--would stand to benefit from such a broad re-fitting of air circulation systems.

This is how NEMI calculated the $15 billion in productivity savings:

The study classified buildings into 13 categories and, on average, estimated how much worker time was lost due to "sick" building-related illness. The study averaged the figures to a productivity gain of 3.5%, or "about 30 minutes of production time for a full-time worker each day," according to Salwen. The study reduced the estimate to 3%, and multiplied the productivity time gained by payroll costs.

Thus $15 billion in productivity gains less $6.6 billion in costs, yields a net gain to the economy of $8.4 billion a year, not counting reductions in "company health-care or workers' compensation costs."

According to Joseph Dear of OSHA, after 3 months of public comment and a longer period of political adjustment and changes, the rule could be finalized in about a year. Companies then would have a year to comply, or face fines from $7,000 to $70,000.

ELDERS, WAXMAN "FACE THE NATION"

March 27, 1994. This Sunday's "Face the Nation" featured Surgeon General Joycelyn Elders, Rep. Henry A. Waxman (D-) and Tobacco Institute spokesperson Brennan Dawson.

Both Elders and Waxman made clear that banning cigarettes was not possible. But, said Elders, "I certainly think they would have to say cigarettes are addictive, we'd have to tell people that they kill, they would need to know the ingredients so they could make a decision about it."

Waxman said, "The regulations we're going to have to adopt at the congressional level will be to have a nicotine-free cigarette or if it has any nicotine in there, a warning label about the addictive qualities of nicotine." In addition, he said, more must be done to limit the availability and promotion of cigarettes to minors.

Ms. Dawson averred that nicotine is not addictive by the "classical definition, which talks about withdrawal symptoms that put you in the hospital, that talks about intoxication ... talks about ruining your lifestyle."

"Nicotine is essential, it has a taste ... that's what smokers are looking for," she said. Requiring a nicotine-free cigarette would be "like saying we have to mandate decaffeinated coffee. Some people just don't like decaffeinated coffee."

TOBACCO LEGISLATORS

New York, NY April 1, 1994. In an article titled "Tobacco Politics Falters Even in Congress," Katharine Q. Seelve cited the top 5 recipients of tobacco industry money in both House of Congress from January 1991 to December 1992.

* Republican

* Thomas J. Bliley Jr, Virginia $37,741
* Richard A. Gephardt, Missouri $22,098
* Dan Rostenkowski,. Illinois $22,000
* Rick Boucher, Virginia $21,350
* Edolphus Towns, New York $21,245

* Democrat

* Wendell H Ford, Kentucky $61,898
* Daniel R. Coats, Indiana $52,000
* Mitch McConnell, Kentucky $47,250
* Jesse Helms, North Carolina $44,500
* Bob Dole, Kansas $41,500

LOCAL

MA: NICOTINE GUM STUDY

Boston, MA. April 1, 1994. The Harvard School of Dental Medicine is looking for a few good smokers who want to quit for a study involving dosage levels in nicotine gum as a cessation device, and reasons for relapse.

NY: SHEA MARLBORO SIGN IN COURT

New York, NY April 1, 1994. The city has ordered the huge Marlboro sign in left-center field removed as out of keeping with the stadium's "character and dignity," but New York's Shea Stadium has a contract with Philip Morris which doesn't run out till 1997, so has filed a petition for a declaratory judgement in State Supreme Court.

Basically the petition asks the court to gather the parties involved and decide what to do about the problem.

"We are literally caught between a rock and a hard place," said Jack Diller, the Mets' executive vice president.

NJ: CIG VENDING BAN UPHELD

March 31, 1994. The New Jersey Supreme Court has upheld the right of localities to ban cigarette vending machines in order to prevent access by minors.

MD: CIG TAX BATTLE

Annapolis, MD April, 1994. Working hard in Maryland's House of Delegates for a 12.5 cent/pack increase in cigarette taxes is Casper R. Taylor, Jr. The funds would go to helping farmers convert their land to other crops, cancer research, and new schools. Fighting the tax tooth and nail in the Senate is Senate President Mike Miller.

KY: SMOKING ROOMS & VENDING MACHINES

Frankfort, KY. April 1, 1994. Should smoking be severely restricted in public buildings, Kentucky's Senate bill 316 would require many to set up smoking rooms. A cigarette vending-machine-control amendment was recently added requiring the machines to be placed where store owners could see them and thus catch minors attempting to buy cigarettes. However, the amendment almost died when the Senate balked at it.

Under a compromise that allows the amendment to stay, fines for store owners have been reduced, and enforcement has been shifted from the Cabinet for Human Resources to the Department of Agriculture.

MI: LOOKING FOR BOOTLEGGERS

Lansing, MI. April 1, 1994. On May 1, Michigan state cigarette tax will go to 75 cents an pack so the police are stepping up efforts to track down bootleggers trying to avoid the 50 cent per pack average price increase.

Police and the Treasury Dept. have asked the public's help, and have provided an 800 number (800-292-2824) to call with information on cigarette smuggling.

CA: TOBACCO TAX FUROR CONTINUES

Los Angeles, CA. April 4, 1994 Two articles recently in The New York Times covered the astonishing success of the anti-tobacco ads funded by earmarked Proposition 99 funds, and the resultant diminution of available monies. (In 1989, Proposition 99 brought in $900 million; in 1993 it brought in less than $600 million. The program has spent $92 million-$136 million a year) In addition, those diminishing funds are being fought over by other interests, and diverted for other programs. A lawsuit has been filed to prevent Gov. Pete Wilson from continuing the diversion.

April 2's "Anti-Smokers Are Set Back By a Success" pointed out that the California Medical Association has climbed into bed with the Tobacco Institute in opposition to the anti-tobacco ad funds.

This year California is faced with a $5 billion budget deficit, and this years diversion of 24% of the Proposition 99 funds is earmarked for children's medical programs. Gov. Wilson claims this is legal because the programs have an educational component.

Since Proposition 99 was so spectacularly successful, other states (Mass., Arizona, Colorado, Nebraska and Oregon in particular) have been considering and implementing their own programs. Should the diversions be successful, such efforts would be pointless.

"If the money in California does not stay in anti-smoking education, where it is intended, it may stop other states from considering this sort of measure," said Matthew G. Madonna, executive vice president for the Arizona division of the Cancer Society.

The article says tobacco interests spent $25 million fighting Prop. 99, and $2 million last year lobbying the state legislature. It strongly endorses the diversion.

Andrea Adelson in her "Advertising" column titled, "A campaign aimed at teenagers is at the forefront of California's $499 million battle against smoking," said cigarette sales fell by $1.6 billion in Proposition 99's 5 years of operation, while consumption fell by "1.1 billion packs, or 27 percent, three times faster than elsewhere in the country."

The article quotes Stanton Glantz's estimations of the success of the ad campaign. While the percentage of smokers declined sharply in California during the three years of the campaign, it had previously been pointed out that rates of teen smoking remained constant. Glantz says, "In California, the teen rate of smoking has been arrested, while it's rising elsewhere."

Glantz gave several reasons for the unusual success of the program.

1. Spending averaged $14.5 million/year, enough to "achieve high recognition scores."

2. The ads are paid ads, not public service spots, which means they can appear on popular programs, like MTV, "Beverly Hills 90210" and "Living Single."

3. The ads are high-quality, and those aimed at kids especially have "attention-getting bite and wit."

Adelson mentions one ad in which a blindfolded girl chooses a dog panting in her face over a "slob blowing smoke at her." "Breath No. 2 is slightly less putrid," she says.

"Kids love that," Glantz said. "They are brilliantly wicked and they work because of that."

Adelson says the ad agency, Livingston & Company of Venice, Calif., won 4 honors for the ads from the Advertising Club of Los Angeles, and was the second-most decorated agency at its Belding Awards ceremony.

"The cuts will be so large," Mr. Glantz warned, "the program will cease to be effective."

INTERNATIONAL

AUSTRALIA GETS "THE LIST"

Sydney, March 31, 1994. Australia's health authorities are reviewing their policy on tobacco additives after New Zealand released a confidential list of additives which included whale grease, grass, moss, clay, ivy, lemon, and lactic acid.

The 30 page list of over 2,000 additives was provided New Zealand in 1992 by 3 cigarette manufacturers, one of whom stressed its confidential nature, saying in a letter that it could not be communicated to others, according to the New South Wales cancer council, which obtained the list under New Zealand's official information act.

Although the additives made up only .2% by weight of cigarettes, they accounted for 1/4 the weight of loose tobacco and 1/3 of pipe tobacco.

GREECE: TOBACCO FARMER UNREST

Blockades and burning barriers went up on many major roads last week as thousands of tobacco farmers protested low tobacco prices.

CZECH REPUBLIC: RJR PLANT

Prague. March 29, 1994. As part of a planned $100 million, 5 year plan, RJ Reynolds Tobacco International will invest in a cigarette manufacturing plant in Benesov.

The conversion of an existing plant will create 70-100 jobs, and a production capacity of 2.5 billion cigarettes a year.

Reynolds said its short-term goal is to develop its Camel brand. Reynolds has been importing cigarettes here since 1993, when the Czech cigarette monopoly was abolished.

MALAYSIA: PHILIP MORRIS PLANT

Kuala Lumpur. March 29, 1994. Philip Morris announced today that it had won government approval to build a $67.7 million tobacco processing plant in Malaysia. 80% of the plant's output will be for export throughout Asia. It is expected to be completed by 1995.

Philip Morris said the plant will not affect its present agreement with R.J. Reynolds Tobacco Co. Sdn. Bhd, which currently manufactures Philip Morris' cigarettes in Malaysia.

CHINA: STABILITY THREATENED BY BAD COPS

Beijing, April 1, 1994. China's top cop warned today that rampant police corruption, torture--and involvement in smuggling--endangers political stability.

Communist China is acknowledging official corruption for the first time, and has even sent a vice-minister to jail for 20 years for his involvement in a pyramid scheme.

Despite a recent report castigating police for their involvement in the smuggling of cigarettes, cars and electronics, Minister of Public Security Tao Siju said the practice had been "effectively stopped," according to China News Service.

BUSINESS

ANTI-SMOKING BBS UNDER SUBPOENA

New York, NY March 30, 1994. A tobacco company has subpoenaed the records and membership list of an electronic bulletin board system by which anti-smoking advocates communicate with each other via computer and modem, Eben Shapiro reported in today's Wall St. Journal. The subpoena, part of the pre-trial fact-finding stage of a wrongful death suit against the American Tobacco Co. and the R.J. Reynolds Tobacco Co., also "demands the names of those funding the network and copies of all posted strategy sessions," according to Shapiro.

The Advocacy Institute's SCARCNet (Smoking Control Advocacy Resource Network), is a private BBS with about 200 members who use it to keep up with news and pending legislation, to research information, to exchange ideas and to engage in daily conferences and planning sessions.

"We see computer networking as a very powerful tool for leveling the playing field in policy conflicts, which pit institutions with substantial resources against grass-roots citizens groups," said Mr. Pertschuk of the Advocacy Institute.

Shapiro writes that the lawyer for the organization, David C. Vladeck of the Public Citizen Litigation Group, compared the case to a 1958 Supreme Court ruling involving the state of Alabama's attempt to obtain the NAACP's membership list. The court ruled that membership lists of advocacy groups are protected by constitutional guarantees of freedom of association. Vladeck feels the BBS's membership is as protected as the NAACP's.

Due to the success of SCARCNet in welding the anti-smoking movement into a cohesive force, Shapiro said, ALCNet, a similar network for Alcoholics, has been established, an anti-violence network is being created, and a gun-control network is under consideration.

Shapiro quotes Marc Rotenberg, a law professor at Georgetown University Law Center and the director of Computer Professionals for Social Responsibility: "If this subpoena is not quashed, the prospects for confidential private networks are diminished. . . If these new computer networks are going to develop and permit the type of frank discussion that SCARCNet is trying to encourage, then we need to ensure that the underlying constitutional principles are going to be carried forward into the information age."

"Suppose you had a forum on homosexuality and had to turn over everyone who participated. People would be much more reluctant to participate, said C. Thomas Dienes, professor of law at the National Law Center at George Washington University. "Now that we have this electronic superhighway, we will have to craft new rules about how the First Amendment should be applied," he said.

The subpoena was sparked by mention of the BBS in a deposition. Attorneys have agreed not to pursue the subpoena until later this month, when a judge will rule if the lawsuit should go forward.

A similar though less cloistered advocacy network is the Tobacco BBS in New York City. Though it officially advocates tobacco control, the BBS is free to all, provides up-to-the-minute tobacco news and encourages the open discussion of tobacco issues. It carries as its motto Justice Brandeis' words, "Sunlight is the best disinfectant."

BELLI SUES TOBACCO COMPANIES

New Orleans, LA March 30, 1994. Melvin Belli and other high-profile lawyers have filed an international lawsuit against all 7 major American tobacco companies on behalf of every tobacco-addicted person in the world.

The $5 billion suit charges the companies with the wrongful death and disability of those who were addicted to nicotine, both by its natural occurrence in tobacco and by "the intentional addition of extra nicotine to keep victim customers addicted in order to keep buying the product."

The suit charges that the companies knew nicotine was addictive and deliberately suppressed the information. "We will prove that the tobacco industry has conspired to catch you, hold you and kill you ... all without a moment of remorse or self-examination," Belli said.

Belli claims he filed a similar lawsuit in New Orleans 15 years ago, but could not at that time prove definitively that nicotine was addictive.

The immediate suit specifies damages of $50,000 for three specific New Orleans smokers or their relatives, but Belli said the figure could grow to $5 billion, although he didn't indicate how.

Lawyers Wendell H. Gauthier and Robert Leif are among the 26 other lawyers joining Belli in filing the suit. Among them, various lawyers have been involved in the successful $1.2 billion suit against Imelda Marcos, the MGM Grand fire/Prudential Securities settlement, and the proposed $3.7 billion breast implant settlement.

U.S. District Judge Frederick J.R. Heebe issued a temporary restraining order preventing the companies from destroying relevant records, and scheduled a hearing for April 13.

The companies named include Philip Morris Tobacco, R.J. Reynolds, Lorillard, American Tobacco and Liggett.

A part of the 14-page suit reads, 'manipulation and dosage of nicotine not recognized on the label of the drug or tobacco products constitutes an adulteration and/or misbranding as defined by the federal Food Drug Cosmetic Act and may constitute a criminal act and breach of duty subjecting all defendants to civil liability for all damages."'

Gary Long, an attorney representing Philip Morris, said tobacco companies have won over 100 cases where nicotine addiction has not been proved.

In other tobacco lawsuit news, an RJ Reynolds spokesperson said the company was considering filing a lawsuit against ABC, and a shareholder has filed a class action lawsuit against Philip Morris for misleading stockholders and regulators about nicotine--and thus inflating the stock.

CIGARETTE ADVERTISING SHIFTS GEARS

Washington, April , 1994. The Federal Trade Commission released data today showing tobacco companies spent $4.6 billion on marketing cigarettes--an increase of 16%--in 1991--the very year a steady decline in cigarette consumption in the US halted.

The Centers for Disease Control in Atlanta previously have blamed the leveling off on cigarette promotions, and discounted cigarettes and coupons.

According to the figures released by the FTC, such promotions made up almost 40% of the industry's 1991 promotional funds.

The figures:

$1.9 billion = twofer offers, discount coupons, gift promotions
$1.2 billion = store and vendor-oriented promotions such as shelf-space and trade shows.
$278 million = magazine ads, a drop of 15% from last year.
$50 million = newspaper ads, an all-time low at 1% of spending.
Outdoor advertising increased 3%.
In-store advertising increased 13%.

However, the FTC said, domestic sales of cigarettes dropped 2.4% to 510.9 billion, and per capita consumption dropped by 105 cigarettes to 2,724 per person.

NEW CIG AD CAMPAIGN

April 1, 1994.. Attention has been drawn to the new Benson & Hedges ad campaign by Leo Burnett USA (inventors of the "Marlboro Man" campaign, arguably the most successful ad campaign in history, and the more recent "Yes you can!" Merit campaign for Philip Morris).

Philip Morris calls it the "empathy advertising campaign." The ad copy runs "The length you go to for pleasure," and one features smokers enjoying the smoking section of an airline in flight--the wing. Another ad makes fun of the smoking section in most offices, as smokers, their desks jutting out skyscraper windows, wave and chat with other smokers on similar breaks.

"For a great smoke, put in for a window office," the copy runs.

"This campaign addresses in a broad, tongue-in-cheek way, the real world of today," said Ellen Merlo, vice president of corporate affairs at Philip Morris.

John F. Banzhauf of Action on Smoking & Health has estimated the campaign will be a failure, as it recognizes reality, rather than cigarette advertising's traditional appeal to fantasy.

However, the fantasy of riding the wing of an airplane in comfort and hovering above the city at one's desk seems strong enough--in fact almost dreamlike.

In addition, the campaign seems to reflect the "inclusion" philosophy of the new series of Joe Camel ads, encouraging smokers to feel special and apart-from-the-herd about themselves. It seems to be urging them to bond together in their common, high-risk but fun-loving activity.

In other major advertising news, Brown & Williamson has pulled their $30 million Kool account from Saatchi & Saatchi's Campbell Mithun Esty unit, and given it to Grey advertising, which hasn't had a cigarette account since Viceroy in 1981-1984. Brown & Williamson hopes Grey will not only revive sales, but develop a more global strategy for the brand.

"We have 20 people assigned exclusively to the Kool business, and I hope the layoffs will be minimal," said Mithun's CEO.

Kool's sales have been plummeting the last few years, behind other menthols Newport and Salem. Kool is the 9th most popular cigarette with 3% of the market.

SOCIETY

AMA LAUNCHES ANTI-SMOKING CAMPAIGN

New York, NY March 31, 1994. The American Medical Association launched the biggest anti-smoking campaign in its history today.

The campaign will be three-pronged, and will include AMA efforts to:

1--help Americans quit smoking with the National Wellness Stop Smoking Campaign. The AMA will sell its "How to Quit" program, kit of booklets and video and audio tapes on quitting smoking, through 1600 General Nutrition Centers a $69.95. A 24 hour hotline is included, and some of the proceeds will go to assist those who cannot afford the kit.

2--lobby for increased federal regulation of tobacco products.

3--fight for increased bans on smoking in public places.

The campaign includes, a half-hour TV "infomercial" which will also sell the kits, and an April one-hour special for physicians on American Medical Television. The AMA called the latter approaches "telemedicine."

"For decades, the tobacco industry has bombarded the public with marketing campaigns to lure people into smoking," said Randolph D. Smoak, M.D., of the AMA. "The AMA is now striking back by using the power of television to enable them to quit and stepping up our efforts to protect non-smokers and the young from this deadly habit."

The AMA used the announcement of the campaign to specifically call for the regulation of tobacco as a nicotine-delivery device.

"Cigarettes are no different than syringes," said Smoak. "Cigarettes deliver nicotine, the most addictive drug we know. They should be fully regulated, just as we regulate heroin."

AMTRAK INCREASES SMOKE-FREE TRAINS

March 31, 1994. USA Today reports the percentage of smoke-free Amtrak trains will rise from 62% to 82% May 1. Smoking is banned on all routes of 4 1/2 hours. Amtrak, according to USA, "said separate smoking cars are no longer economically feasible."

**---------------------------------------------------------

SM Roundup 04/07/94

FEDERAL

NPR Reveals 13 From "The List"

LOCAL

MA: Tobacco Officer Hired
VA: Tobacco Country Supports North
CA: Tobacco Petition Warned on Violations

INTERNATIONAL

Britain: British Knights Lance Joe Camel
Australia: Tobacco Tariff Proposed
Greece: Tobacco Growers Protest
Syria to Increase Cig Production
Kuwait May Ban Public Smoking
Who Urges Asian Pacific Ad Ban

BUSINESS

PM Hit With Shareholder Suit
Stolen Tobacco Papers Case, Cont'd
Tobacco, Cigarette Exports Down

SOCIETY

Teen Drug Survey
Black Billboard Protest May 31
Tobacco Growers Attack Fast Food Bans

SPORTS

AMA Urges Baseball Ad Ban

PEOPLE

Tonya & Nancy & Alexandra

THE FUNNY PAGES

FEDERAL

NPR REVEALS 13 FROM "THE LIST"

Washington, April 8, 1994. National Public Radio created a furor by airing a report on "the list" of additives cigarette makers are required to provide the government. The report made public 13 of the 700 secret ingredients, saying all 13 are not allowed to be added to food.

The 13 ingredients came from the 1992 list, and were analyzed by outside experts.

Some of the chemicals named and described in the report were:

--Methoprene, a pesticide used to kill insects on stored tobacco
--ammonia, which can irritate skin, eyes and respiratory tract
--freon, a chlorofluorocarbon (CFC) considered damaging to the ozone layer
--ethyl 2-furoate and sclareol, which in combination, a toxicologist claimed, cause liver damage and convulsions in laboratory animals. Ethyl 2-furoate also was considered for chemical warfare use in the 30s, Dr. Barry Rumack of the University of Colorado said.

NPR quoted Congressman Ron Wyden (D-OR): "Cigarettes contain ingredients so toxic that you could not dump them in a landfill under the federal environmental laws."

The report said some of the ingredients are extremely obscure, their effects relatively unknown, and the amounts added to cigarettes unspecified.

"What we do not know with these chemicals is ... what their concentration is in the final product, and we additionally don't know what combination of these chemicals are in that final product," said Dr. Rumack. "We do not know what the effects would be on a human being."

"Without knowing the dosage we cannot say with any certainty whether an ingredient is harmful or not," said Health and Human Services Department spokesperson Victor Zonana.

NPR also interviewed toxicology consultant John Frawley, who has studied the ingredients "exhaustively" for tobacco companies. Though he could not comment on specifics because of confidentiality agreements, "each and every one of the ingredients that are added to cigarettes are safe," he said.

The Tobacco Institute said independent scientists had reviewed the list, and had "concluded that at the levels used, the ingredients do not pose health risks to smokers."

Lauran Neergaard of the AP reports that the Centers for Disease Control in Atlanta which acts as the governmental caretaker of the list, and keeps it in a safe, "is preparing a report for Congress summarizing research on cigarette additives and any potential health risks."

In addition, Rep. Wyden said today he planned to introduce legislation to make the list public.

It is a felony for any government official to make any of the ingredients in the list public. Surgeon General Joycelyn Elders does not have access to the list; it is unclear if FDA commissioner David Kessler could gain access. President Clinton "would probably have to be designated as an employee of the Department of Health and Human Services to look at the list" according to ABC's Day One.

"It is absolutely unconscionable that this list is kept secret," Wyden said. "The American people ought to be very angry that this list is not public information. This is not only a case of the public's right to know, but of the power of tobacco company lobbyists."

However, the tobacco industry has claimed public disclosure would amount to divulging "recipes," or trade secrets. Thomas Lauria of the Tobacco Institute said the government could have asked for further information about the additives at any time since the list agreement was reached in 1984, but has not.

LOCAL

MA: TOBACCO OFFICER HIRED

Wellesley, MA. April 7, 1994. Wellesley is making unique use of the funds available to it through Massachusetts's 25-cent cigarette tax passed last year--it has hired a "tobacco control officer" whose duties are to help smokers quit and to urge companies to go smoke-free. The officer was hired with a $42,000 state grant. Other localities have used the funds for more traditional tobacco education and control efforts.

VA: TOBACCO COUNTRY SUPPORTS NORTH

April 8, 1994. According to the Washington Post, controversial Virginia GOP Senatorial candidate Oliver L. North has massive support from "Southside's tobacco belt."

The Republican nominee will be decided at the Republican state convention this June 4. North, the Post reports, currently has an estimated 50% of delegates' votes; his opponent, James C. Miller III, has 40%. Much of North's advantage comes from the overwhelming support he enjoys in Virginia's rural areas.

CA: TOBACCO PETITION WARNED ON VIOLATIONS

Sacramento, CA. April 8, 1994. Acting California Secretary of State Tony Miller announced today that he has written a letter to Julian Diamond of San Francisco in regard to the Smoking and Tobacco Products Statewide Regulation petition. The letter warned that making intentional misrepresentations about the contents or effects of an initiative while soliciting signatures is a violation of California's Elections Code, and that such violations will not be tolerated. Miller wrote that his concern was raised by "several complaints to this office."

INTERNATIONAL

BRITAIN: BRITISH KNIGHTS LANCE JOE CAMEL

April 6, 1994. Jack Schwartz Shoes has offered to trade in a pair of their popular British Knights sneakers for "Joe Camel" clothing. Dubbed "Cartoons should make kids laugh, not cough," the campaign will give out pairs of the $75 shoes to the first 50 high school students who send in an Joe Camel cap, T-shirt, etc.

R.J. Reynolds said its "Camel Cash" promotion is only available to those who say they are legally old enough to buy cigarettes.

A statement from the tobacco company said shoe campaign "has the potential to cause children to seek out Camel premium items and hold them in hopes that British Knights will offer free sneakers again."

AUSTRALIA: TOBACCO TARIFF PROPOSED

Canberra. March 6, 1994. Dow Jones reports that an Australian Industry Commission has recommended that the collapsing domestic tobacco industry be assisted by a 25% tariff on tobacco imports.

Current industry supports--which include marketing arrangements and a domestic-content quota for Australian manufacturers--will expire in 1995. The Industry Commission, whose report was requested by the government, says the present arrangements have "perpetuated an artificial market environment in which growers and manufacturers have been insulated from the disciplines of the market."

The supply of domestic tobacco currently far outstrips demand. The Commission's recommendations hope to strike "a balance between easing the adjustment pressure on growers and growing districts and adding to the input costs of cigarette manufacturers."

The proposed tariff would be reduced to 5% by the year 2002.

GREECE: TOBACCO GROWERS PROTEST

Athens. April 6, 1994. Greek tobacco growers protesting low tobacco prices closed down the main road and the railway between Greece's two major cities for five days by blocking them with 500 tractors, in addition to tree trunks and other objects. The growers also demanded the government stop its anti-smoking campaign and allow new farmers to grow tobacco.

The farmers erected obstructions at Katerini, some 160 miles north of Athens, blocking the Athens-Salonika road and the Athens-Thessaloniki railroad

The protest began Friday April 1, leaving both travelers and farmers living out of tents and vehicles--sometimes during pouring rains--and ended late Tuesday, with the government's assurance that the farmers would receive higher prices.

There are about 8,500 tobacco farmers in the Katerini area. Tobacco prices are down over 10%, from $6/kilo last year to $5.30/kilo this year. Due to European Union directives, Greece had to drop its export subsidies in 1992. Greece's tobacco crop consists primarily of the small-leaved eastern variety once known as Turkish tobacco, although broad-leaved Virginia tobacco has recently been introduced.

The government also said it will address the issue with the EU. It is unknown what was said about the secondary issues.

(Greece was in further turmoil last week, as at the same time, in Athens, doctors, lawyers and taxi drivers continued their strike against legislation that would affect taxes for the self-employed.)

SYRIA TO INCREASE CIG PRODUCTION

Damascus. March 31, 1994. Facing huge demand and a severe shortage, Syria said it will radically increase cigarette production, increasing output from 27 tonnes a day now to 70 tonnes by next year.

Syria produces about 15,000 tonnes of tobacco a year, of which 3,000 tonnes are exported. The country has one of the world's largest per capita consumption rates. It was the government's 1993 crackdown on smuggling which created the shortage.

KUWAIT MAY BAN PUBLIC SMOKING

Kuwait. April 3, 1994. Kuwait's health and labor committee has proposed a ban on smoking in public places and offices, and the government reportedly supports the ban, according to the Arab Times newspaper.

Kuwait's smoking rates have risen dramatically since the 1990 Iraq war. A recent study showed that only 21% of male students 19-25 smoked previous to the war, whereas 28% smoke now.

WHO URGES ASIAN PACIFIC AD BAN

Manila, April 6, 1994. The World Health Organization today urged Asian Pacific countries to enact bans on tobacco advertising.

WHO said tobacco use will not only result in "1/4 of all deaths this decade," but also costs governments money. China, the organization said, received $4 billion in tobacco taxes, but the monies were offset by $5 billion in medical and fire costs. In Australia, income was $2.16 billion, and direct costs were $4.9 billion.

The Western Pacific region has an inordinately high rate of male smokers, WHO said, giving these rates by country:

Macao: 89%
Philippines: 84%
Cambodia: up to 90% (according to Reuters)
Cambodia: up to 100% (according to UPI)

"I will speak to governments, but it will be up to the member states to implement a tobacco ad-free Western Pacific," said Dr. S. T. Han, regional director for the Western Pacific region of WHO.

Representatives from 12 countries are meeting in Manila to review their country's policies, and to develop a 5 year plan to decrease smoking.

BUSINESS

PM HIT WITH SHAREHOLDER SUIT

New York, NY. April 5, 1994. A shareholder has slapped Philip Morris Cos. with a class-action lawsuit claiming the company intentionally misled investigators and shareholders about the addictiveness of nicotine in order to artificially inflate the value of its stock.

The suit apparently concerns the events associated with and following the Feb. 28 airing of ABC-TV's Day One program, which examined the routine manipulation of nicotine levels by tobacco companies. Philip Morris has filed a $10 billion lawsuit against ABC over the episode.

Philip Morris, claims the suit, "knew that if the truth about cigarettes and nicotine was exposed, the FDA would regulate stringently the tobacco industry, including Philip Morris.

"Defendants also knew that if cigarettes were associated by the FDA with other addictive drugs such as cocaine and heroin, the stigma attached to smoking would shrink the consumer demand for cigarettes.

"This in turn would sharply cut into the company's profitability and the price of its common stock."

Shareholder William Steiner--who bought 100 shares on June 10, 1993--filed the suit in Manhattan. Philip Morris's stock was at $58.25 on Feb. 28, when the first Day One episode was aired. It has since dropped to about $50. Each $1 drop in stock price, Philip Morris estimated in its $10 billion lawsuit against ABC, represents a loss of $1 billion in the company's market value.

STOLEN TOBACCO PAPERS CASE, CONT'D

Louisville, KY April 1, 1994. The recent furor over nicotine addiction may reopen a case in which a judge ruled that secret documents purloined from a tobacco company could not even be talked about.

The Justice Department has asked the judge in the case to reverse his ruling and allow a paralegal to reveal his knowledge of documents he copied from Brown and Williamson files when he worked for the company's law firm. The copies have been returned to the company, but the paralegal kept an inch-thick summary

A lawyer for the Justice Department's antitrust division said the paralegal could wind up "in the middle of potentially conflicting federal court and state court orders."

Background from Tobacco News:

SECRET TOBACCO PAPER CHASE

Louisville, KY Jan. 11, 1993. A tobacco company has won a legal battle over purloined papers that allegedly demonstrate that tobacco companies and their law firms have been engaged for decades in a campaign of fraud and deception about the health effects of cigarettes.

Jefferson Circuit Judge Tom Wine ruled that Merrell Williams cannot use the papers in a lawsuit, must immediately surrender his summary of the documents and must never speak about what was contained in them.

In making his decision upholding the client/attorney privilege, Wine refused to examine the summary.

"To do so would encourage litigants to break into opposing counsel's office," Wine said.

Williams, 52, was hired in 1988 as a $9/hour paralegal for four years at Wyatt Tarrant & Combs, Kentucky's largest law firm. He was part of a team screening documents that might be used against the firm's client, cigarette company Brown & Williamson Tobacco Corp.

According to attorney J. Fox DeMoisey, Williams was so "shocked at the fraud and hoax being perpetrated on the government and the American people," that he copied a box full of the documents.

In 1992 Williams was laid off and suffered a heart attack. He took the papers to a lawyer who refused to read them and told him to return them to the law firm. Williams did so, but kept an inch-thick summary.

Williams plans to sue Brown & Williamson for his heart disease, but hasn't because Jefferson Circuit Judge Tom Wine issued an injunction prohibiting Williams from disclosing the documents last Oct. 5.

William claims he needs the summary for his suit, and to defend himself against the law firm's suit against him for theft and for violating his secrecy agreement.

Williams' attorney DeMoisey said the case should be subject to a crime-fraud exemption to the attorney-client privilege. Such an exemption does not protect clients who engage attorneys to help them commit fraud.

DeMoisey claimed he couldn't mount a defense without knowing what is in the documents. "It's like playing poker and betting without ever looking at your cards," he said.

The suit against Williams also asks for the return of any information he obtained over the four years he spent with the law firm.

"For approximately four years, Mr. Williams' brain cells absorbed, ordered, collated and retained the information," DeMoisey said. "To return this information, Williams would have to cut off his head and return his head in a basket."

TOBACCO GROWERS ATTACK FAST FOOD BANS

Raleigh, NC. April 2, 1994. Calling it "a perfect example of the pot calling the kettle black" a tobacco growers' group has attacked McDonald's restaurants for its recently announced smokefree policy.

"What is so wise about feeding your children high-fat hamburgers, French fries, sodas, fried fruit pies and cookies, and then providing them with a smoke-free environment?" the Tobacco Growers' Information Committee asked.

The committee says it represents 150,000 tobacco growers in 23 states, and has suggested its members not patronize "businesses that are only interested in your money."

While several other fast food chains ban smoking, McDonald's has been targeted by the Council because its de facto position as a standard-bearer for the industry.

A McDonald's spokesperson said the chain offers low-fat foods, and its smokefree policy is a response to public demand.

TOBACCO, CIGARETTE EXPORTS DOWN

Washington, April 7, 1994. Tobacco and tobacco product exports fell sharply last year, according to the Agriculture Department.

The Department ascribed the 21% decline in 1993's raw tobacco value ($1.31 billion) to the worldwide glut.

Cigarette exports fell 6% in value to ($3.93 billion, for which the Department blamed "an economic recession in Western Europe and Japan" and "increased competition from foreign manufactured brands."

SOCIETY

TEEN DRUG SURVEY

Of teens 12-17 years old, only 49% saw great risk in cigarette smoking, and only 54% thought there was great risk in trying cocaine, according to a Department of Health and Human Services report based on a 1992 Household Survey on Drug Abuse.

For American as a whole, 64% believed smoking was a great risk, up from 62% who believed so in 1988.

BLACK BILLBOARD PROTEST MAY 31

Philadelphia, PA. April 8, 1994. Tobacco billboards will be draped in black on May 31, "World No Tobacco Day," according to the National Association of African Americans for Positive Imagery (NAAAPI).

The action is meant both to shield children from the glamorization of tobacco and as "a symbolic memorial to the millions of men and women who died needlessly from smoking cigarettes."

Founding president Rev. Jesse Brown said, "Tobacco addiction is a worldwide problem, and cigarette advertising is all too frequently targeted to people of color and women. We want to show our solidarity with people around the world as we call on our national governments to ban tobacco advertising."

SPORTS

AMA URGES BASEBALL AD BAN

Chicago, IL. April 6, 1994. The AMA has asked Major League Baseball, in the interests of its young fans, to ban smoking and tobacco advertising at all 28 ballparks. The AMA wrote to Allan Selig, chair of baseball's executive council and owner of the Milwaukee Brewers, "As long as baseball and the ballparks in which it is played remain an irresistible attraction to our children, it is simply unacceptable that smoking and tobacco advertising be part of this experience."

"Baseball must be a source of heroes for our children," said AMA board member William Jacott, "and not a link to a lifelong addiction to smoking, disease and early death."

Dr. Jacott said smoking was the "leading killer in our nation," and said "the vast majority of those who become addicted to tobacco begin smoking as children, as many as 3,000 every day."

Jacott referred to baseball's "recognition of the special danger tobacco presents to children" in its ban on players' use of smokeless tobacco in the minor leagues, and urged Major League Baseball to "immediately disassociate itself from tobacco."

A Major League spokesperson said 20 teams already ban smoking in the stadium and that that decision is up to the clubs.

PEOPLE

TONYA AND NANCY AND ALEXANDRA

Hollywood, CA. April 8, 1994. Alexandra Powers, who plays Tonya Harding in NBC's "Tonya and Nancy: the Inside Story," which will air April 30, has this in common with the character she portrays: Ms. Powers is also an asthmatic who smokes.

Though Powers had been free from attacks since last summer, she started suffering symptoms the first 2 days of shooting the TV movie. She promptly quit smoking.

THE FUNNY PAGES

"And in Medical News, look for a new updated Surgeon General's warning on all cigarette packages."

(Picture on Screen:) SURGEON GENERAL'S WARNING: What are you, an idiot?

(applause)

Kevin Nealon, SNL 4/10/94

In reporting on the Utah prison that has banned smoking, UPI's Howard Dicus said, "Apparently the warden didn't like the policy adopted by most places... letting smokers stand outside."

**---------------------------------------------------------

SM Roundup 04/17/94

HEALTH

BLACKS' HIGH LUNG CANCER RISK

San Francisco, CA. April 11, 1994. Blacks seem metabolically more at risk for getting smoking-related lung cancer than whites, according to a study by the American Health Foundation. A metabolic process which removes a potent carcinogen from the body appears to be far less efficient in blacks than in whites, a factor which could account for A 48% higher rate of lung cancer among blacks than whites.

The study did not address the question whether the inefficiency was due to genetics, diet, or other environmental factors. Researchers hoped the study could lead to a screening test to determine a given person's susceptibility to developing lung cancer.

"This is the first evidence that there may be metabolic differences which are consistent with cancer risk differences," Dr. John Richie of the American Health Foundation in Valhalla, NY, said

"We saw a difference between blacks and whites in their ability to detoxify a lung carcinogen that is present in tobacco smoke," said AHF director of research Stephen Hecht. "Whites were more able to detoxify this carcinogen than were blacks. This seems to go along with the epidemiologic findings that for a similar number of cigarettes smoked blacks are at higher risk for lung cancer than whites."

The study revolved around the body's metabolization of a chemical called NNK, or nicotine-derived nitrosamino-ketone, a "potent lung-specific carcinogen, found in tobacco, that causes cancer in laboratory animals in the same doses that humans are exposed to," according to Richie..

The body appears to metabolize NNK through an enzyme system called glucuronide transferase. The detoxification process results in two compounds:

1. NNAL-gluc, which is water-soluble and quickly excreted in the urine.

2. NNAL, a potent carcinogen which stays in the body much longer, though traces can be found in urine.

The study examined the ratios of the "bad metabolite" and the "good metabolite" in the urine of 56 healthy smokers, 31 black and 25 white, from Mt. Vernon, NY. The subjects were matched for age, sex and smoking rates.

The results did not break down strictly on racial lines. While 30% of whites were considered "good detoxifiers," 6% of blacks reached that level also. There was also a less pronounced difference between black women smokers compared to white women smokers.

Richie also said there may be different detoxification enzyme systems among ethic groups, and that diet could also affect such systems. A fatty diet, for example, could impair them.

The research joins a growing body of studies done on the body's ability to detoxify chemicals. Researchers in the field have found wide variations--up to 100-fold differences--in detoxification activity among races as well as individuals.

NNAL-gluc and NNAL have only recently been measurable. Richie told The New York Times that it has yet to be proven that NNAL-gluc is the detoxified metabolite of NNK, and that further studies are needed to see if the ratios are reflected in actual lung cancer patients.

The AHF is expanding the study to 320 people.

SHOCKING VITAMIN SUPPLEMENT STUDY

Boston, MA April 13, 1994. A long-anticipated 10-year Finnish study on the health effects of beta carotene and Vitamin E supplements on over 29,000 male smokers has revealed some startling data: Far from common perceptions that supplements of beta-carotene (which the body converts to Vitamin A) help prevent lung cancer, those taking the supplement actually:

--had 18% more cases of lung cancer
--had more heart attacks
--had 8% higher death rates

Men taking Vitamin E, however, showed 1/3 fewer cases of prostate cancer, and 16% fewer colon and rectal cancers, though the vitamin may contribute to a type of stroke where blood is leaked to the brain.

Beta carotene and Vitamin E have been touted in recent years as "anti-oxidants" which can absorb "free radicals," or harmful oxygen molecules that can damage and tear DNA and cellular proteins. According to popular theories, this helps prevent cancer and heart disease. Previous surveys have indicated large supplemental doses of the vitamins do so.

Older smokers were chosen for the study because they it was felt they were at special risk for lung cancer, and it was hoped beta carotene would lower that incidence. At the start of the study, the smokers had an average age of 57 over a 50-69 year old range, and had smoked an average of a pack a day for an average 36 years. Some were given beta carotene, some Vitamin E, some both, and some a placebo. The study followed the subjects for 5-8 years.

During the period 876 men developed lung cancer. Of these:

--474 had received beta carotene, compared to 402 who did not
--433 had received Vitamin E, compared to 443 who did not

The Finnish study, by the U.S. National Cancer Institute and the National Public Health Institute of Finland, was reported in the New England Journal of Medicine. It is being seriously attended to because it is so large, and considered carefully conducted. It is one of a number of massive studies seeking to determine if beta carotene supplements affect lung cancer. Several US studies involving 80,000 people are in process.

Despite the unexpected results of beta carotene's influence, "We are not convinced there was definitely a harmful effect," said Dr. Demetrius Albanes of the U.S. National Cancer Institute.

"The results of the Finnish trial do not disprove the potential benefits of antioxidant vitamins, but they do provide timely support for scepticism and for a moratorium on unsubstantiated health claims," the article in the journal said.

Dr. Gilbert Omenn, dean of public health at the University of Washington, said: "The message to the public is: Eat a good balanced diet, be pleased that scientists are working on these complex cancer prevention strategies, but be forewarned that there are no simple answers and there is no guarantee of safety when you take capsules into your body."

In a move widely criticized by the health food industry and many vitamin-takers, the FDA recently prevented vitamin supplement manufacturers from placing unproven health claims on their products.

No mention was made in news reports of the recent 5 year, 30,000-subject Chinese study which found those receiving supplements of a combination of beta carotene, Vitamin E and Selenium had a 14% lower cancer death rate, and a 9% lower death rate overall.

Beta carotene is found in carrots, broccoli and yams. Those with a normal healthy diet usually consume 2-3 mg. of beta carotene, about a tenth of the amount used in the study.

SMOKERS' DIETS

Providence, RI. April 14, 1994. Compared with nonsmokers, smokers consume more calories, fat, alcohol and caffeine, and less fruits, vegetables, vitamins A and C, fiber, folate and iron, according to a study by Janice B. McPhillips & colleagues, published in the Journal of the American Dietetic Association.

The unsurprising results demonstrated smokers had a lot of room for improvement, and could help reduce their risks of heart and lung disease by dietary means, suggested the authors.

FEDERAL

US PUBLIC GETS THE LIST

Washington, March 14, 1994. In an attempt to halt a firestorm of negative publicity over secret additives, the tobacco industry tried to throw up a break by releasing the long-guarded 599-ingredient list publicly--but came under new fire as Rep. Henry Waxman (D-CA) released a report claiming the tobacco industry had lied about not manipulating nicotine levels in cigarettes.

The industry had fought for the list's secrecy to protect, it said, trade secrets. In releasing the list of 599 additives, the industry sought to protect individual companies' "recipes" by combining ingredients from 6 manufacturers, and by omitting specific amounts.

Released with the list was a March 1994 independent report ("A Safety Assessment of Ingredients Added to Tobacco in the Manufacture Of Cigarettes") by 6 scientists who had assessed the entire list and had concluded that "the ingredients added to tobacco in the manufacture of cigarettes by United States manufacturers are not hazardous under the conditions of use."

The list was released by RJ Reynolds, which had pushed for the disclosure.

A Reynolds spokesperson said, "More than 98 percent of the ingredients are approved as food additives by the U.S. Food and Drug Administration, and have been given the status 'Generally Recognized as Safe in foods' by the FDA or other expert committees."

Steven Parrish, senior VP and general counsel of Philip Morris said in a press release, "The industry's decision to make this proprietary information publicly available to our consumers is in response to misleading allegations recently made about the nature of the ingredients used in our products."

"Unfortunately," he said, "the confidentiality that Congress mandated for cigarette ingredients information has been mischaracterized as an attempt by cigarette manufacturers to be 'secretive' and keep information from the American public."

He said the list was released to "demonstrate to our consumers that cigarette ingredients are similar to ingredients used in a wide variety of consumer products and are not harmful to smokers."

Dr. Dietrich Hoffmann of the American Health Foundation in Valhalla, NY, points out that "Food is eaten, not burned," and that some of the ingredients could become harmful when burned.

Last week's National Public Radio report based on a 1992 list focused on 13 chemicals not allowed in food. The list released today, however, showed only 8 of the those 13.

Some of the most suspected chemicals include:

--ethyl-2-fluroate, which has been claimed to cause liver damage in test animals
--Megastigmatrienone, which the industry claims occurs naturally in grapefruit juice.
--Freon-11, a chlorofluorocarbon (CFC)
--Dehydromenthofurolactone, which the industry claims occurs naturally in peppermint.
--Ethyl furoate, a natural ingredient in coffee, kiwi and peanuts.
--Maltitol, used as a sweetener in gum and diabetic candy.
--Sclareolide, a synthetic form of an element of tobacco.
--Tobacco extract, which contains some nicotine. Adding nicotine in this way could open the industry up for regulation. The Wall St. Journal reports that Philip Morris claims it no longer uses tobacco extracts--for "public relations" reasons--and only used them in the past for flavoring on two brands.
--Ammonia. Certain forms of ammonia are safe in food.
--Methoprene, which is leftover from the spraying of the insecticide on stored tobacco leaves. The industry claims it is allowed in dried fruits.
--Angelica root extract, of which Dr. Hoffmann said, "It is a known animal carcinogen. It should not be used." Philip Morris rebutted that charge by saying the FDA allows the extract in chewing gum, baked goods and beverages.

The list of other ingredients ran the gamut from the banal to the intriguing: licorice, honey, vanilla, cocoa, rum, coffee, caffeine, yeast, alfalfa, wine, beeswax, basil and bay leaf oil, xanthan gum, snakeroot, kiwis, grapefruit juice, coconut oil, "smoke flavor," ascorbic acid, beta carotene, glycerin, ethyl alcohol, ethyl propionate, and carbon dioxide.

Rep. Waxman, who is turning out to be the industry's arch-foe in Congress, said, "The list is one that we will have to have really independent toxicologists review. I wouldn't trust these so-called independent experts the tobacco industry has paraded out to the public and the Congress over the years to tell us things like tobacco smoking is really good for you because it relaxes you, or there is no connection between cigarette smoking and addiction, and of course their latest one that they don't manipulate the nicotine levels."

(Waxman was referring to a report released today in which he claimed that not only do cigarette makers manipulate nicotine levels, as evidenced by a 1981 industry report, but that they recently lied about it to Congress.)

Rep. Ron Wyden (D-OR) claimed about 100 ingredients from previous lists were missing, including 2 potentially hazardous ones. A Philip Morris spokesman said, "There might be a few other ingredients added to the paper because the law does not refer to ingredients added to cigarette paper."

Wyden also said, "Just because something is safe when you ingest it, it doesn't follow that the same substance is safe when you smoke it and inhale it. Folks aren't walking around this country smoking broccoli."

But Department of Health and Human Services spokesperson Victor Zonana dismissed the importance of the list altogether. "We know that the two main ingredients in cigarettes are tobacco, which kills, and nicotine, which addicts," he said. "Those are the relevant facts."

And FDA Commissioner Dr. David Kessler said, "I can't think of any substance more dangerous than what is occurring there naturally."

And according to the Washington Post, "even RJR toxicologist (Robert L.) Suber said the health risk associated with smoking 'in my opinion comes from the tobacco leaf' and not the additives."

Ellen Merlo of Philip Morris said, "If we had to worry about any of the ingredients, we would not have released the list."

The 6 tobacco companies whose ingredients appear on the list are:

Philip Morris Cos.
R.J. Reynolds Tobacco Co., a unit of RJR Nabisco Holdings Corp.
Brown and Williamson Tobacco Corp, a unit of B.A.T Industries Ltd.
American Tobacco Co.
Liggett Group
Lorillard Corp., a unit of Loews Corp.

WAXMAN RELEASES '81 NICOTINE MANIPULATION REPORT

Washington. April 14, 1994. Rep. Henry A. Waxman (D-CA) released a 1981 report which he claims proves the industry not only has been manipulating nicotine levels for at least as long, but also that industry leaders--specifically Alexander W. Spears, now CEO of Lorillard, Inc.--have been lying about it to the public and to Congress.

In the report, Waxman compared last month's testimony, in which Spears stated the industry does not manipulate nicotine levels ("nicotine levels follow the tar level"), to a 1981 article by Spears in which, Waxman said, Spears discusses how nicotine levels are raised in low-tar cigarettes.

"Basically it is done by using more of the higher nicotine-containing tobaccos in the blending process during which the tobacco for the cigarette is manufactured," Waxman said.

"Industry representatives have appeared on national television and flatly said that they don't manipulate nicotine levels in cigarettes," he said. "This is not true. Mr. Spears's article proves that even the industry knows this."

"We now know that cigarette making is a highly complex and technological process," Waxman said. "Cigarette companies pay very close attention to the nicotine levels. According to Mr. Spears' articles they consciously manipulate the nicotine levels in the lowest tar cigarettes."

The 1981 article reads in part, "Higher nicotine levels can be achieved by decreasing Oriental, and the stem and tobacco sheet, and increasing the BurIey and upper stalk positions of both the Flue-cured and the Burley tobacco. . . current research is directed toward increasing the nicotine levels while maintaining or marginally reducing the tar deliveries."

However, when Spears testified last March 25, he had said, "We do not set nicotine levels for particular brands of cigarettes. Nicotine levels follow the tar level."

At the same March 25 hearing, FDA Commissioner David Kessler testified that his researchers were surprised to find that low tar cigarettes were in fact not linked with low-nicotine levels.

"If there is no manipulation of nicotine going on," he asked, "why does the lowest yield cigarette... have the highest percentage of nicotine in it? If Mr. Spears was right, wouldn't the lowest yield cigarette have the lowest concentration of nicotine in it?"

When asked if he was accusing Spears of perjury, Waxman said, "that is a legal determination, but it is a criminal offense to try to mislead Congress."

In a written statement, Spears said Waxman had made a "serious error in reasoning" in regards to the article, which had been presented to the 35th Tobacco Chemists' Research Conference in 1981.

"The most ill-informed are aware that tobacco is an agricultural commodity" Spears said. "...Manufacturers blend tobacco to try to achieve taste acceptance, brand distinction and preference within the smoker franchise." Spears said the matter "could have been cleared up easily if (Waxman) or his staff had been prepared to undertake even a minimal investigation."

(A New York Times article on the issue cited a dismissed Philip Morris biochemist, Vedpal S. Malik, who upheld Waxman's reading of the 1981 report. An interesting sidelight was the revelation that Philip Morris is continuing Malik's work in developing a nicotine-free tobacco plant.)

TOBACCO CEO'S HAULED BEFORE CONGRESS

Washington. March 14, 1994. In an astonishing meeting today, the top 7 executives of the one of the most important industries in the nation were lined up like naughty schoolboys brought to the principal's office, and given a 6-hour grilling.

A DAY AT THE THEATRE

Exchanges were often heated, as could be expected when the fate of a $50-billion-a-year industry hangs in the balance--even though the hearing had touches of, as William Campbell of Philip Morris said, "theater bordering on circus."

But as Ted Koppel on Nightline said, "there was a fair amount of silliness to go around on both sides . . . for all the showboating on the Congressional side, and the disingenuousness on the industry side, this _is_ serious business."

Underscoring how serious, The New York Times said the hearing "often looked and sounded like the start of a death struggle over the future of cigarettes . . .extraordinary not so much for its telling blows . . . as for the spectacle of so many Grants and Lees matching hyperbole with obfuscation, graph with statistic, carefully calculated outrage with carefully calculated hurt."

The focus of the meeting was, for the most part, nicotine. Whatever other arguments exist about cigarettes, if it is proven that nicotine is addictive, and that cigarette makers knowingly manipulate nicotine levels intending to "affect the structure or any function" of the body, then cigarettes would almost automatically become subject to FDA jurisdiction as a narcotic.

Other issues involved allegations the companies buried their own research on the dangers of smoking, added potentially toxic materials to cigarettes, and targeted children with their advertising.

The executives firmly denied all charges, and more: they denied that there were any proven health risks to smoking.

THE HEARING

Opening the session before the House of Representatives health subcommittee, Henry A. Waxman (D-CA) said it was a historic occasion. "This hearing marks the beginning of a new relationship between Congress and the tobacco companies. The old rules are out -- the standards that apply to every other company are in."

During the often rancorous hearing, important concessions were wrung from the executives:

--they agreed to hand over to the committee all studies, research notes and internal memos about research into the dangers and addictiveness of nicotine. James Johnston agreed to hand over papers concerning the Joe Camel ad campaign. Johnston wanted Waxman to promise confidentiality, but Waxman refused. "You will submit the data," Waxman angrily told Johnston.

--William Campbell of Philip Morris admitted the company had twice stopped publication of the DeNoble study of nicotine which reportedly established lever-pressing addictive behavior in lab animals. He agreed to allow DeNoble to publicly discuss his work.

--Dr. Alexander Spears, recently under attack for allegedly trying to mislead congress about the ratio of nicotine/tar levels, admitted some other information he provided at the same March 25 hearing was wrong. Dr. Spears' chart had shown nicotine levels had dropped since 1982, when the Surgeon General's report the data came from showed an increase of more than 10%.

Dr. Spears said after the hearing he didn't know how the mistake was made.

THE ARGUMENTS

1. ADDICTIVENESS:

REP. WYDEN: Let me ask you first, and I'd like to just go down the row, whether each of you believes that nicotine is not addictive. I've heard virtually all of you touch on it--yes or no, do you believe nicotine is not addictive?

WILLIAM I. CAMPBELL (Philip Morris): I believe that nicotine is not addictive, yes.

REP. WYDEN: Mr. Johnson...

JAMES JOHNSTON (RJReynolds): Uh, Congressman, cigarettes and nicotine clearly do not meet the classic definition of addiction. There is no intoxication--

REP. WYDEN: We'll take that as a no. And again, time is short, if you can just, I think each of you believe nicotine is not addictive, I'd just like to have this for the record.

JOSEPH TADDEO (US Tobacco): "I don't believe that nicotine or our products are addictive."

ANDREW TISCH (P Lorillard): I believe that nicotine is not addictive.

EDWARD HORRIGAN (Ligget Group): I believe that nicotine is not addictive.

THOMAS SANDEFUR (Brown & Williamson): I believe that nicotine is not addictive.

DONALD JOHNSTON (American Tobacco Co.): And I too believe that nicotine is not addictive.

HORRIGAN: If I may at this juncture, I am somewhat appalled by the conduct of this hearing. You invited responsible executives here to devote their time and their honesty to the answers, you overwhelm people with questions, you ask yes and no, and I would like to think if we are going to have an exchange here--a true exchange--for you to be informed, rather than have your minds made up. We should be given chances in future questions to expand if necessary.

REP. JOHN BRYANT (D-TX): Well when everybody on the panel says the same thing and astonishingly says it in the same way, as all of you did a moment ago when you affirmed that you did not believe that nicotine is not addictive, it raises the question about whether or not the response was rehearsed. Mr. Horrigan, did your lawyer tell you that you needed to affirm today without equivocation that nicotine is addictive--is not addictive?

HORRIGAN: No one had to tell me anything about my opinions about addiction, sir.

BRYANT: Did this group discuss the need to state clearly in the same words--as you all did--in the same words that nicotine is not addicting?

CAMPBELL: Absolutely not.

HORRIGAN: You--you would dare think we get together and meet--that's absolutely outrageous.

"If it causes addiction, could 43 million Americans have quit?" asked James Johnston, claiming that nicotine had "a mild pharmacological intent."

"Doctor Kessler's definition of addiction would classify most coffee, cola and tea drinker as addicts - caffeine addicts," said Johnston, who also compared cigarettes to Twinkies.

"You and I both know that Twinkies don't kill a single American," responded Waxman. "The difference between cigarettes and Twinkies and the other products you mentioned is death."

"I was a smoker, and I know how addicted I was and how hard it was to quit. Your comment that smoking is not addictive just doesn't ring true."

"I have a common-sense definition of addiction.," said William Campbell, challenging "the scientific definition." "Smokers are not drug users or addicts, and we do not appreciate being characterized as such."

"Don't you think there are 45 million Americans who resent being characterized as helpless, pathetic addicts?" Johnston said. "You can characterize smokers as addicts, like some of these gentlemen did today, but common sense tells you they are not. My God, I'm no addict. I smoke. I've just been through a long day. You didn't see me biting a hole in this table, did you?"

MANIPULATION OF NICOTINE:

"We do not do anything to hook smokers or keep them hooked. We no more manipulate nicotine in cigarettes than coffee makers manipulate caffeine," said James Johnston.

(It was a statement that undoubtedly made coffee industry leaders sit bolt upright in their chairs. Some immediately moved to distance their product from cigarettes. Sam Boyer, vice chairman of Brothers Gourmet Coffees said. "I think they are just giving everybody a black eye: sort of like a last chance to associate nicotine with the common things we all experience."

"The caffeine content in coffee is not the basis for the product, the taste is," said Gary Fischer of Chock Full O' Nuts.)

Johnston said nicotine is monitored to achieve "the target taste profile in the end product."

Dr. Spears said the misunderstanding over his 1981 report stemmed from confusion about the two places in which one may measure nicotine--in the tobacco itself, or in the smoke. The nicotine in the smoke drops with the tar, though there could still be a high concentration of nicotine in the tobacco, he said.

Apparently Spears meant that the 1981 report covered nicotine concentration in tobacco, but his answers to the committee last month were in reference to the nicotine in smoke.

"That seems to me to be a very strange notion," said Waxman. "It defies anybody's understanding."

Yet Steven Parrish, VP of Philip Morris, mentioned nothing about nicotine in smoke on CBS-TV the morning before the hearing when he said, "We do not design cigarettes to meet specific nicotine levels. What we do is design a cigarette around flavor parameters which leads to a tar number in the cigarette, and then the nicotine in that cigarette follows from the tar target that we go for."

HEALTH:

CAMPBELL: We don't know what causes cancer in general right now so I think that we may find out what causes cancer, and we may find out some relationship, which has yet to be proven.

Andrew Tisch said he did not believe cigarettes caused cancer.

WAXMAN: "Do you understand how isolated you are in that belief from the entire scientific community?"

TISCH: I do, sir.

WAXMAN: You're the head of a manufacturer of a product that has been accused by the overwhelming scientific community uh to cause cancer. You don't know? You have an interest in finding out?

TISCH: I do, sir. Yes.

WAXMAN: And, um. What have you done to pursue that interest?

TISCH: Well, we have looked at the data, and the data that we have been able to see has all been statistical data that has not convinced me that smoking causes death.

Asked if they believed smoking caused disease and death, most of the executives replied that they did not know for sure.

Waxman referred to the established body of medical opinion on smoking.

WAXMAN: They say that smoking causes heart disease. Do you agree that smoking causes heart disease?

JOHNSTON: It may.

WAXMAN: They agree that smoking causes lung cancer. Do you agree?

JOHNSTON: It may.

When asked about emphysema:

JOHNSTON: It may.

Johnston took issue with government figures that show over 400,000 people a year die from smoking.

WAXMAN: If you don't agree with the number, then give us your number? How many smokers die each year from smoking cigarettes?"

JOHNSTON: I will explain--

WAXMAN: No. I want you to answer. We have a limited time.

JOHNSTON: I don't know how many. . . It's a computer--

WAXMAN: Do you disagree with the surgeon general's opinion?--

JOHNSTON: It is a computer generated number that makes the assumption that--

WAXMAN: Mr. Johnston, I'm going to have to ask you to respond to my questions. Do you or do you not agree with the surgeon general's estimate of over 400,000 smokers dying each year?

JOHNSTON: I do not agree.

WAXMAN: OK. Do you know many die each year?

JOHNSTON: I do not know.

WAXMAN: How can you, as chief executive officer of a company manufacturing a product that's been accused of killing so many people not know this information. How is it?

JOHNSTON: I'm telling you that number is generated by a computer and it makes two important assumptions. The first is that virtually everyone who smokes and dies, dies because they smoke--unless they got run over by a bus--and second: that model allows people to die one-two-three-four times. I don't know how that can happen, but that's what that model does.

Waxman angrily suggested the executives had some "obligation to know." "All of you have some responsibility to say something more than you don't know," he said, citing other industries--cars, foods and drugs, for example--whose leaders are required to understand and to respond to potential dangers particular to that industry.

Joseph Taddeo of US Tobacco, when told snuff users were 50 times more likely to develop oral cancer, said, "Oral tobacco has not been established as a cause of mouth cancer."

KIDS/JOE CAMEL:

Referring to the presentation of an 8-year-old asthmatic who told the executives what he felt like when he was around tobacco smoke, Ted Koppel commented, "It was a shameless piece of political theatre on the committee's part, but then, in fairness it must be said, they were dealing with an equally shameless industry that pretends to see no correlation whatsoever between a cartoon camel flogging cigarettes and kids as potential buyers."

JAMES JOHNSTON: If I thought that ad (the Joe Camel campaign) caused any young people to begin smoking, I'd pull it in a heartbeat. . . . It's fun, just like Snoopy the dog sells Met Life insurance, just like Garfield the cat sells Embassy Suites Hotels. We're not accusing them of targeting kids, are we?

WAXMAN: Well--I think someone should buy some life insurance if they use this product.

Johnston apologized for one Joe Camel ad that suggested young men at the beach drag young women from the water and pretend they thought they were drowning. "That ad ran once," he said. "It never should have run. I apologize. It was offensive. It was stupid. We do make mistakes."

Johnson agreed in a heated exchange to provide the committee with all the market research and internal memos regarding the Joe Camel campaign.

Upon hearing a letter from an eighth grader in Tulsa, Oklahoma complaining about a local convenience store giving away free packs of cigarettes to teens, the executives said they would investigate. "That is unacceptable to us if that is true," said Campbell..

The 6 executives with children each said they'd rather the children wouldn't smoke. Several added they would not try to influence the decision, but would let them decide themselves.

JAMES JOHNSTON: Mr. Congressman, I do not want my children to smoke, I do not want your children to smoke, or anyone else's children to smoke.

WYDEN: Thank you.

JAMES JOHNSTON: I want adults to smoke.

WYDEN: Thank you.

FOR THE PROSECUTION:

Rep. Mike Synar (D-OK), who later said "It was really shocking to see 7 of the highest paid executives in our country completely ignore 50 years of indisputable medical evidence. It's beyond one's imagination . . . These denials are simply no longer acceptable to the American people."

Ron Wyden (D-OR), who accused the executives of wanting to "hook my kids" through their advertising. "I hope today that you will tell us how you all can live with such a killing record on your consciences," he said at the start of the session.

Wyden also said there was no way to tell if the additives released by the industry yesterday were safe without knowing their quantities, and asked for that information to be released.

Henry A. Waxman (D-CA), who said, "I was a smoker, and I know how addicted I was and how hard it was to quit. Your comment that smoking is not addictive just doesn't ring true."

John Bryant of Texas, who read a letter from the daughter of a man who had died of emphysema "with a cigarette in his hand. . . His death was not the bad part. His life was the real horror."

Mike Kreidler of Washington, who described his father's death from emphysema. "It would be hard for me to imagine that there's one of you gentlemen sitting here that has ever witnessed something like that. . . It's progressive. It just goes until you die. You can't get any breath."

FOR THE DEFENSE:

Rep. Thomas Bliley (R-VA), who said, "I'll be damned if they (the tobacco workers in his constituency) are to be sacrificed on the altar of political correctness." Bliley gave the executives a chance once again to deny a charge ("spiking") that only the tobacco industry has leveled at itself. "Once and for all," Bliley said, "Do you spike your cigarettes with nicotine?" They all answered in the negative.

William I. Campbell, CEO of Philip Morris USA (Marlboro, Virginia Slims, Benson & Hedges, Merit), who, for the CEO of the country's tobacco powerhouse, took a surprisingly low key approach, leaving the standard-bearing to James Johnston of 2nd place RJR.

James Johnston, CEO of RJ Reynolds Tobacco USA. (Winston, Salem, Camel, Doral) who was the most articulate defender among the executives. He accused the anti-smoking movement of wanting de-facto, or "back-door" Prohibition. At one point he challenged the panel to go ahead and ban cigarettes: "If any member of this subcommittee truly believes that cigarettes are too dangerous to be sold, then stand up! Vote for prohibition - and be prepared for the consequences."

Andrew H. Tisch, chairman & CEO of Lorillard Tobacco Co. (Kent, Newport, True)

Edward Horrigan, chairman & CEO of Liggett Group Inc. (Eve, Lark, L&M, Chesterfield)

Thomas Sandefur, chairman & CEO of Brown and Williamson Tobacco Corp (Kool, Raleigh, Viceroy, Belair, Barclay)

Donald Johnston, president & CEO of American Tobacco Co. (Lucky Strike, Pall Mall, Tareyton, Malibu, Misty, Montclair)

Joseph Taddeo, president of U.S. Tobacco Co. (Skoal, Copenhagen) UST doesn't make cigarettes, but is the dominant force in the smokeless tobacco market.

LOCAL

NY: TENANTS FIGHT SMOKER'S FIRES

New York City, NY. The New York Times' real estate Q&A column covered concerns by a tenants' association about an elderly and disabled tenant who habitually drinks and falls asleep with a lighted cigarette. The fire department has twice had to remove smouldering mattresses from the apartment, and the tenant has shown no signs of altering his behavior. "What can be done to remove such a dangerous tenant?" the letter asked.

The Times' advice was to try to resolve the issue directly with the tenant. Failing that, the next step would be to request the landlord--who is responsible for a tenant's negligence or nuisance behavior--to deal with the problem, or even to begin a nuisance eviction proceeding.

An eviction would be difficult to obtain, because:

--the behavior would have to be proven habitual, i.e., not an isolated incident.
--the risks to the other tenants would have to be weighed against the very real possibility that such an eviction would leave the offending tenant homeless.

Often the court in such cases comes to an agreement with the parties involved that effectively gives the tenant one last chance--which in this case, unfortunately, could result in a destroyed building, notes the Times.

CA: MISLEADING PETITION FUROR

Sacramento, CA. April 14, 1994. California's acting Secretary of State Tony Miller advised signers of the Smoking and Tobacco Products Statewide Regulation petition that they may withdraw their names if they feel the petition was misrepresented to them.

"Signers who feel they were misled in respect to this measure may file requests with their county elections official to withdraw their signatures," Miller said in a press release Monday.

Miller said today that he is investigating "dozens and dozens" of reports of misrepresentation of the Philip Morris-sponsored anti-smoking measure which would create a state-wide anti-smoking statute that would nullify any stronger ones passed by localities.

"The proponents, by marketing this initiative as a measure to restrict smoking in California, have stepped over the line and in so doing, they have violated the spirit if not the letter of the law," Miller said.

Lee Stitzenberger of the Dolphin Group, a consulting firm that dfeals with tobacco control laws, denied knowledge of any misrepresentation "at any level."

The ballot requires 385,000 signatures by Aug. 5 to qualify for the November ballot. Stitzenberger said that was unlikely, and that supporters would now aim for the March, 1996 primary ballot.

The procedure for removing one's name from the petition requires writing to one's local county elections official before the petition is filed, and stating clearly:

--the subject of the petition
--that one has signed the petition and
--that one wishes to withdraw his or her signature.

The statement must be signed and contain the person's address. Legibility is stressed.

Note:

A California resident on America Online posted a message that the petition, titled "Californians in favor of Statewide Smoking Restrictions" arrived in the mail, and listed the person to whom it should be returned only as "Donna M." Some days later, a telemarketer called and asked the resident if the petition had been mailed in yet. According to the message poster, the telemarketer said Donna M. was Donna Merit, but when asked Ms. Merit's affiliation, or even what group had hired him, the telemarketer replied he didn't know. The poster "finally saw in tiny print the name Philip Morris on the back of the envelope."

INTERNATIONAL

CANADA: PLAIN PACKAGING STUDIED

Ottawa. April 12, 1994. Canada's health department is studying the feasibility and effectiveness of enacting "plain packaging" regulations for Canada's cigarette industry.

A study to begin soon will assess the impact of various colors and markings to determine which would be least attractive, and whether that unattractiveness would have an affect on sales, especially among the young.

The study will be funded by a surtax on tobacco profits, and should be completed by 1995.

At least one recent study has indicated young people respond positively to fancy packaging, but Canadian authorities said there is no conclusive evidence.

The Canadian Tobacco Manufacturers' Council said generic packaging mandates would be enormously costly, destroy competition, and open the market to counterfeiters.

Canada's present requirements include warning labels which cover 25% of a pack of cigarettes, and state, among other things, "Cigarettes Can Kill."

GREECE: FARMERS BLOCK ROADS AGAIN

Athens. April 13, 1994. Tobacco farmers again blocked roads in Greece protesting low tobacco prices. The farmers blocked a main road and a railroad last week for five days. This time 6 main roads are being blocked, according to Reuter.

The farmers say they will not move until the government gives them its assurance of higher tobacco prices. The government claims it cannot contravene EU directives on tobacco prices.

JORDAN: ROTHMAN'S BRANDS TO FILL GAP

Amman. April 13, 1994. Reuter reports that Rothman's International PLC has reached an agreement that allows Jordan's International Tobacco and Cigarettes Company to produce Rothman's brands under license for the next five years.

"The agreement . . . is an important step in the development of Jordan's cigarette industry and help reduce illegal smuggling," said the chairman of the new firm.

The bulk of the production would be for export to Iraq and the Israeli-occupied territories. Jordan has agreed to buy tobacco and other raw materials for the brands from Rothmans.

Cigarettes are taxed 75% in Jordan, and there is only one domestic manufacturer, conditions which contribute to a smuggling problem that accounts for about 10% of Jordan's 400,000 carton/year consumption.

Rothman's cigarettes include Dunhill, Cartier, Peter Stuyvesant and Rothmans King Size Filter.

CHINA: PM TO SPONSOR PRO SOCCER

Beijing. April 13, 1994. After a humiliating defeat by Iraq and its failure to qualify for the World Cup finals in the US, China has moved to commercialize its professional soccer league.

"Our aim, according to the plan, is to enter the World Cup by the end of this century," Wang Junsheng of the Chinese Football Association (CFA) said.

The new Marlboro Soccer League will consist of 10-12 teams. Each team may hire up to 5 foreign players, and play 3 per game.

"This is trademark promotion, not cigarette advertising. We are building the value of our trademark for all the products we sell in China," said Goddard Kwong of Philip Morris Asia Inc..

Soccer is the most popular sport in China, and Marlboro is the most popular foreign cigarette. Much of the supply of Marlboros is smuggled in, a major problem for authorities.

Marlboro also sells a range of sporting goods and clothing. Advertising is banned on Chinese TV, but Marlboro sponsors many sporting and cultural events.

The new league will broadcast at least one Sunday afternoon game a week on state television.

BUSINESS

SHELTER FOR SMOKERS

Westland, MI. April 12. Smokers forced outside their offices may get a little more protection from the elements now that a Michigan company has started promoting it's "Air-Flo Smoking Shelter, a free-standing, translucent, plasticized structure complete with walls and ceiling.

'Sometimes it's hard to know what business you're supposed to be in,' said Duo-Gard Industries Inc.'s president Albert Miller, who turned sales around three years ago by marketing the product not as a greenhouse but as a structure to meet the pressing social demands of the day.

Champion Spark Plug, General Motors, and over 100 VA hospitals have bought the shelters.

Miller pointed out a further benefit to companies--finding smokers on a break.

"They're not sitting in their car in the parking lot or standing behind a Dumpster at the back of the building," he says. "Now they have a smoking shelter, and people know where to find them."

The shelters start at $1400 for a 4' x 4' model. A 12' x 25' model can fit 40 people. Ventilation is through windows and an vent near the roof. Fans, lighting, heating and air conditioning units and benches are options.

"DEATH" CIGARETTES REBORN

London. April 11, 1994. The Enlightened Tobacco Company is seeking to enter the mainstream cigarette market with its skull-and-crossbones emblazoned "Death" cigarettes.

"We are completely re-positioning the Death cigarette brand from a novelty to a genuine brand of cigarettes for repeat purchase... The gap in the market that we are filling is one based simply on the truth," said a representative of the company, which begins a $750,000 advertising campaign tomorrow.

The spokesperson gave a hint as to the advertising angle: `What a Death cigarette smoker will be demonstrating is that they have made an educated choice to smoke in full knowledge of the facts...no one could possibly claim that they were misled about the effects of smoking when they were smoking a cigarette called Death."

The cigarettes have continued to sell "surprisingly" well as a novelty item since their 1992 introduction. The company raised almost $2 million recently through a private placing in which shares sold at about $1.50.

PM DENIES 'MARLBORO EXPRESS' RUMORS

New York, NY April 14, 1994. "Marlboro Express," a short, fast-smoking, high-nicotine cigarette meant for smokers on short breaks, may be just a puff of smoke after all, at least according to Philip Morris, which denied it had plans for such a product.

And even if there were, said PM CEO William I. Campbell, he wouldn't tell.

Dow Jones reports having heard rumors of the cigarette since last September. Though 20% shorter, it would contain the same amount of tar and nicotine as a regular Marlboro.

PM MULLING FOOD, TOBACCO SPLIT

April 14, 1994. The same day its CEO was testifying before a congressional panel, Philip Morris it was considering a split between its food and tobacco businesses.

Over the years the exceptionally profitable cigarette companies, feeling the tobacco business to be unfairly undervalued, have tried to diversify, hoping a food or consumer products arm would bring up the value of the company. In fact, the new merged companies were unable to slough off the taint of tobacco. And lately, with increased governmental and public attention, the situation has gotten worse. Philip Morris' market value has declined over $9 billion--enough to buy the entire US tobacco unit--in the last two months.

RJR attempted to split its tobacco and food arms last year, but failed largely due to "Marlboro Friday" and the resulting price war. RJR is now trying again, and is on track with a forthcoming issue of $2 billion of preferred stock tied to the tobacco arm.

60% of Philip Morris' profit is from tobacco. The company also sells Miller Beer, Kraft cheese, Oscar Mayer Weiners, Post cereals, Kool-Aid, Jell-O and Maxwell House coffee.

RJR Nabisco's food products include Life Savers, Planters, Cream of Wheat, Oreo, Premium Saltines, Ritz Crackers, Teddy Grahams, Triscuits and Wheat Thins

SOCIETY

PHILIP MORRIS BOYCOTT LAUNCHED

Boston, MA. April 13, 1994. An international boycott of Philip Morris products has been announced by INFACT, the consumer activist group that led boycotts against Nestle ("to change its life-threatening marketing of infant formula in the third world") and General Electric (in protest of its involvement in nuclear weapons.)

The group is demanding that Philip Morris, and the tobacco industry as a whole:

-- Stop marketing and promoting tobacco to children
-- Stop deceiving people about the dangers of tobacco
-- Stop influencing public policy on issues of tobacco and health."

"The tobacco industry must be held directly accountable for deceiving people about the dangers of tobacco and for marketing their deadly and addictive products to children," said Elaine Lamy, INFACT's Executive Director."

"Philip Morris derives 56% of its revenues from food and beer. As consumers, we will pressure the company directly to change. We've had it -- it's time for a boycott," said Lamy.

Events in Seattle, San Francisco, Boston and other cities will be held on April 19 to focus attention on the campaign.

Products to be boycotted include Miller beer, Kraft cheese, Oscar Mayer meat products, Post cereals and Marlboro cigarettes.

POLLS

Time/CNN poll, April 1994 by Yankelovich Partners:

Total American smokers and ex-smokers: 58%

Workplace Restrictions:

Non-Smoker Total

For Total ban 44% 35%
For Special areas 52% 59%
For No restrictions 3% 5%

Restaurants:

For Total ban 47%
For Special areas 48%

Should the federal tax on
cigarettes be raised $1.25
for health care reform?

Yes 58% 49%
No 36% 46%

Which do you agree with more?

Smoking is a bad habit
and society should do
everything possible to
stamp it out. 31% 25%

It's bad, but everyone
should have the right to
make his or her own choice
whether to smoke. 67% 73%

Should the government
reclassify cigarettes as
a drug and regulate them
like alcohol?

For reclassifying 61%
Against 35%

About the restrictions, Walker Merryman of the Tobacco Institute said, "Most people are in favor of restrictions, which is what we support."

About the reclassification of cigarettes as a drug, he said, "the stunningly transparent propaganda campaign that the anti-smoking groups have been conducting have temporarily confused Americans."

ABC News Poll 3/27/94

Should the Government Regulate Nicotine in Cigarettes?

Smokers Non-smokers

Yes 54% 70%
No 43% 30%

THE FUNNY PAGES

***Jay Leno, 4/14/94

"The presidents of America's tobacco companies testified today that there is no proof--absolutely no proof--that cigarettes cause cancer.

Oh, YEAH--No _living_ proof."

***Kevin Nealon, Sat. Nt. Live 4/17/94::

This week 7 top tobacco company CEOs testified before a congressional health committee. The executives said they believe nicotine is not addictive. They also said asbestos is a good source of fiber.

The president of the American Tobacco Company said cigarettes were no more addicting than Twinkies. He later clarified his statement by saying what he meant was, Twinkies have a longer shelf-life than most smokers.

**---------------------------------------------------------

SM Roundup 04/25/94

FEDERAL

Smokefree Bill Savings
FTC to Regulate Low-tar Ads?
Federal Laws which Exempt Cigarettes:

LOCAL

FL: State Can Sue Tobacco Cos. over Health Costs
CA: Willie Brown TV Show Furor

INTERNATIONAL

COLOMBIA: Cig Industry Dying
BULGARIA: Rothmans Gains Toehold
JORDAN: Govt Bldgs Go Smokefree
BURMA: "Polo Nine" for Export
CHINA: Marlboro Soccer Begins
S. KOREA: Marlboro Boycott Crumbling
JAPAN: Consumption Up, Rates Down

BUSINESS

PM 1Q: Profits & Roseanne
RJR 1Q: Hurting
Tobacco & Potatoes

SOCIETY

Black Teen Smoking Declines
Smokefree Malls

SPORTS

Schott's Smokes

PEOPLE

Cigarette Brat Pack

FEDERAL

SMOKEFREE BILL SAVINGS

Washington. April 21, 1994. The EPA has released a study that found that the proposed Smoke-Free Environment Act, which would severely restrict indoor smoking in public buildings, could prevent up to 67,000 premature deaths among both smokers and nonsmokers, and save society up to $72 billion every year.

"If we care about saving lives or protecting children or even saving money, the Smoke-Free Environment Act makes good sense," said the bill's sponsor, Rep. Henry A. Waxman (D-CA). "The numbers indicate that there's not been anything close to this cost-benefit ratio in any proposal that we've seen in a long, long time in the environmental or health area."

The cost breakdown:

--Up to $71 billion in reduced deaths and medical costs among nonsmokers.
--$4 - 8 billion in building maintenance costs, such as emptying ashtrays.
--$2 - 5 billion in reduced asthma, lower respiratory tract and ear infections in children.
--Up to $700 million in smoking-related fires.
--$500 million in reduced absences.

According to the report, the bill would also:

--cut down on the number of operations on children for removal of tonsils and adenoids, and the relief of ear problems.
--lessen children's asthma and respiratory and ear infections.
--cause 3-6% of smokers to quit, and prevent 50 million from starting.

The costs of implementing the proposal were listed as $5.5 billion a year, and include::

--Up to $3.6 billion in construction of smoking lounges.
--Up to $500 million in implementation of smoking policies.
--Up to $400 million in enforcement costs.

The report, titled "The Costs and Benefits of Smoking Restrictions," was requested by Waxman. Its release was timed to coincide with the upcoming vote on the bill next week in Waxman's subcommittee.

EPA economists said the savings were projected by assigning a dollar value to the increased years of life due to protection from second hand smoke, and by adding savings in building operation and maintenance.

The study took six months, but author David Mudarri warned it should not be taken on the same level of a formal risk assessment. He said, "When judgments had to be made, I always erred on the side of being conservative."

The Washington Post cited as an example Mudarri's use of the American Heart Association's figure that 35,000-40,000 people die a year from secondhand smoke. Mudarri took the lower figure for the upper range of his estimate and then reduced it by 25%. He then reduced it further to account for the fact that 27% of secondhand smoke exposure is in the home.

The report was approved for release by the White House budget office and the president's Council of Economic Advisers.

John Banzhauf of Action on Smoking and Health said the report's conclusions were too conservative, and that the report didn't factor additional savings due to people who would quit smoking under such a ban. Banzhauf estimated yearly savings of at least $100 billion.

A spokesperson for the Tobacco Institute said the findings "are arbitrary because, in the first place, the EPA has failed to show that environmental tobacco smoke is a cause of disease in non-smokers." The Institute also said most children are exposed to second hand smoke at home, which is not covered in the bill.

The Washington Post quoted an analyst at the Competitive Enterprise Institute in Washington who said, "You can't put a price on individual liberty. That is precisely what is diminished in a national smoking ban."

The report estimated that more than 1 million smokers might quit immediately should the ban become law.

The AP pointed out that the cost analysis did not factor in the results of decreased earnings for the tobacco industry.

FIRE-SAFE CIG BILL

Washington. April 21, 1994. Rep. Joseph Moakley (D-MA), haunted by a 1984 cigarette-caused fire in his district in which 5 young children were killed, is climaxing a ten year struggle by introducing a bill that would force cigarette makers to make their cigarettes more fire-safe.

"It's not a bill to do away with smoking. It's just a bill to do away with setting people on fire because of smoking cigarettes," he told a House Energy and Commerce subcommittee.

The bill would require for the first time federal fire safety standards. The standards would be set by the Consumer Product Safety Commission, and would require cigarettes to self-extinguish, rather than smolder

The standards institute already lists 5 cigarettes as fire-safe--Virginia Slims Super, More, More White Lights, Capri Light and Eve Light.

RJ Reynolds Tobacco Co. wrote the committee saying that "Despite our continuing efforts, we have not successfully developed a cigarette that consumers find acceptable and that is less likely to start fires in real-world situations if carelessly handled."

The tobacco industry claims:

--The National Standards' fire-safe test does not meet real-world conditions
--The industry has not been able to make a fire-safe cigarette that smokers will accept and buy.
--Such efforts would be enormously costly.
--Such efforts could make cigarettes more toxic.

However, Moakley also released to the subcommittee a 1987 internal Philip Morris document that he said indicated the company had tested fire-safe compared to regular cigarettes and had found smokers could tell no significant differences.

The Justice Department is investigating whether tobacco companies have been conspiring to keep fire-safe cigarettes off the market.

44,000 fires in 1990 were cigarette related, leading to 1200 deaths, 3,360 injuries and $400 million in property damage, according to the Center for Fire Research at the National Institute of Standards and Technology

FEDERAL LAWS WHICH EXEMPT CIGARETTES:

Food, drug & Cosmetic Act
Consumer Product Safety Act
Fair Packaging & Labeling Act
Federal Hazardous Substances Act

FTC TO REGULATE LOW-TAR ADS?

Richmond, VA. April 19, 1994. The New York Times, in an "Advertising" article by Eben Shapiro, brought attention to the pressure on the Federal Trade Commission to more closely regulate the advertising of low-tar, low-nicotine cigarette brands.

FDA Commissioner David Kessler criticized the FTC over the issue last month in his testimony to Congress, saying it's "a myth" that smokers actually get lower tar and nicotine from such cigarettes.

He criticized the FTC's methods of measuring tar and nicotine content--the puffing machine used takes one two-second puff a minute, always in exactly the same way, whereas studies show, according to Shapiro, "smokers compensate for the lower tar and nicotine levels in low-tar cigarettes by inhaling deeper, taking more frequent puffs, and ultimately smoking more cigarettes." Smokers can also block the tiny ventilation holes in the filters with their fingers.

Shapiro mentioned Philip Morris' "You Bet You Can" campaign for its Merit brand. Critics charge that the ad, though ostensibly saying a smoker can get great taste from a low-tar cigarette, actually implies that a smoker can cut down on the harmful effects of smoking with a low-tar cigarette.

Shapiro said a possible benefit of the cigarettes is that some smokers have been able to quit by using a technique called "nicotine fading," continuing to switch to lower-nicotine cigarettes until the smoker can quit entirely.

Low-tar brands such as Carlton and Merit account for almost 60% of the US cigarette market. In 1991 the industry spent a whopping $2.94 billion promoting such brands--64% of the industry's total advertising expenditures of $4.6 billion.

Responding to pressure from health groups and some members of congress to act on low-tar cigarette advertising, an FTC official said, "We are aware of the limitations of the numbers. We are looking at a range of possible options."

Last year the FTC refused to act on its own staff's recommendation to ban the Joe Camel ad campaign.

In 1987 the FTC shut down its own lab, and now accepts data from individual tobacco companies, which use FTC methods.

LOCAL

FL: STATE CAN SUE TOBACCO COS. OVER HEALTH COSTS

April 19, 1994. Florida has passed a law that would allow the state to sue tobacco companies for monies spent on medical treatment for tobacco-related diseases in poor people, according to Carl Hiaasen in his Miami Herald column today. Under the law, Florida would not need to sue for each individual case, but could "pursue a broad claim against all cigarette makers, based on the total number of patients"

Hiaasen writes, "The bill, which passed unanimously, slipped by tobacco industry lobbyists late in the session. They're furious and will surely launch a counterattack."

CA: WILLIE BROWN TV SHOW FUROR

Sacramento. March 23, 1994. RJ Reynolds grandson and anti-smoking activist Patrick Reynolds accused California Assembly Speaker Willie Brown of accepting RJ Reynolds sponsorship of the very TV show on which Reynolds was appearing this week.

Reynolds said near the end of the show, "I understand from an employee of this show that it is financed by R.J. Reynolds, and I don't like it."

Brown replied angrily, "You can't say that R.J. Reynolds, which you received a fortune from, is sponsoring anything connected to this station. You've got to have the facts."

The show's producer later said the charges were "absolutely ludicrous," but the incident added fuel to years-long controversy concerning Brown's ties with the tobacco industry, according to McClatchy News Service's Dan Walters.

INTERNATIONAL

COLOMBIA: CIG INDUSTRY DYING

Bogota. April 22, 1994. Reuter's Michael Stott reports that the Colombian cigarette industry "has been virtually bankrupted by a torrent of cheap contraband Marlboro." The contraband market, says Stott, is mostly financed by Colombian drug money.

BULGARIA: ROTHMANS GAINS TOEHOLD

Sofia. April 22, 1994. Rothmans has bought an 8.65% share in a Bulgarian cigarette factory, thus becoming the first foreign business to gain a toehold in the industry that once the main supplier to nearly the entire East Bloc.

Bulgaria's industry has been hard hit in recent years by the collapse of its trade links to the countries of the former USSR, and by the influx of foreign brands into those countries.

Exports of its cigarettes and its famous Oriental tobacco have dropped by over 50% over the last 4 years.

The sale of over 55,000 shares in Sofia BT AD, Bulgaria's largest cigarette factory, was part of the country's first step towards inviting foreign capital to help rebuild the industry. Rothman's bought almost the entire block of available shares for about $1 million.

JORDAN: GOVT BLDGS GO SMOKEFREE

Amman. April 20, 1994. Jordan's prime minister, Abdul-Salam al-Majali, a former eye, ear and nose doctor, has banned smoking in all government buildings. "Smoking is bad for the health of the smokers and those who do not like to smoke but are forced to inhale the smoke of the smokers," he said, according to Reuter.

The rule will affect 300,000 employees.

BURMA: "POLO NINE" FOR EXPORT

Rangoon. April 18, 1994. After crushing a democratic movement in 1988, Burma's military renamed the country Myanmar. Though it has few friends in the international community, Myanmar's generals are now inviting foreign investment and encouraging private enterprise to help build the country's export business.

Myanmar had its first trade fair April 1-12. One of the products being promoted for export was a new and very cheap Burmese cigarette called Polo Nine.

"A lot of people believe the game polo was invented in Burma and everybody here considers the number nine to be lucky, hence the name Polo Nine," said Thein Win, of Myanmar Glacier Tobacco Ltd., a joint venture with South Korea's Glacier Tobacco Ltd.

Polo Nine will wholesale for US$2.50 a carton. It is made of locally-grown Burmese Virginia tobacco.

Win hopes to sell the brand into the Russian and Chinese markets. "Just because of the human rights situation, do I have to stop my work?" he said when asked about the ruling State Law and Order Restoration Council..

CHINA: MARLBORO SOCCER BEGINS

April 17, 1994. The first game of China's new Marlboro Soccer League was televised live this Sunday. Though cigarettes may not be advertised on Chinese television, "the ground was covered in billboards for Marlboro," Reuter reports.

S. KOREA: MARLBORO BOYCOTT CRUMBLING

Seoul. April 20, 1994. Ever since South Korea's trade doors were opened to the Marlboro Man in June 1998, South Koreans have been successful in a patriotic grass-roots movement to resist foreign cigarettes, but the effort appears to be starting to fail.

"Nobody smokes foreign cigarettes here. Smokers have never smoked them and we hope to keep it that way," a businessman in Hwachon county, one of the areas to continue resistance, told Reuter.

"There is no need to protest to the government or be angry at the Americans. Just as long as we don't buy them, foreign goods should be no threat," said a Hwachon resident.

Before 1988, those caught smoking a foreign cigarette were fined up to US$50. After liberalization, students led the fight to boycott them.

But in 1993, sales of foreign cigarettes rose by over 32%, while the domestic brands, manufactured by the Korea Tobacco and Ginseng Corp. (KTGC) rose only 6%.

Foreign cigarettes accounted for 10% of S. Korean sales in 1993, up from 7.4% in 1992. 40% of foreign cigarettes are bought by S. Koreans under 30. 80% of the foreign cigarettes sold are Philip Morris' Marlboro, and Japan Tobacco's Mild Seven.

The KTGC has begun an ad campaign promoting Korean cigarettes.

"Isn't it ironic? Students demand that the U.S. stop pressuring South Korea into opening up its markets, and yet they are the ones smoking foreign brands," said an official for the KTGC.

JAPAN: CONSUMPTION UP, RATES DOWN

April 20, 1994. While Japan's consumption of cigarettes rose for the fifth straight year, the percentage of adult smokers dropped for the second straight year, the Wall St. Journal reports. The 1.1% rise in consumption is tied to a 1.3% rise in the adult population.

36% of Japan's 94 million adults smoke. Foreign cigarette consumption also rose sharply, taking 18% of the Japanese market.

BUSINESS

PM 1Q: PROFITS & ROSEANNE

Richmond, VA. April 19, 1994. Philip Morris' shareholders' meeting was remarkably quiet this year.

Shareholders were told the good news about recent financial reports:

First quarter earnings, allowing for a 1993 1Q accounting change tied into a layoff of 14,000 workers, were down about 3%. This was above analysts's expectations that earnings would suffer even more because of the cigarette price differential due to last April's Marlboro Friday.

Chairman Michael Miles said, PM was on track to recover strongly from the ravages of 1993.

Last year, Philip Morris' share of the US retail cigarette market hit a record 45.5%. Marlboro, PM's flagship brand, also gained a record 27.4% share, a clear sign that the "Marlboro Friday" strategy had worked as planned.

Internationally, operating revenues and income from tobacco rose significantly, and record market shares were achieved in Germany, Italy, France, Finland, the Czech Republic, Japan, Singapore, Argentina and the Dominican Republic.

78% of voting shares were present. All 18 proxy nominees were elected directors, and Coopers & Lybrand were approved as auditors.

There were four stockholder proposals:

--one regarding trading on the National Cheese Exchange
--one regarding "economic conversion for tobacco farmers"
--one regarding environmental tobacco smoke
--one trying to rescind the company's Shareholders Rights Plan or "poison pill."

All were defeated.

According to Reuter's Lorrie Grant, a doctor asked Michael Miles why the company pulled its Kraft ads from a Roseanne show that featured a lesbian kiss, when the company gave "long-standing substantial support" to Penthouse magazine.

The doctor then displayed a three-page Marlboro ad from the magazine. He said Penthouse was distasteful, "encourages unsafe sexual practices and is degrading to women."

Miles replied, "I don't really think I have a comment on that."

RJR 1Q: HURTING

RJR Nabisco Holdings Corp announced earnings were down this quarter, and tobacco earnings were especially hard hit--US net sales were down 19%, and international net sales were down 12%.

RJR's food sales grew slightly in both domestic and international markets.

While some analysts felt RJR had been effective with its cost-cutting measures and increased profit margins in the international market, others worried about the erosion of domestic profits and the possibility of another price war.

TOBACCO AND POTATOES

West Lafayette, IN April 19, 1994. Researchers at Purdue University announced they have succeeded in genetically engineering a potato plant that would be more naturally resistant to the fungal infestation (late blight disease) that caused the Irish potato famine of 1845-46--and that threatens Peru today.

The secret: a protein, coded for by a gene in tobacco, that can kill the fungus.

Late blight disease is the most virulent pest attacking potato crops in the world, and has grown resistant to current pesticides. In 1991, a variant made its way past the 140-year US quarantine, and has created widespread concern. Under the proper weather conditions, the disease can wipe out an entire crop quickly and completely. 1 million people died in the Irish Potato Famine, and another 1 million had to emigrate.

"It's a pretty nasty disease that's been controlled in the United States through the use of pesticides, hygiene and quarantine," said a Purdue professor. "The fungus has to have the precise weather conditions to develop, but when those are present, a farmer can go into the field later and the plants are all down on the ground, wiped out completely."

The gene is taken from the tobacco plant, combined with a promoter gene sequence to produce enough of the fungus-killing protein to enable the plant to stave off the fungs for one or two days, and then the genetic material is transferred to the potato plant. The fungus needs exact weather conditions to grow in, and a two-day period of defense can be crucial.

The protein, osmotin, is not known to have any effects on humans, and is in fact resident in every plant, often produced under stress.

The work needs further refinements to make the plant commercially viable, but researchers are already working to apply the gene to corn, soybeans, peanuts and other fungus-susceptible plants.

SOCIETY

BLACK TEEN SMOKING DECLINES

April 15, 1994. CBS-TV's Up to the Minute late night news program covered the astonishing decline in black teen smoking. The program cited the following statistics:

Teen Smoking 1976:

Blacks: 26.8%
Whites: 28.8%

Teen Smoking 1993:

Blacks: 4.4%
Whites: 22.9%

CBS attributed the decline to

--the influence of black leaders and ministers
--the black communities' rebellion against RJR's proposed "Uptown" cigarette brand in 1990. Secretary of Health and Human Services Louis Sullivan was especially outspoken about the targeting of black smokers.
--aggressive anti-tobacco campaigns aimed at black women. A California ad from the Proposition 99 funds was shown.

The program also noted that black teen drug use in general is has plummeted. Michael Eriksen of the CDC said, "We have a real success story out there."

But no one really knows how it has happened.

SMOKEFREE MALLS

Bloomington, IN. April 19, 1994. The Simon Property Group, an Indiana based company, has asked all 70 of its malls in 30 states to implement smoking policies by July 1.

The Simon Group also co-owns the Mall of America in Minnesota, the largest mall in the country.

SPORTS

SCHOTT'S SMOKES

Cincinnati, OH. April 21, 1994. While Joe Robbie Stadium in Miami, home of the Marlins, went quietly smoke-free on opening day, back in Cincinnati, foul-mouthed Reds owner Marge Schott spent the first four Cincinnati games in her front-row seat smoking Carltons, though a new law prohibits smoking at Riverfront Stadium except in special areas of the concourse, or in private boxes. She told the AP she didn't care if anyone complained.

The Cincinnati City Council has threatened to cite her. Fines for smoking are $100. Schott avoided a confrontation this Tuesday during the Pirates game by watching it from her owner's box, where smoking is permitted.

Schott was suspended from baseball last season for using racial slurs.

One Cincinnati paper editorialized, "Maybe Marge Schott is just blowing smoke. Or maybe she's giving us one more reason why she's not fit to own baseball's oldest professional team."

Another said, "Nobody wants another ugly public incident that could stir up more ill will and hostility among Schott, the city and the public. The residue of previous dust-ups still hangs over Cincinnati."

PEOPLE

CIGARETTE BRAT PACK

Hollywood, CA. April 12, 1994. At a time when teen smoking is skyrocketing (smoking among high school seniors rose from 28% to 30% between 1992 and 1993, according to the National Institute on Drug Abuse) a new brat-pack of movie stars is proselytizing smoking in life and in their movies, according to an article today by Jeffrey Wells of the New York Post.

--Matthew Modine, who wrote and produced a short film paean to cigarettes called "Smoking," recently rhapsodized about it in a Time magazine article ("there are times which are just fantastic cigarette moments .... There's nothing more comforting than holding a burning ember in your hands and sucking the smoke into your lungs"). The quote drew the censure of surgeon general Joycelyn Elders, who, said a spokesperson, "would equate an actor's openly supporting cigarette smoking with the cigarette industry's advertising, which she feels is aimed at young people."

--Charlie Sheen, an avid cigar smoker, recently made a Parliament commercial for Japanese TV.

--Johnny Depp has said, "If I could grow another mouth to smoke out of, I would," and, according to Sheen, makes it his mission to convert at least one person on the set of each of his films to smoking.

Other smoking aficionados and their films include Kiefer Sutherland, Lara Flynn Boyle, chain-smoking comic Denis Leary ("The Ref"), Winona Ryder and Ethan Hawke ("Reality Bites") Tim Roth ("Bodies, Rest & Motion") Marisa Tomei and Rosie Perez ("Untamed Heart").

The smoke-filled production of "Reality Bites," said a screenwriter, made non-smoking director Ben Stiller a virtual "prisoner" on the set.

Director Tony Bill said, "Actors love cigarettes for the same reasons people smoke in real life. They're a great prop, an emotional crutch."

Wells says a cigarette company often will refuse to let their logos be seen if the smoker is a negative character. "But they'd be crazy not to okay the use of their product by a handsome young actor hoping that a wreath of blue smoke will do for him what it did for Bogie," Wells writes.

It is natural that characters in certain period movies smoke, but Robert Redford, director of "A River Runs Through It" and the 1957-set "Quiz Show," said "If I made a modern-day film, I would certainly not use cigarettes in any way." Other directors who eschew smoking in present-day films include Rob Reiner ("A Few Good Men") and Jonathan Kaplan ("The Accused").

**---------------------------------------------------------

SM Roundup 04/30/94

HEALTH

"Breathing Space" For Emphysema Victims
Smoking & Mothers' Milk
Finnish Vitamin Study Criticized
The "Juiceman" And ETS

FEDERAL

PM Nicotine Research Testimony

LOCAL

MA: Minors Buy Cigs Easily
NY: Kids' Ads On Bus Shelters
PA: Ticket For Smoking In Car With Kids?
CO: Public Schools Going Smokefree
WA: Cadmium Danger
CA: Smokefree LA City Gov't

INTERNATIONAL

BRITAIN: Cig Smuggler Hotline
GREECE: Economy Minister Dies
UGANDA Opens Cig Market, Angers B.A.T.

BUSINESS

BAT Buys American Tobacco For $1B Cash

SOCIETY

Co-op Smoking
Lockheed Bans Smokers
Pharmacist In Back, "Harm-Assist" In Front
Doctors Stop Smoking
TV: Washington Week In Review

SPORTS

SF Giants Coach Bonds Quits Smoking

PEOPLE

Presidential Strokes Common
Castro Misses His Cigars
On Stage Smoking Incident

HEALTH

"BREATHING SPACE" FOR EMPHYSEMA VICTIMS

St. Louis MO April 27, 1994. A promising new/old treatment--removing diseased parts of the lung in order to give allow some literal "breathing space"--seems to offer hope for at least some of America's 1.6 million emphysema patients.

In emphysema, a disease considered by the medical community to be most often caused by cigarette smoking, tiny air sacs in the lung overinflate and become damaged, decreasing the amount of oxygen transported to the blood. Gradually, the lungs stiffen and enlarge until they fill the cavity.

Breathing ability improved in all 20 patients operated on, according to surgeon Joel D. Cooper of Washington University in St. Louis. Some of the patients were even able to free themselves from supplemental oxygen.

Dr. Cooper pointed out the operation does not cure emphysema, and is not for everyone. "Nothing in medicine is ever totally successful," he said.

The American Lung Association said the operation "must still be regarded as a research procedure and needs continued, careful study before it could be recommended for other patients"

Cooper was motivated to try the treatment based on his review of an all-but forgotten and sketchy 1959 report which found the operation seemed to help 75% of patients.

Cooper began offering the surgery to some patients too old for lung transplants a year and a half ago. He excluded those patients who continued to smoke.

SMOKING & MOTHERS' MILK

Houston, TX April 26, 1994. Smoking mothers produce less milk, with less fat and fewer calories, according to a study by the Baylor University College of Medicine.

11 of the 40 mothers of premature babies who were asked to bring their milk to the hospital for the study were smokers. The smokers produced 46% less milk, 19% less fat, and 10% fewer calories per ounce than the nonsmokers.

Dr. Judy Hopkinson, a Baylor pediatrician, theorized that smoking may lower levels of the milk-producing hormone prolactin, or that the results may reflect a change in the mothers' fat metabolism produced by smoking.

Mothers who smoke should definitely continue breast-feeding their baby, said Hopkinson. "Babies have a special need for the extra immune protection provided by breast milk if they are going to be around mothers who smoke," she said. Smoking mothers may need to feed their babies more frequently to make up for nutritional deficiencies.

FINNISH VITAMIN STUDY CRITICIZED

The New York Times of April 28, 1994 published three intriguing letters about the recently-released results of a study of 29,000 Finnish smokers. The study had found lung cancer rates actually went up among the smokers taking beta-carotene vitamin supplements. The writers pointed to apparent missteps in the study concerning not only the cancer process itself, but also potentially uncontrolled-for factors such as the use of a carcinogenic dye and the Chernobyl disaster. Two of the writers questioned the timing of the release of early data from this ongoing study.

--E. L. Wheeler, a Fairfield, N.J., biochemist-researcher in food and nutrition wrote on the initiation phase of the cancer process. He said that a carcinogen can react with genetic material to cause a mutation ("initiation"), but that such a damaged gene, if it escapes repair mechanisms, can lie dormant for decades--until activated to grow uncontrollably by another agent or virus.

Protection by vitamins, Wheeler said, "would most likely be limited to the initiation stage of the cancer process," when they may prevent the mutations from occurring in the first place.

"Since the study involved only long-term smokers," he wrote, "it may be assumed that many were already 'initiated' before the study began."

Since the ongoing study only covered 5-8 years, the treatment may have been "too little, too late for the test subjects." In that case, Wheeler asked, why were the results were released now.?

--Michael A. Weiner, a senior research fellow at the University of Health Sciences-Chicago Medical School said the New England Journal of Medicine article on the study mentioned that "all formulations were colored with quinoline yellow."

Quinoline yellow, Weiner says, "is an artificial food dye with known carcinogenic properties." Weiner says this is an apparently uncontrolled-for confounding variable, and could be responsible for the unexpected results. He pointed to 200 other studies showing the benefits of Vitamins E, C and beta-carotene.

"Why the study would permit the use of a toxic dye to color supplements is open to speculation," he wrote. "That this toxic dye renders the study invalid is not."

--Marjorie A. Laughlin, MD, from Simi Valley, CA, pointed out that the study began right after the 1986 Chernobyl disaster. The heavy fallout which Finland received was apparently uncontrolled for.

Laughlin also questioned why the report was released now, precisely when there is great debate over vitamin supplements in Congress.

"Coupled with these facts," Laughlin wrote, "I cannot discount many earlier studies validating the benefits of antioxidants."

THE "JUICEMAN" AND ETS

From "The Juiceman's Power of Juicing" by Jay Kordich pub by Morrow, ISBN # 0-688-11443-1

Effects of secondhand cigarette smoke and other pollutants. I recommend green leafy vegetables and also strawberry juice for diminishing the pollution collecting in your lungs when you breathe cigarette smoke. Strawberries contain ellagitannin, which is converted by the body into ellagic acid. A recent study by scientists at Case Western Reserve University suggests that ellagic acid may prevent environmental chemicals from converting into cancer-causing substances in the body. This goes for smokers as well as nonsmokers who are exposed to cigarettes. . . Celery juice is beneficial too for cleansing the body of excessive carbon dioxide. Watercress and parsley are great as well..."

FEDERAL

PM NICOTINE RESEARCH TESTIMONY

Washington. April 29, 1994. The heads of a research lab told of a tobacco company's top-secret nicotine research project which--when it was clear it was going in an undesired direction--was soon abandoned, its lab dismantled, its scientists let go, and its research results suppressed.

11 years ago at Philip Morris laboratories, in tests so secret lab animals were brought in at night, under covers, tobacco researchers not only found "strong evidence" of nicotine's addictiveness, but also found another potentially addictive element of cigarettes, a psychoactive chemical (acetaldehyde) which when combined with nicotine greatly enhanced the addictiveness of each, according to testimony before a congressional subcommittee by two of the researchers.

Shortly after apprising Philip Morris executives of the turn their research was taking, the laboratory was dismantled, and the researchers were offered either continued pay while they looked for other jobs, or some considerably lesser position with the company--(you) "may have to sweep the floors," they were told.

It "was clear that they didn't want us to be there," testified Dr. Victor DeNoble, at that time an associate senior scientist and project co-leader with Paul Mele, who also testified today, from 1980-1984..

LAB RESULTS

DeNoble and Mele began working in 1980 at the Philip Morris Research Center in Richmond, Va. as project leaders for the behavioral pharmacology laboratory. They were part of a Philip Morris project that had started out in the 70s to learn everything there was to know about nicotine. The goal was to someday develop a less health-damaging nicotine substitute, something which would have nicotine's effect on the central nervous system, but not have nicotine's deleterious effects on the heart.

That goal, surprisingly, was achieved.

Today, released from a lifelong agreement with Philip Morris not to discuss their work without Philip Morris' permission, testified today to the following research results:

--Animal self-administration, though not proving addiction in humans, is considered an important indicator that would at least warrant further study. DeNoble and his researchers devised a way to administer nicotine intravenously in the kind of short bursts commonly taken in by smokers. The rats could dose themselves with nicotine, acetaldehyde, saccharine, a saline solution, or other flavored substances by pressing a lever.

Rats would press the saline solution lever 12 times in 12 hours. Once chronically injected with nicotine, they would press the nicotine lever 90 times in 12 hours, and the nicotine/acetaldehyde lever 500 times in 12 hours (acetaldehyde occurs in tobacco smoke, and is also thought to figure in alcohol addiction).

DeNoble concluded that nicotine was a reinforcing agent that "had an abuse liability," and that the rat tests were "a real strong indicator" that nicotine is addicting and that its use "would result in an enhanced reinforcing effect on humans."

--The lab found a possible nicotine analogue, or substitute: a man-made chemical called 2'methylnicotine, which while giving a similar "high" to the central nervous system, did not appear to have the harmful effects on the heart. Similar substances have been found since by outside researchers, though Philip Morris has abandoned their efforts in this direction, according to DeNoble.

--The lab found evidence that sidestream smoke had a strongly toxic effect on plants--far more so than smoke directly inhaled. This data was collected two years before the 1986 surgeon general's report first determined that secondhand smoke was harmful.

--The lab found that the nitrosamines in cigarette smoke impaired the healing processes of lung tissue.

--The lab found that tobacco extracts daubed on the skin of mice produced lesions and tumors.

The latter two results have been found since by other researchers, but had they been published by a tobacco company, the effect on the scientific and medical communities would have been profound.

Although DeNoble said his studies led him to think nicotine was addictive "on a level comparable to cocaine," the lab was unable to prove nicotine dependence, or to find indications of withdrawal symptoms.

"You cannot prove addiction from a rat, but you can say that further work is needed," DeNoble told the panel.

Though their research did not prove nicotine was physically addicting, DeNoble said, since 1983 there has been an overwhelming body of evidence proving that it is.

CHRONOLOGY OF EVENTS

Both scientists signed a lifelong agreement not to discuss their work without Philip Morris' permission at the time of their hiring. They were released from that pledge for the purpose of this hearing.

A psychologist, Dr. DeNoble started work for Philip Morris in 1980.

In May of 1983, DeNoble submitted an article on his work to the respected journal Psychopharmacology.

In June of 1983, DeNoble went to New York to report on the lab results to Philip Morris executives. DeNoble said one asked, "Why should I risk a $1 billion industry on rats pressing levers?"

In August of 1983, lawyers filed a landmark suit against several cigarette companies on behalf of Rose Cipollone. The suit charged that cigarettes were addicting, had caused her lung cancer, and that the tobacco companies had withheld their knowledge of this possibility. An important result of the case was a clear 1992 Supreme Court decision that the 1965 Cigarette Labeling and Advertising Act and the Public Health Cigarette Smoking Act of 1969 (these acts mandated warning labels while providing that no other statement with regards to health could be required) did not protect cigarette companies from state tort laws covering breach of express warranty, intentional fraud and misrepresentation, or conspiracy.

A short time later, DeNoble was told by his manager to withdraw his paper from Psychopharmacology. He said he was told, "This would not look good with the current litigation." DeNoble and Mele also were told to cancel a planned presentation at a meeting of the American Psychological Association.

In November of 1983 DeNoble demonstrated the lab test for Shepard Pollack, who was president of the tobacco unit then, and a lawyer. The lawyer asked if such a test would be used by a government agency to determine addictiveness. When told it was, "he was not very happy with that. He shook his head and walked off," according to DeNoble.

There was talk of ways to disassociate Philip Morris from the ongoing research, such as moving the lab to Switzerland and/or hiring scientists as independent contractors, but the work continued until April of 1984.

In the afternoon of April 5, 1984, DeNoble and Mele were given "the highest accolades" and told to shut down the lab, kill the rats and turn in their notes and security badges by the following morning. The shutdown was "a business decision," they were told.

When DeNoble returned a few days later the lab had been completely emptied.

DeNoble and Mele tried to resubmit for publication their study results in 1985 and 1986, but were threatened with legal action by Philip Morris, according to the testimony.

"The scientific community had a right to look at this research," DeNoble said.

REACTION

"What we are learning is that tobacco science is politicized science," said Rep. Ron Wyden (D-OR), a member of the subcommittee.

The testimony is "critically important to our ongoing inquiry into the role of nicotine in cigarettes. This research, suppressed by the company for a decade, demonstrates the company's interest in the pharmacology of nicotine, especially the effects of nicotine in the brain," said David Kessler, commissioner of the Food and Drug Association, which is investigating the industry's manipulation of nicotine levels to determine if cigarettes should be re-classified as a nicotine delivery device.

With regard to the acetaldehyde connection, Dr. Jack Henningfield, chief of pharmacology research at the National Institute on Drug Abuse, said, "the idea of increasing addictiveness by combining it with something else is something that I don't believe we have any other clear example of in science. Someone should take the ball of the research now and run with it."

Marc Z. Edell, the lawyer for the Cipollone case, said the research "might have well changed the ultimate outcome of Cipollone. It may have changed the entire complexion of tobacco litigation in the U.S." The case generated the only award of its kind against a tobacco company, a $400,000 damages award, but the judgement was later overturned, and the suit was dropped in 1992.

PHILIP MORRIS ON THE RESEARCH RESULTS

Philip Morris had said in a letter released March 31 that the DeNoble had found nicotine was a reinforcer "in the class of nonaddictive chemical compounds such as saccharin, or water, and that he did not believe nicotine fit the accepted criteria for drug dependence."

When showed Philip Morris' conclusions of the study, DeNoble said they were "out of context and misleading." He disputed industry testimony that nicotine was in cigarettes for taste, as his research was focused on its effects on the brain.

Steve Parrish of Philip Morris said in a released statement, that the testimony was "shameful," and filled with "innuendo, leaked documents, conveniently changed opinions, scientific sensationalism."

"On March 31, Chairman Waxman claimed that Dr. DeNoble's research showed that in 1983 Philip Morris knew that nicotine was addicting. We now know from Dr. DeNoble's testimony that Chairman Waxman was wrong. According to Dr. DeNoble, his research at Philip Morris led him to believe that nicotine is not addictive; nicotine does not result in physiological dependence; termination of nicotine administration does not result in withdrawal; acetaldehyde does not result in physiological dependence and curtailment of acetaldehyde intake does not cause physical withdrawal; nicotine and acetaldehyde together do not result in physiological dependence and discontinued do not result in withdrawal; and moreover, as Dr. DeNoble has written, evidence that a substance is a so-called reinforcer does not prove or mean that the substance is addictive."

Parrish said the company was assembling relevant documents to present to the subcommittee within 10 days.

DeNoble currently works for the state of Delaware, studying mental retardation. Mele works for the Defense Dept.

----

WARNING:

I have tried to strike a middle-ground on the rat lever-pressing figures. The media is wildly divergent in reporting them, sometimes even within the same article (See Time's coverage). Herewith the actual figures reported and their sources:

PHILIP J. HILTS IN THE NEW YORK TIMES:

"Nicotine will get a rat to press a bar steadily, more than 100 times an hour, Dr. DeNoble said. He found that the animals would do the same for acetaldehyde, though not for water or saccharin or other favored substances."

"...when he gave the animals a chance to have both nicotine and acetaldehyde together, the rats tripled their bar-pressing to more than 500 times a hour."

EBEN SHAPIRO IN THE WALL ST. JOURNAL:

"...rats would administer nicotine to themselves, pushing a lever up to 90 times in a 24-hour period."

DICK THOMPSON , TIME MAGAZINE:

"DeNoble said rats would thump the bar as often as 90 times in 12 hours to get the nicotine, vs. just 12 times a day for a saline solution. Even more telling, the researchers found that for nicotine combined with acetaldehyde, a product of burning cigarettes, the rats would press 500 times in 12 hours as opposed to 120 times in 12 hours for nicotine alone."

LOCAL

MA: MINORS BUY CIGS EASILY

Boston, MA April 27, 1994. Kids could buy cigarettes in two out of three tries, according to a survey by the state attorney general's office.

42 young people between 13 and 17 were sent to buy cigarettes in 109 stores in 23 localities across the state. They were successful 159 out of 248 times.

Attorney General Scott Harshbarger said he would initiate civil proceedings against the worst offenders.

NY: KIDS' ADS ON BUS SHELTERS

New York, NY April 28, 1994. The Marlboro ad that shows a skeleton cowboy riding into a cemetery and inviting smokers to "come to where the cancer is," will turn a few heads at bus shelters in May. The ad was created by a Queens fifth-grader, Melissa Antonow, as a part of the New York City Smoke Free Contest. The New York Coalition for a Smokefree City will place Melissa's and other ads from the contest on 70 bus shelters for the month of May, a repeat of a program that placed the ads in subway stations four years ago.

"We know that our message was appreciated last time, since 12,000 ads were stolen," said Joseph Cherner. "This time our ads are safe behind glass."

Thomas Lauria of the Tobacco Institute said, "These kind of ads are telling people what they already know."

Bus shelters are the only New York City property left on which tobacco ads may be displayed--until the ad contracts expire next March.

PA: TICKET FOR SMOKING IN CAR WITH KIDS?

Harrisburg, PA. April 27, 1994. A law against smoking in a car with the windows rolled up and a child under 15 years of age was spiritedly discussed today in a House subcommittee.

On one side was the bill's sponsor, Rep. Peter J. Daley II (D-Washington) and John F. Banzhauf III of Action on Smoking and Health, and 8 asthmatic children.

"There are no rights to smoke," Banzhauf said, "There are many rights to protect from smoke."

"Asking someone not to smoke is very hard," said Emily Bosk, 13, who has asthma, "especially if you're a kid"

On the other side was the ACLU, who said the bill would be an invasion of family privacy. In addition, the ACLU's Larry Frankel said, "given the existing demands on our law enforcement officials, does the General Assembly really want to burden them with the responsibility for stopping cars because someone is smoking?"

CO: PUBLIC SCHOOLS GOING SMOKEFREE

Denver, CO April 20, 1994. All of Colorado's 176 school districts will ban the use of all tobacco products from all buildings, grounds and functions this fall, according to a new bill signed by Gov. Roy Romer today.

"Kids get addicted early and they can't kick it," said state Rep. Pat Sullivan (R-Greely) the physician who sponsored the bill in the House.

There are two exceptions: tobacco can be used in teaching its harmfulness, and a school board can allow smoking in specific areas under "extraordinary circumstances."

WA: CADMIUM DANGER

The Washington State Dept. of Health has found unusually high concentrations of cadmium and arsenic air pollution levels in the Northport, Wash. area. Lead levels, although higher than other areas of the state, were still under state and federal guidelines. Although the year-long study could not ascribe reports of health problems to the pollution, "the levels of some toxic metals we found in the area still give us reason for concern."

Washington's Dept. of Ecology determined that the pollutants were likely coming from the Cominco, Ltd. lead smelting operation in Trail, British Columbia. While the Department and the B.C. Ministry of the Environment are working out an agreement, the Dept. of Health advised residents to:

--wash dust off of local crops.
--not smoke. Although "the greatest single exposure to cadmium comes from food," said the department, "a person can nearly double their cadmium exposure by consuming cigarettes or other tobacco products."

CA: SMOKEFREE LA CITY GOV'T

The Los Angeles City Council, stung by criticism of hypocrisy by restaurateurs, banned smoking in all 500 city-owned and -leased buildings.

In addition, the city's Airport Commission is about to ask the Council to ban smoking in airport bars, which have become cloudy havens for smokers in the otherwise smokefree LA International Airport.

The Commission is considering creating enclosed smoking areas.

INTERNATIONAL

BRITAIN: CIG SMUGGLER HOTLINE

London, April 27, 1994. The British Government is urging citizens to turn in travelers who smuggle alcohol or cigarettes in from other countries for sale in England. The government is even providing a hotline.

The move has been sparked by the lowering of trade barriers and the recent, wildly popular "booze cruises" to France. The situation threatens to get worse with the opening of the Channel Tunnel in May.

The most popular bootlegged item is hand-rolled tobacco, which can be 6 times cheaper in Europe. Customs seized over 9 metric tons of it in 1993.

Taxes on alcohol and tobacco are much higher in England than in France. Britain stands to lose $9 billion by equalizing the taxes. British travellers may bring in alcohol and tobacco for their own use, but may not resell it.

GREECE: ECONOMY MINISTER DIES

Athens. April 25, 1994. National Economy Minister George Yennimatas died of lung cancer today at the age of 55.

Yennimatas, an extremely popular politician, was a heavy smoker until he was diagnosed with lung cancer in Dec. of 1991.

He was mourned by political friends and foes. Recently, as Socialist party economy minister for only 4 months before his health forced him to leave, he faced huge debt, which he was able to cover through working with banks and helping to convince unions and workers of the need for austerity measures.

He also managed to complete the 1994 budget, which provided for a new tax on tobacco, the revenues earmarked for an anti-smoking campaign. "We might not get a big revenue out of this tax but we could save a few lives,' he said.

UGANDA OPENS CIG MARKET, ANGERS B.A.T.

Kampala. April 26, 1994. Uganda opened its market to imported cigarettes, outraging British American Tobacco (BAT) 1984 Uganda Limited, which has held a monopoly for nearly two years, when Uganda banned imports of products duplicating those produced domestically.

"As far as we are concerned, the ban still stands, as it would have to be lifted by parliament," said a B.A.T. representative.

BAT is producing cigarettes at only 60% capacity, hard-hit by rampant smuggling from Kenya and Tanzania. The company pays about $30 million a year in taxes.

Trade and Industry Minister Richard Kaijuka gave authorization specifically to Marlboro cigarettes, but did not say when other brands would be allowed in.

BUSINESS

BAT BUYS AMERICAN TOBACCO FOR $1B CASH

London, April 26, 1994. Two weeks ago Donald Johnston, president and CEO of American Tobacco Co., was testifying before congress about the health risks of cigarettes. Today his parent, American Brands, sold his company sold to London-based B.A.T. Industries Plc for $1 billion cash. BAT will also indemnify American Brands in regards to any tobacco-related lawsuits.

The move shakes up the present power structure in the industry. It unites two of the lesser domestic players (American and BAT-owned Brown and Williamson) with the backing of an international powerhouse (BAT is the number 2 tobacco company in the world, and markets over 300 brands in 160 countries) to provide serious competition for US giants Philip Morris and RJ Reynolds.

American Tobacco has only 7% of the domestic market with the low-tar, low-nicotine Carlton, once-popular brands like Lucky Strike, Pall Mall and Tareyton, and a number of discount brands like Misty and Montclair. Brown & Williamson has 11% of the domestic market with Kool, Capri and Viceroy. Its GPC brand is the top-selling discount.

American and BAT had close ties long before the deal: they had swapped brands in 1993, BAT getting international rights to Lucky Strike and Pall Mall, and American getting European rights to Benson & Hedges (manufactured by Philip Morris) sales.

BAT also markets internationally Lorillard's Kent. Kent is BAT's largest seller outside the US, while Lucky Strike is its fastest-growing brand.

BAT's also owns insurance companies Allied Dunbar, Eagle Star and Farmers Group. Farmers, one of the largest home and auto insurance companies in the US, came under some attention recently for the huge number of claims it had to handle due to its heavy presence in the Southern California area hardest hit by the recent earthquake.

Observers differed on whether the move signaled American's views of tobacco's future in general, or only of its own rather meager potential in the market, considering the risks and the losses suffered during 1993's price war. Either way, American's "take the money and run" philosophy was applauded.

However, BAT was by no means throwing away its $1 Billion. American Tobacco enjoyed $1.5 billion in sales with $179 million in profits last year, and had as of Dec. 31, 1993 $316 million in consolidated net tangible assets.

William Alley, chairman and CEO of American Tobacco's parent, American Brands of Old Greenwich, Ct., cited the sale as "an excellent strategic move for American Brands and its stockholders -- a move that would enable us to focus more sharply on businesses with powerful market positions and greater long-term profit growth potential."

BAT said the move "confirms our commitment to tobacco and complements our long-term growth opportunities elsewhere in the world."

"This is not the sort of market that people who are not already in the business would choose to get into," admitted a BAT executive. "But if you are in it, it is a buyer's market."

American Brands also owns Northern Ireland's Gallaher Tobacco Co., and sells Gilbey's gin, Jim Beam and Old Grand Dad bourbons, insurance (Franklin Life Insurance Co.), office products (ACCO, Day-Timers, Swingline), hardware (MasterBrand Industries) and golf balls (Titleist).

American is not really leaving the tobacco business. Strangely, while BAT consolidates its #3 position here, American will retain its hold on Gallaher Tobacco, Britain's largest, which enjoys 40% of Britain's cigarette market. Taking away American Tobacco, Gallaher accounts for 37% of American Brands' operating income.

BAT and Gallaher are entering into a long-term manufacturing agreement, and BAT is acquiring in the deal rights to Gallaher's Silk Cut cigarettes outside Europe.

US anti-trust approval of the deal may take several months.

REACTION

Tobacco stocks shot up on the news: As Eben Shapiro put it in The Wall St. Journal, "If a collection of threadbare cigarette brands such as Tareyton and Pall Mall can bring $1 billion, what does that mean for the Marlboro Man and Joe Camel?"

Now that there is a "floor" for tobacco value, analysts estimate that Philip Morris' tobacco unit alone could be worth $60-85 a share. (Philip Morris Cos. has been trading at about $53/share recently, indicating investors' perception of the value of the tobacco arm is almost nothing.) Investors will undoubtedly be pressuring Philip Morris' board to do the same thing American did--spin off tobacco and reap even larger benefits in cash and stock value.

Also, pricing in the market now may stabilize, as American has been considered one of the worst price gougers. The Wall St. Journal said the move may "increase industry profit by eliminating a small but disruptive competitor," and a Kidder, Peabody analyst said, "American Brands was the primary evil in terms of pricing. You will have rising profit margins going forward."

On the other hand, BAT's plans to scramble for increased share by heavily marketing a revived Lucky Strike filter against #1 Marlboro and #2 Winston, could spark an advertising war that could seriously diminish industry profits.

A spokesperson for the American Lung Association said the organization "feels that American Brands is responding to the increasing antismoking movement in the United States, and so we see this as a good sign." However, the addition of yet another giant to the market makes the industry that much more formidable.

BACK AT AMERICAN

It was in 1902 that James B. Duke's American Tobacco Trust, which controlled 90% of the American market, joined with Britain's Imperial Tobacco to form British-American Tobacco.

In 1911, the Duke's Trust was broken up under the Sherman Anti-trust Act, and had to relinquish its 60% of British-American.

American Brands held 35% of the American market in 1965, but lost much of its business due to its lazy move to filtered brands, and its diversification into unrelated areas such as hardware, liquor and Samsonite luggage were failures compared to Philip Morris and RJ Reynolds moves into food items, which require similar advertising and distribution methods.

For American's 3,000-plus workers, Sanford Bernstein analyst Gary Black said many face layoffs as BAT works to avoid duplication.

At the American Brands' stockholders meeting recently, shareholder proposals to assure the company does not target low-income neighborhoods with its advertising and to report on the ingredients in its discount cigarettes were opposed by management and defeated.

Also opposed by management and defeated was a proposal that Gallaher's Northern Irish operations abide by the "MacBride" principles assuring equal opportunity of employment.

US Cigarette Market Share:

Philip Morris: 43%
RJR Nabisco: 28%
Brown & Williamson: 11%
American Brands: 7%
Liggett Group: 2.5%

SOCIETY

CO-OP SMOKING

Elizabeth, NJ. April 28, 1994. Referring to a "minor civil war" between smokers and nonsmokers, a judge today refused to order 2 women to stop smoking in their own apartment in a suit brought by upstairs neighbors who claimed they are being made sick by the second-hand smoke seeping into their home.

"The Pentonys moved into their apartment in 1989 and have always maintained a smoke-free environment," said Richard Klein, their lawyer. "Since June 1993, when the Conrads moved into the complex, they have endured extensive exposure to secondhand smoke. . . We feel complex owners should take all appropriate steps necessary to prevent pollution from spreading into the dwellings occupied by neighbors. We are attempting to protect the rights of non-smokers in their own homes."

In the case of Pentony v. Conrad, Valerie and William Pentony got a judge who sympathized with their tales of smoke-stained walls, towels soaked with air-freshener stuffed along the wallboard behind their bed in futile attempts to keep the "stench" out, irritated eyes, nausea, coughing, sneezing and a variety of respiratory ailments. But Judge John M. Boyle threw the ball directly back into their Fox Hills Apartments board of directors' hands, ordering it to search for a fair solution and to report back to him.

"We understand we can't hermetically seal the apartment," Boyle said. "Strictly speaking, none of us live in a smoke-free environment. I would like to. But in the real world out there, it doesn't exist." The judge referred to obnoxious smells of drinkers, perfumes and trucks that offer similar difficulties.

The Pentonys claimed that once the Conrads moved in in June of 1993, the smoking of Marie and her daughter Mary could not be kept from seeping into their apartment above.

"I suffer from hay fever and react allergically to cigarette smoke," said William Pentony, 31. "My wife, I know, is very sensitive to cigarette smoke. . . We have been overwhelmed by the stench of cigarette smoke."

"Marie Conrad does not work, rarely goes out, and smokes virtually all day long," said Valerie Pentony, 28.

The suit sought to force the Conrads only to smoke during the hours of 9-4, when the Pentony's are at work, he as an insurance underwriter, she in customer relations at a commodities company.

While a solution was worked out, Judge Boyle told the Pentony's to buy the best smoke-eater in the world and keep the bill--he might make management pay it.

"You must have absolute trust in scientific improvement," the judge told their lawyer. "They tell me these machines are miraculous."

Though the Fox Hills board was named in the suit for not halting a public nuisance, most of the parties involved seemed at ease with Boyle's attempt to settle the landmark case with a "more practical approach" than extensive litigation.

"I'm satisfied we are not going to -- as yet -- intrude on the privacy of the Conrads," Boyle said.

Mrs. Pentony said as she left the courthouse, "1 think he acted very fairly."

Neither Conrad, however, appeared in court, or anywhere near it. "What are they going to do -- put me in jail?" Marie Conrad told a reporter from behind her apartment door, shortly before the hearing. "I'm a 60-year-old widow. I think this is going to be a circus atmosphere and I don't care to be a clown in it."

LOCKHEED BANS SMOKERS

Marietta, GA. April 23, 1994. On July 2, Lockheed Aeronautical System Co. will join a handful of major companies that officially refuse to hire smokers.

"Smokers cost more on a long-term basis; this will help cut our health costs and make us more competitive," said Spokesperson Doug Oliver, citing an in-house study that found 77% of cardiac patients among Lockheed's workers were smokers. Lockheed also cited an American Lung Association study which found a smoker could cost a company up to $5,000 more annually in insurance premiums.

He said the ban will not affect current employees, nor those that have been laid off. But, he said, "eventually, everyone will die off and this will become a smoke-free company."

The new policy will also ban smoking in all buildings.

Lockheed Aeronautical, a subsidiary of Lockheed Corp. in Calabassas, CA, employs about 10,000 people. The Marietta plant makes military planes.

Brennan Dawson of the Tobacco Institute said the policy was an "Invasion of privacy . . . What else can they tell you not to do off the job? Ski? Ride motorcycles? Eat hamburgers on the grill?"

Minneapolis/St. Paul-based Northwest Airlines does NOT have a similar policy, though many news reports indicated this. Atlanta-based Turner Broadcasting has had a no-smokers policy since 1986. Kaiser Permanente considered such a policy last month, but dropped it because of enforcement considerations.

Oliver said Lockheed would have no "smoking police," but that an employee could be fired for lying on an application.

A spokesperson for Turner Broadcasting said their policy, too, was on the honor system.

Thousands of smaller companies have instituted such policies, claiming cost savings in safety, absenteeism, and training replacements for those who retire early due to smoking-related diseases.

28 states and D.C. have recently-passed laws--often spurred on by a company's announcement of a no-smokers policy--explicitly or implicitly protecting smokers from job discrimination. The ACLU has actively promoted many of the laws.

Tennessee's law only forbids employers from firing a worker for smoking. The Paty Company, a chain of lumber and building suppliers that employs about 500 people and has had a no-smokers policy since 1985 announced that an independent survey of comparable companies in the area found that Paty pays the lowest insurance costs per employee--$1,072--than any of the others, which Paty ascribes to its hiring policy.

In seeming disregard of a four-year old Colorado law, another Lockheed subsidiary, Access Graphics, a computer wholesaler in Boulder, reputedly fired an employee of less than a week when he was found smoking on his lunch hour. The employee is suing.

Virginia was the first state to institute protection for smokers in 1989. New Jersey, Connecticut followed. New York's law protects anyone using a "lawful product."

Even anti-smokers have been critical of no-smokers policies as an invasion of privacy. In addition, such policies will tend to deny jobs to those who need them most.

. "If someone has the ability to do the job, he should get it. What you do in your home is your own business. While these measures may have an intuitive grasp of fairness," said anti-smoking activist and law professor at the University of Southern Illinois Don Garner, "in practice it's a respiratory apartheid."

PHARMACIST IN BACK, "HARM-ASSIST" IN FRONT

New York, NY April 25, 1994. Hundreds of pharmacies are getting rid of their tobacco stocks, haunted by long-time customers who have bought cigarettes for years and then died of smoking-related diseases, according to an article by Milt Freudenheim in the New York Times.

A spokesperson for the American Pharmaceutical Association acknowledged that tobacco sales were "an ethical dilemma for a lot of pharmacists."

Freudenheim quotes a pharmacist who said, "When you're treating these people pharmaceutically, and seeing them totally wreck their health . . . you just have to stand up and say, 'I can't take it anymore.'"

Even if the stores officially sell cigarettes some pharmacists have taken a stand and refused to sell them.

Freudenheim pointed out that these days convenience stores account for the bulk of cigarette sales--40% of all store sales last year, as opposed to only 7% from pharmacies. And the amount of sales are not vital to the pharmacies, either. Walgreens reported cigarette sales have remained flat at 4% of revenues for the last two years.

A statewide campaign in Michigan convinced 60 pharmacists to take tobacco off their shelves. A similar campaign is planned in Rhode Island.

Ontario may soon ban all tobacco sales in pharmacies.

And though the movement is occurring in only a small fraction of the 40,000 independent pharmacists, as a Michigan Health official said, "there's an important message in getting tobacco sales out of pharmacies. That is the separation between a deadly product and a store that is selling goods intended to cure disease and relieve suffering."

While tobacco-less pharmacists cite no loss of sales as shelf space is turned over to more profitable items, and some report the return of anti-tobacco customers, should Congress rule nicotine as an addicting drug, pharmacists might find themselves right back in the world of cigarette sales.

DOCTORS STOP SMOKING

Chicago, IL April 26, 1994. Only 3.3% of physicians smoke today, down from 18.8% in the mid-1970s, according to data from the National Health Interview Survey.

18.3% of registered nurses smoke, down from 31.7% in the mid-1970s

"The decline in smoking among physicians and nurses is encouraging and demonstrates that increasingly they are following their own advice to patients and not smoking," wrote David Nelson of the Centres for Disease Control and Prevention in Atlanta in an article in the Journal of the American Medical Association.

TV: WASHINGTON WEEK IN REVIEW

4/7/94. The PBS TV show "Washington Week in Review" offered up two interesting items:

1. Steven Roberts said that surveys show 3 out of 4 people "view the tobacco industry unfavorably."

2. Ken Bode referred to the town of Normal, IL, where it is against the law for anyone under 18 to possess tobacco.

SPORTS

SF GIANTS COACH BONDS QUITS SMOKING

San Francisco, April 21, 1994. San Francisco Giants Coach Bobby Bonds, who was taken from the field with a coronary arterial spasm, says that though he believes the problem is not smoking-related, he will quit smoking on his doctor's advice.

"I quit smoking as soon as I got into the ambulance at Fulton County Stadium," he said. "It's no big deal. I'm not quitting because of fear.

"I'm quitting because it's the most sensible and smartest thing to do. I'm not stupid enough to gamble. I also have to watch what I eat, avoiding caffeine and fatty foods."

PEOPLE

PRESIDENTIAL STROKES COMMON

Ex-president Nixon's stroke brought attention to a University of Southern California study which found 14% of US Presidents suffered strokes.

"The stress of being the chief executive, associated with several risk factors such as tobacco use (Eisenhower and Roosevelt smoked as much as three packs a day), poor dietary habits and unfortunately but not infrequently, not the best medical management, contributed to the development of these strokes," said the study.

CASTRO MISSES HIS CIGARS

In an interview with Cigar Aficionado, Fidel Castro confessed that he would love to shirk his responsibilities, and "perhaps I could even smoke cigars again . . . "

Castro gave up his beloved cigars 8 years ago to lead a Cuban anti-smoking campaign.

The magazine praised Castro for making what many consider the world's best cigar, the Cohiba Esplendido--a blend originally made for one of Castro's bodyguards. Castro liked it so much he created a factory to produce it.

ON STAGE SMOKING INCIDENT

April 19, 1994. Bruce Weber in the New York Times reported today on an unusual occurrence at a Brian Friel play starring Judy Geeson at New Haven, Ct's Long Wharf Theater.

As Grace in Friel's "Faith Healer," Geeson was chain-smoking through her monologue as usual when a man arose from the audience, walked down the aisle and speaking directly to Geeson said, "This is disgraceful. You're going to kill yourself the amount you smoke.'"

Writes Weber, "A dialogue ensued between the man and other audience members; the anti-smoker was urged to sit down and shut up. He declined...Instead, he pointed out that the theater is a nonsmoking venue, issued a warning to Ms. Geeson about cancer and left."

Not only has Long Wharf management now put up signs in the lobby apprising the audience that the actors smoke on stage, but more surprisingly, actors, director and Friel all agreed to cut down the smoking.

"In the script, it says she lights them butt end to butt end," said Geeson. "But it's fine. I just drink more."

Geeson, by the way, quit smoking 4 months ago. The cigarettes she was smoking were the tobacco-less, herbal variety.

END OF DOCUMENT