HEALTH

ETS & RESPIRATORY DIFFICULTIES
SMOKING & WOMEN'S HEART DISEASE
QUITTING CUTS EMPHYSEMA RISK
SMOKING & PANCREATIC CANCER
BLUE FLOWER TO AID STOPPING SMOKING?

FEDERAL

PM DROPS OUT OF OSHA HEARINGS
GERMAN SMOKERS ENTER NYC SMOKEFREE FRAY
TX: NO SMOKING IN PRISON

INTERNATIONAL

CANADA: SMOKING RATES DECLINE DESPITE PRICE DROPS
EUROPE: SMOKING, NON-SMOKING CHUNNEL CARS
UZBEKISTAN: BAT TO CONTROL TOBACCO MARKET
UAE RAISES DUTY ON CIGARETTES
SADDAM'S CIGS OK, DESPITE SANCTIONS
SYRIAN TOBACCO HEAD RELEASED FROM AUSTRIAN CUSTODY
INDIAN TOBACCO FIRM TO DIVERSIFY
JAPAN: WIDOW FILES JT SMOKING SUIT
CHINA: POLICE FINED FOR HOLDING ANTI-SMOKING ELDERS
AUSTRALIA: NONSMOKING PAX FILE SEAT SUIT

BUSINESS

BAT THREATENING AMERICAN WORKERS?
B&W WHISTLEBLOWER GIVEN OK TO TALK WITH HIS LAWYERS
RISK TO JOURNALISM IN PM LAWSUIT
N.O. CLASS ACTION CASE RE-ASSIGNED

SOCIETY

US SMOKING AT LOWEST SINCE 1941
DELTA FLIES SMOKEFREE WORLDWIDE
SMOKER'S HAT
CHEVY ASHTRAYS DOUBLE
CIG $$ LEADS TO LOTTO WIN

PEOPLE

TOBACCO & BARBIE
LETTERMAN OFF CIGARS
Rabin & Shalala: Accommodating
ILLOGICAL SMOKING ON STAR TREK?

SPORTS

VIRGINIA SLIMS TENNIS RETURNS, TO MUSIC

***

HEALTH

Women More At Risk Of Lung Cancer? Quitting Slows Lung Function Loss

FEDERAL

Elections '94: Slam Dunk for Tobacco
Gingrich & Tobacco

LOCAL

TX: Statewide Prison Smoking Ban

INTERNATIONAL

CANADA Minister for Generic Cig Packs
UK: Chunnel's Smoking, Nonsmoking Cars
SPAIN: Tabacalera Profits Up, Co. Looks Beyond Borders
RUSSIA: Tobacco's Man in Moscow
IRAQ: Hussein Life-style Still Luxurious
UAE: Tobacco Duty Raised 20%
JAPAN Tobacco Debacle Drags Down Privatization Plan
JAPAN: Housewife Sues Japan Tobacco Over Husband's Death

BUSINESS

Nicotine Patch, Gum to go Over-the-Counter?
New Valley Sells Western Union Financial for $900M; Gets New Management Team
Brooke Group Extends Note Exchange Offer
It's the Bees' Knees--Protecting Tobacco from Budworm

LAWSUITS

Judge rebuffs BAT on American Brands Purchase
B&W threatening American Brands Workers?
Judge Eases Restraining Order on B&W Whistleblower
PM/ABC Libel Suit Tests Journalists' Confidentiality Promises
New Judge for New Orleans Class Action Suit

SOCIETY

Smoking Rates at 50-year Low--Plummet to 4% for Black Women, but Rise for Teens, Young White Women
Nov. 17: Annual Great American Smokeout
Tobacco Festivals Dying Out
All Delta Int'l Flights To Go Smokefree
Smoker's Hat Cuts Emissions
Chevy Cavalier Gets Larger Ashtrays
Cig Money Buys Lotto Player Jackpot

SPORTS

Tennis: Last Virginia Slims Held

PEOPLE

Tobacco & Barbie
Letterman Gives Up Stogies

HEALTH

WOMEN MORE AT RISK OF LUNG CANCER?

London, Nov. 15, 1994. A British/Norwegian study has found that female lung cancer patients show more damage to their DNA than male patients.

Research team leader David Philips said that "there has been preliminary evidence from the United States that women run about twice the risk of men of lung cancer from smoking. Our results provide experimental evidence for this hypothesis."

Researchers could not explain the gender difference in DNA damage. "It is not clear why women's lungs have higher levels of smoking-induced damage but these findings, if confirmed, suggest that lung cancer in women, which is still on the increase, may rise to higher levels in the future than have been seen previously in men -- unless the current trend for more and more young women to smoke is reversed," said Philips.

Citing knowledge that tobacco smoke damages the DNA in lung cells, researchers posited that some carcinogens may be more likely to cause lung cancer in women than in men.

"Our results suggest that susceptibility to DNA damage caused by PAH-like compounds may be higher among women than men," they said.

The study was sponsored by the Institute of Cancer Research (UK) and the National Institute of Occupational Health (Norway).

ETS & RESPIRATORY DIFFICULTIES

New York, NY. Nov. 21, 1994. Environmental tobacco smoke exacerbates breathing difficulties in nonsmokers, according to a survey of 4,000 Swiss by scientists at the universities of Lausanne and Basel in Switzerland, the Environmental Protection Agency (US) and the Harvard School of Public Health.

ETS exposure was linked to a 40% increase in asthma risk as well as an increased likelihood of asthma, wheezing, night-coughing and shortness of breath in nonsmokers.

The study was reported in this month's American Journal of Respiratory and Critical Care Medicine.

SMOKING & WOMEN'S HEART DISEASE

London, Nov. 22, 1994. A new British Report claims that while heart disease today is the single greatest cause of death among British women, killing 1 in 4, the death rate will increase by the year 2000 due to increased smoking by women.

"There is an epidemic yet to come because of the higher rates of smoking among young girls," said Professor Kay-Tee Khaw, who wrote the report published by Britain's National Forum for Coronary Heart Disease.

While as many women now smoke as men, and more girls than boys smoke, women are less likely to be aware of the signs of heart disease, and doctors are more likely to overlook such signs in women, the report said.

QUITTING CUTS EMPHYSEMA RISK

Nov. 16, 1994. A clinical trial of nearly 6,000 smokers with early signs of emphysema or bronchitis found that those who quit smoking greatly slowed the decline of lung function, optimally bringing the rate of decline down to that of lifelong nonsmokers.

Researchers at 11 sites in the US and Canada recruited men and women smokers aged 35-60 who had early signs of chronic obstructive pulmonary disease (COPD), a disease category that includes emphysema and chronic bronchitis. The smokers had no noticeable breathing trouble, but had some lung tissue damage and airway narrowing.

The smokers were randomly divided into three groups:

--One received a medicated inhaler and an aggressive 12-week stop-smoking program using nicotine gum.

--One received the stop-smoking program, but only a placebo inhaler.

--One was given the standard care for people in this condition--they were simply told to stop smoking.

The inhaled medication was found to have no long-term effects, but those who quit early and stayed off cigarettes for the full five years (22% of the first group, only 6% of the third) suffered only a 2.5% decline in lung function (ability to move air in and out of the lungs), as opposed to an average 11.4% decline for those who continued to smoke.

According to researchers, a 2.5% decline is close to the normal age-related decline of lifelong nonsmokers. The most evident benefits were registered in the first year of quitting smoking, but continued to increase over the years of the study.

"The Lung Health Study is the largest study in lung disease prevention ever conducted,

and it shows conclusively that quitting smoking is the most effective way of preventing lung diseases such as emphysema and chronic bronchitis," said Dr. Claude Lenfant, director of the National Heart, Lung and Blood Institute, sponsor of the study.

"The improvement that was observed in patients with advanced, severe disease contradicts the myth that long-time smokers won't benefit from quitting," said another researcher.

The "Lung Health Study" was published in the Nov. 16 Journal of the American Medical Association.

COPD affects 15 million Americans, occurs almost exclusively in smokers, and at 90,000 a year is the 4th leading cause of death in the US, according to the NHLBI. It can take 20 to 40 years to develop, during which there are few overt symptoms other than smoker's cough.

While damage from chronic obstructive pulmonary disease is irreversible, "If you stop smoking, you virtually eliminate your chance of getting this disease," said a researcher.

SMOKING & PANCREATIC CANCER

Oct. 19, 1994. Smoking increases the risk of pancreatic cancer by 70%, and accounts for over a quarter of all cases nationwide, according to a study by the National Cancer Institute,

The 3 year study compared risk factors of 526 smokers with pancreatic cancer and 2,153 volunteers who acted as a control group. Researchers questioned participants about their smoking, dietary, medical and occupational histories.

The study found that over 27% of pancreatic cancer can be attributed to smoking, and that the chance of contracting the disease rose with years of smoking.

"People who smoke for 40 years have a 110 percent greater risk than do nonsmokers," said a researcher.

Those who quit smoking decreased their risk by 30%.

The study failed to determine why blacks are 50% more likely to contract the disease.

Pancreatic cancer kills about 25,000 people a year in the US. It is particularly swift and deadly, killing 50% of sufferers within 3 months. Only 5% are alive after 5 years.

"Although we don't have all the answers, the long-term implications of this study suggest that by eliminating cigarette smoking, eventually we could save 6,750 lives each year," said Debra T. Silverman, who led the research team.

The findings were reported in the Oct. 19 Journal of the National Cancer Institute.

BLUE FLOWER TO AID STOPPING SMOKING?

Nov. 19, 1994. Non-addicting, non-nicotine products have shown promise for helping ease withdrawal symptoms of smoking cessation, and are being tested across the country this year.

"This is truly, truly exciting," said one long-term investigator of stop-smoking drugs. "This is the first time we've looked at non-nicotine products to help smokers."

The two products are an anti-depressant, Burroughs-Wellcome's Wellbutrin, and lobeline, a product of the blue lobelia flower, which is being examined by DynaGen.

The AP reports that Burroughs-Wellcome is testing Wellbutrin with 600 Veteran's Administration patients to see if earlier, smaller experiments among both depressed and non-depressed patients can be verified.

One test that administered Wellbutrin for 6 weeks to 42 depressed hard-core smokers found 50% were still smokefree after 2 years.

A test of 190 non-depressed patients showed a more modest 29% were still not smoking after 1 year.

DynaGen previously has tried to market an over-the-counter oral form of lobeline, but was forced to remove it by the FDA, as the weak dosage had never been proven to work.

DynaGen is now experimenting with a stronger dose in the form of an under-the-tongue, bitter-tasting lozenge. A test of 160 smokers found 36% were able to quit for at least a month.

How do the chemicals work to reduce withdrawal symptoms? The AP said Wellbutrin is thought to stimulate the brain's production of dopamine, a feel-good chemical associated with addiction, and lobeline is thought to "block the brain's nicotine receptors."

FEDERAL

PM DROPS OUT OF OSHA HEARINGS

Washington, Nov. 23, 1994. Philip Morris has dropped out of federal hearings on workplace smoking, the AP reports.

By refusing to present its witnesses, the tobacco company--whose lawyers have attended the hearings for the last 2 months and have extensively cross-examined witnesses arguing for a smokefree workplace--angered Occupational Safety and Health Administration officials.

OSHA Director Joe Dear said, "Philip Morris was fully aware of OSHA's hearing procedure and made use of the process from the beginning, joining with the other tobacco companies to bring 15 lawyers to the hearing to question witnesses for four and five hours at the time. Philip Morris has done extensive environmental monitoring and OSHA had wanted to ask their experts about their data. We regret missing the opportunity to get their views on the record for the public to examine and question."

In a 17-page letter with attachments, Philip Morris said it was "clear that our oral testimony would neither be received nor examined by OSHA with the requisite impartiality, and as such will not be given."

The company expressed concern that its scientists would be cross-examined by product liability lawyers. It also objected to the participation of environmental tobacco smoke researchers James Repace of the EPA, and UCSF scientist Stanton Glantz.

The lengthy hearings, which began Sept. 20 and will end Jan. 17, are reviewing OSHA proposals to strictly limit workplace smoking. More than 100,000 letters have been received on the matter.

Philip Morris had been due to testify Dec. 1.

LOCAL

MORE ADS THROWN INTO NYC SMOKEFREE FRAY

New York, NY Nov. 23, 1994. New York City's proposed anti-smoking legislation was attacked in a new full-page advertisement published today in at least 3 daily newspapers, the New York Times, the New York Post, and the Daily News. In the ad, 103 city restaurants registered their opposition to the bill, in conjunction with 2 tobacco companies and the United Restaurant Hotel and Tavern Association, the organization whose actual representation in the city came under severe attack during last September's City Council hearing.

The ad addressed the City Council with a headline that ran, "Before you ban smoking in our restaurants, please listen to what _we_ have to say."

The ad claimed that the current law "has worked to the satisfaction of _all_ our customers," and claimed further restrictions "will hurt our businesses."

Following the copy is a listing of 103 restaurants--including some high-profile establishments like The River Cafe, The Water Club, The Restaurant at Grand Central, and the historic Revolutionary War-era Fraunces Tavern.

The ad encourages "concerned New Yorkers to . . . call your City Council member at 212-788-7210 and the Mayor's office at 212-788-3000 and tell them this proposed law is unnecessary and could hurt our city."

The last line of the ad reads, "Paid for by the restaurants listed above, The United Restaurant, Hotel Tavern Association of New York State, Inc., Lorillard Tobacco Company and Philip Morris U.S.A."

The following are the restaurants listed in the ad, organized by borough.

Chuck's Sports Bar
702 Morris Park Avenue
Bronx

Connaughton's Riverdale Steakhouse
5700 Riverdale Avenue
Bronx

Hudson's
3713 Riverdale Avenue
Bronx

Pasta Pasta
2023 Williamsbridge Rd.
Bronx

Patricia's
1080 Morris Park Avenue
Bronx

Sandro's Pizza
720 East 187th Street
Bronx

Bay Crest Restaurant
7204 3rd Avenue
Brookly

Alegria Care
7107 3rd Avenue
Brooklyn

Bay Ridge Schooner
86-18 4th Avenue
Brooklyn

Best On Third
8502 3rd Avenue
Brooklyn

Border Inn
7710 3rd Avenue
Brooklyn

Caffe Buon Gusto
151 Montague Street
Brooklyn

Carriage House
312 7th Avenue
Brooklyn

Casa Rosa Restaurant
384 Court Street
Brooklyn

Chadwicks
8822 3rd Avenue
Brooklyn

China Kettle
6606 Avenue U
Brooklyn

Costa Fina
6747 Fifth Avenue
Brooklyn

Cousins
160 Court Street
Brooklyn

Ferdinando's Restaurant
151 Union Street
Brooklyn

Foffe Restaurant
155 Montague Street
Brooklyn

Giorgio's Restaurant
7011 Avenue U
Brooklyn

Golden Ox Restaurant
7014-16 Veterans Avenue
Brooklyn

Good Fella's
9606 3rd Avenue
Brooklyn

Gran Torino Restaurant
7409 Avenue U
Brooklyn

Greenhouse Care
7717 3rd Avenue
Brooklyn

Griswold's Pub
7726 3rd Avenue
Brooklyn

Kar Restaurant
5908 Avenue N
Brooklyn

King's Restaurant
5116 Avenue N
Brooklyn

La Traviata
139,,Montague Street
Brooklyn

La Villa Pizzeria
6610 Avenue U
Brooklyn

Lento's Park Slope
833 Union Street
Brooklyn

Logues Restaurant
6920 3rd Avenue
Brooklyn

Merryland Restaurant
6824 5th Avenue
Brooklyn

Mike's Place
6830 3rd Avenue
Brooklyn

Pasta House
7215 3rd Avenue
Brooklyn

PT's What's On 3rd?
8320 3rd Avenue
Brooklyn

Short Ribs Restaurant
9101 3rd Avenue
Brooklyn

Slapstick Bar
7026 3rd Avenue
Brooklyn

St. Micnel
7518 3rd Avenue
Brooklyn

The Oasis Restaurant
2132 Flatbush Avenue
Brooklyn

The River Cafe
One Water Street
Brooklyn

Thristino's
9703 3rd Avenue
Brooklyn

Tony Roma's
9310 3rd Avenue
Brooklyn

Tutta Pasta
8901 3rd Avenue
Brooklyn

Tutta Pasta
160 7th Avenue
Brooklyn

Two Boots Of Brooklyn
514 2nd Street
Brooklyn

Amsterdam's
428 Amsterdam Avenue
Manhattan

BACI
412 Amsterdam Avenue
Manhattan
(212) 496-1550

Banjara
741 Ninth Avenue
Manhattan
(212) 757-2577

Blarney Stone
106 West 32nd Street
Manhattan
(212) 502-5139

Cafe 121
121 Mulberry Street
Manhattan

Cafe Sorrento
138 Mulberry Street
Manhattan
(212) 219-8634

Campagnola
1382 First Avenue
Manhattan
(212) 861-1102

Cancun
937 Eighth Avenue
Manhattan
(212) 307-7307

Casa Bella
127 Mulberry Street
Manhattan
(212) 431-4080

Chantal Cafe
257 West 55 Street
Manhattan
(212) 246-7076

Chin Chin
216 East 49th Street
Manhattan
(212) 888-4555

Cosmic Restaurant
132 West 31st Street
Manhattan

Costa Del Sol
367 West 50th Street
Manhattan

D.J. Reynolds
351 West 57th Street
Manhattan
(212) 245-2912

Eamonn Doran
998 Second Avenue
Manhattan

East-West Grill
240 West 104th Street
Manhattan

Fratelli
115 Mulberry Street
Manhattan
(212) 226-5555

Fraunces Tavern
54 Pearl Street
Manhattan
(212) 269-0144

Harp Bar & Restaurant
132 West 32nd Street
Manhattan

Harry's Restaurant
233 Broadway
Manhattan
(212) 513-0455

Jameson's
975 Second Avenue
Manhattan

Kennedy's
327 West 57th Street
Manhattan
(212) 759-4242

Langan's
150 West 47th Street
Manhattan
(212) 869-5482

Laura Belle
120 West 43rd Street
Manhattan

Le Beaujolais
364 West 46th Street
Manhattan
(212) 974-7464

Lo Spuntino
117 Mulberry Street
Manhattan

Marlowe
328 West 46th Street
Manhattan

Meson Sevilla
344 West 46th Street
Manhattan
(212) 262-5890

Michaels Of John Street
15 John Street
Manhattan
(212) 964-4400

Mimi's
984 Second Avenue
Manhattan
(212) 688-4692

Oakwood Care
110 West 31 St Street
Manhattan

Positano
122 Mulberry Street
Manhattan
(212) 334-9808

The Cafe At Grand Central
Grand Central Terminal
Manhattan

The Enchanted Restaurant
625 Columbus Avenue
Manhattan
(212) 595-5977

Theresa's
117 Mulberry Street
Manhattan

Vong
200 East 54th Street
Manhattan
(212) 486-9592

YIPPIE YI YO Cafe
450 Amsterdam Avenue
Manhattan

Breadstix
113-24 Queens Boulevard
Queens

Enzo's Ristorante
3805 Bell Boulevard
Queens

Gabbiano's
188-17 Union Turnpike
Queens

India Corner
178-19 Union Turnpike
Queens

Irish Cottage
108-07 72nd Avenue
Queens

K.C.'s Saloon
213 -1l 41 St Avenue
Queens

Nick's Pizza
108-26 Ascan Avenue
Queens

Pastrami King
124-24 Queens Boulevard
Queens

Santa Fe Steakhouse
107-18 70th Road
Queens

The High Life Cafe
70-20 Austin Street
Queens

Triangle Hofbrau
117-13 Jamaica Avenue
Queens

UJ's Luncheonette
107-18 70th Road
Queens

Villa Istriana
179-22 Union Turnpike
Queens

Carmen's
750 Barclay Avenue
Staten Island

Country Lanes
1600 Hylan Boulevard
Staten Island

Enzas
2561 Hylan Boulevard
Staten Island

La Botte Restaurant
2271 Hylan Boulevard
Staten Island

Marina Cafe
154 Mansion Avenue
Staten Island

GERMAN SMOKERS ENTER NYC SMOKEFREE FRAY

Bonn. Nov. 8,1994. The head of a German smoker's group has sent a fax to Mayor Rudolph Giuliani vowing to declare NYC a "dead city" for German tourists if proposed smokefree legislation is passed, the UPI reported today. The organization, Smoker's First Lobby, said it is calling on its 3,400 members to exert similar pressure on the NYC government.

SFL head Heinz Browers said Steven Handman of the Colorado-based American Smoker's Alliance asked for help not only from his organization, but from other smokers' organizations in 22 countries

"We will publicly declare NYC a 'dead city' because your intolerance is much more dangerous than nicotine," Browers faxed Giuliani.

FLASH: New York, NY Monday, Nov. 28. Today an ad appeared in the New York Post headlined "IF YOU DO BUSINESS IN NEW YORK, YOU'D BETTER CALL THE MAYOR AND CITY COUNCIL TODAY. Tomorrow, they will be voting on Anti-Tourist legislation that will affect your future."

Below the headline are 6 copies of faxes or letters from individuals--including Heintz Browers--in five countries and the US. The letters are addressed to Mayor Giuliani or Speaker Peter Vallone, sponsor of the bill. The letter-writers hail from Germany, Sweden, Denmark, Hong Kong and Japan, and each threatened a tourist boycott of New York City should the bill be passed. The writer from Louisville, KY threatened to route his international travel tours to bypass the city

The 5 international writers all appear to represent various groups, some of which are openly pro-smoking.

Mr. Browers represents "Erste Raucher Lobby" (Smokers' First Lobby) in Germany.

Bjorn Nielsen wrote on letterhead from a Danish group, "EditoR--a part of the Scandinavian Resource Group."

Sune Nilsson is the president of Smokepeace Sweden.

Liliana Ng from Hong Kong wrote on "Freeview Club" letterhead.

Dr. Shoichi Nabatame represented the Japanese smoking group, SCORES.

Reuven Abraham represented Travel Specialists, Inc. of Louisville, KY.

The ad was "Paid for by the American Smoker's Alliance, PO Box 189, Bellvue, CO 80512." It urges readers to call Giuliani and Vallone, and provides their phone numbers.

Of note is the fact that this ad only appears in the New York Post, which in the past few months has seemed to ignore mainstream news items related to tobacco and health, while publishing an opinion piece on the health _benefits_ of smoking. It has also editorialized against the bill.

TX: NO SMOKING IN PRISON

Austin, TX. Nov. 20, 1994. Citing health reasons, the Texas state Board of Criminal Justice today voted 9-0 to ban smoking completely in all Texas prisons beginning March 1, 1995.

Though the board expects a court challenge, it foresaw no problems enforcing the ban.

"If they are unhappy with the rules of the inn, they should have thought about that before checking in. . . . We're not running the Ritz-Carlton," said board member Allan Polunsky.

The order affects 95,000 inmates and 33,000 employees. It applies to all prison grounds, indoors and out. No exceptions will be granted, even for a "last cigarette" before an execution.

Approximately 30% of Texas inmates smoke.

INTERNATIONAL

CANADA: SMOKING RATES DECLINE DESPITE PRICE DROPS

Ottawa, Nov. 23, 1994. Statistics Canada reports 1% fewer Canadians were smoking in August than in May, despite massive tax cuts instituted last February in a desperate effort to stem a tidal wave of smuggling.

The statistics are a result of phone surveys of 13,400 people.

SC estimates 30% of Canadians over 15 smoke. Smoking is heaviest on Prince Edward Island (42%), and lightest a little further to the north, in Newfoundland (24%).

523,000 Canadians started smoking during the period, while 620,000 quit.

"Of the 523,000 Canadians who started smoking during the 3-month period, 332,000 were former smokers and 191,000 were new smokers. The most common reason for starting smoking -- 20 percent -- was 'being around others who smoke," the study said.

Those over 65 smoke the least, while those 20-24 smoke the most.

EUROPE: SMOKING, NON-SMOKING CHUNNEL CARS

November, 1994. For those considering a trip under the English Channel on the Eurostar train between London and Paris, here are your accommodations options during the 3 hour trip:

First Class: out of 6 first-class cars, 4 are nonsmoking.

Second Class: out of 10 second-class cars, 8 are nonsmoking.

There are 2 bar cars, which presumably allow smoking.

Under European Union rules, each member of a family of four may bring into England 800 cigarettes and 200 cigars. Many British stock up on these supplies in France or Belgium, which has lower excise duties. British tobacco and liquor interests are claiming major business losses.

UZBEKISTAN: BAT TO CONTROL TOBACCO MARKET

Alma-ata. Nov. 25, 1994. B.A.T. Industries PLC said today it has completed a deal that within 5 years will give it virtual control of the Central Asian republic of Uzbekistan's state tobacco company, Uztobacco.

The deal gives BAT 51% of Uztobacco. The company will be renamed Uzbat, and within five years will reportedly be completely controlled by BAT.

BAT will renovate 3 older plants and build a new one in Uzbekistan. It will look to exporting Uzbat products across the Commonwealth of Independent States.

UAE RAISES DUTY ON CIGARETTES

Abu Dhabi, Nov. 14, 1994. The United Arab Emirates will raise the duty on imported tobacco from 30% to 50%, according to the official Emirates News Agency (WAM).

The five other members of the Gulf Cooperation Council--Saudi Arabia, Oman, Bahrain, Qatar and Kuwait--already charge 50%.

The harmonization of customs regulations between the Council countries is seen as a step towards a Gulf Arab common market.

SADDAM'S CIGS OK, DESPITE SANCTIONS

United Nations, Nov. 14, 1994. In requesting the maintenance of economic sanctions against Iraq, despite its recent recognition of Kuwait as an independent nation, US Ambassador Madeleine Albright speaking for the US before the UN Security Council, cited the continuation of Versailles-scale palace-building as evidence the sanctions may have hurt the common people, but had apparently no affect on the royal family.

Albright said the Hussein clan "continue to enjoy an uninterrupted supply of ice cream, cigarettes, liquor and other imported luxuries."

SYRIAN TOBACCO HEAD RELEASED FROM AUSTRIAN CUSTODY

Vienna, Nov. 24, 1994. The head of Syria's state tobacco industry, arrested on suspicion of aiding "Carlos The Jackal" (Illich Ramirez Sanchez) in a 1983 bombing in West Berlin, has been ordered released from an Austrian prison on grounds of diplomatic immunity, according to Reuter.

Faisal Summak had been arrested last Oct. 25 on an international arrest warrant. Authorities were awaiting a German extradition request when a Vienna court ruled Summak was in Austria on official business, and therefore came under diplomatic immunity.

Summak is alleged to have provided plastic explosives used in the blast, and to have personally driven Carlos and another man into West Berlin in his embassy limousine. The bombing at the Maison de France cultural center left 1 dead and 22 injured.

FLASH: Reuter reports that 2 German weeklies, Focus and Der Spiegel claimed "Syrian President Hafez al-Assad had intervened personally with Austrian authorities to win Summak's release." Focus claims to have papers proving Summak had entered Austria as a tourist" and that his status was upgraded to that of a diplomat after" the intervention.

INDIAN TOBACCO FIRM TO DIVERSIFY

Calcutta. Nov. 24, 1994. ITC, India's largest tobacco firm with 60% of the Indian market, intends to diversify into the food and power sectors, according to Reuter.

The company has other holdings now, including financial services and ITC Hotels, but tobacco is still its major source of income.

Cigarettes in India are considered a luxury, and sales have been flat until this year, when they shot up 6.4%. Fearful of another long period of stagnation, ITC is looking for higher growth potential, and to reduce its dependency on tobacco.

ITC's plans, says Reuter, are "based on a corporate strategy worked out by the US-based consultant firm McKinsey's."

JAPAN: WIDOW FILES JT SMOKING SUIT

Tokyo, Nov. 17, 1994. A 70 year old widow has filed the first tobacco liability suit against mammoth Japan Tobacco.

The housewife's suit claims smoking killed her husband, requests $102,000 in damages, and demands JT stop production and sales of cigarettes.

The once wholly-government-owned company, which controls 80% of the Japanese market, recently offered shares to the public for the first time, but the event turned into a debacle when prices fell 23.5% on the first day of trade. They are now at 2/3 the initial offering price.

CHINA: POLICE FINED FOR HOLDING ANTI-SMOKING ELDERS

Beijing. Nov. 21, 1994. Chinese police took the unusual step of paying compensation to two anti-smoking elderly men for illegally detaining them for 18 days, according to the official China Daily.

The trouble began when the Ministry of Health's National Smoking and Health Association invited the two icons of the Chinese anti-smoking movement, He Cai (67) and Zhuo Xiangbiao (64) to Beijing to help promote the 10th World Conference on Tobacco and Health, scheduled to be held here in 1997.

The men are revered for having walked 3,000 miles last year in a "Long March against Smoking," an event that seems to have galvanized the anti-smoking movement in China.

So last March, He came from central Hunan, and Zhuo came from northern Shanxi province. While in the city they went into a large department store and attempted to pose wearing anti-smoking arm bands in front of ads for foreign cigarettes at the tobacco counter. They were promptly arrested for "disturbing the social order in the name of anti-smoking publicity and coming to Beijing for publicity purposes without relevant police approval."

They were held incommunicado for 18 days. Upon release, He sued the police branch. In a rare judgement, possibly influenced by strong backing from the National Smoking and Health Association, the Beijing court ruled for the men. The Dongcheng District Branch of the local public security bureau paid them $470 in compensation, and apologized for detaining them illegally. The men and the NSHA expressed satisfaction with the outcome.

Of China's 1.2 billion people, 300 million are smokers. 40% of the entire population over 15 smoke, a rate which is, according to Reuter, "soaring by 2 percentage points a year." 60% of men over 15, and 70% of men over 25 smoke.

China alone accounts for 30% of the entire number of cigarettes sold worldwide (1.27 trillion sold in China in 1993), and cigarette taxes are the Chinese government's largest single source of revenue ($4.8 billion in 1993). The largest single taxpaying enterprise in the nation is the Yuxi Cigarette Factory, in southwest Yunnan.

Even so, some anti-tobacco activity exists. Last month, the Chinese government passed its first law attempting to control its exploding advertising industry. The law banned cigarette advertising in newspapers, periodicals, radio, television and films, and in public places like waiting rooms, theaters, and gymnasiums. It goes into effect Feb. 1, 1995.

Also last month, the city of Shanghai banned on smoking in indoor public places. That law takes effect Dec. 1, 1994.

As a sidelight, China faces a furious smuggling and fake-label cigarette industry. This January, in a massive crackdown campaign, the government granted extraordinary powers to a number of agencies--including the State Tobacco Monopoly Administration. Since then, government agencies have "mobilized" 100,000 people in nationwide sweeps, busted 160,000 fake cigarette operations, dismantled 110 fake cigarette factories, busted over 3000 smuggling operations, and seized 10 million sets of fake brands, according to a Reuters item about a story in China Business Report.

AUSTRALIA: NONSMOKING PAX FILE SEAT SUIT

Sydney, Nov. 21, 1994. The Australian AP reports that 10 airline passengers have filed suit against Qantas in federal court over shortages of accommodations for nonsmokers.

Each of the 10 were seated either in the smoking section, or so close as to suffer effects. The plaintiffs, charging Qantas with negligence or breach of duty, want people who pay for nonsmoking seats to be guaranteed them.

The case is proceeding slowly due to its complexity, but a final hearing is expected in April.

BUSINESS

BAT THREATENING AMERICAN WORKERS?

Washington, Nov. 17, 1994. A federal judge in Manhattan today refused the Federal Trade Commission's bid for a preliminary injunction to force B.A.T. Industries PLC employees from threatening American Tobacco Co. personnel. The judge, Milton Pollack, said there was no proof the actions presented affect American Tobacco in the marketplace, and intimated there may be a "cabal" at American which was opposed to the merger.

According to a sealed motion filed by the FTC:

--American Tobacco salespeople had been threatened by a Brown & Williamson division manager with retaliation after the merger if they did not stop discounting American products

--One retailer had been told to stop discounting American products.

--Another retailer had been told he would no longer receive such discounts from American once the BAT deal went through.

The FTC had asked the court to prevent BAT employees from discussing price or promotions with American Tobacco employees, or from making critical or misleading remarks to retailers.

"This is nothing more or less than an attempt to fix prices," said an FTC lawyer. "It's two competitors getting together saying they intend to limit discounts in the future."

American has a reputation as an aggressive discounter. The FTC claimed such threats, along with earlier complaints, showed a general effort to remove American Brands' "independent, competitive viability," and that such behavior "was not confined to one store or city or region but occurred throughout the country with individual retailers and buyers for large chains." The examples, the FTC charged, "may be only the tip of the iceberg."

BAT said such actions were actively discouraged, and that if they occurred, they were isolated and the result of "salesmen acting out of competitive exuberance." BAT lawyers argued some American Tobacco employees may be fearful their jobs would be eliminated in the merger, and have a "hidden motivation."

The sharply skeptical judge said the FTC had failed to prove "whether any of this has any effect on American Tobacco in the marketplace," and he wondered aloud who might be trying to "sabotage" the deal.

"I have an idea there is some kind of a cabal going on here beneath the surface that doesn't represent the company's best interest," he said. "I wonder who's playing dirty pool and for what reason."

The FTC has been trying to block the sale of American Brands to BAT until it can be determined if the takeover would violate antitrust laws. The FTC fears the transaction would remove from the market one of only six major cigarette companies in the US, and thus raise prices. A hearing on that matter will be held in December.

Brown & Williamson of Louisville, KY, a subsidiary of BAT Industries PLC, London, makes Kool, Capri, Raleigh, Richland cigarettes.

American Tobacco of Stamford, CT, a subsidiary of American Brands, makes Carlton, Lucky Strike, Pall Mall cigarettes.

B&W WHISTLEBLOWER GIVEN OK TO TALK WITH HIS LAWYERS

Frankfort, KY. November 12, 1994. Brown & Williamson whistleblower Merrell Williams may speak with his lawyer about his case, a panel of the Kentucky Court of Appeals has ruled.

In overturning Circuit Judge Thomas Wine's previous restraining order which forbid Williams to talk about the case with anybody, the court ruled the order was so broad it would deny Williams his right to counsel. The court found that while Wine had ruled that the documents were covered by the attorney-client privilege, he had not actually seen them.

B&W is suing Williams for theft and violation of his secrecy agreement. While working for a law firm, Williams stole B&W documents considered sensitive in tobacco liability cases. Some of the documents were leaked to news organizations and federal investigators last May.

The company has been unsuccessful in forcing news organizations to turn over the documents they received.

RISK TO JOURNALISM IN PM LAWSUIT

New York, NY Nov. 14, 1994. Philip Morris' $10 Billion lawsuit against ABC over a report on nicotine manipulation has created a unique threat to the news media's ability to protect its confidential sources--the tobacco company has subpoenaed hotel, credit card, car rental and airline companies in order to obtain ABC reporters' travel records.

Philip Morris is seeking the identity of former RJ Reynolds manager who was shown in silhouette on a report last February on the tobacco industry's manipulation of nicotine levels in cigarettes. Philip Morris has dubbed the ex-employee "Deep Cough."

The company has said that without "Deep Cough," the show's accusations "would have no appearance of substantiation," while ABC has said they are basically the same charges made by other sources who have spoken for the record.

This fall Philip Morris issued 13 subpoenas to companies like American Express, Hertz, AT&T and the Adam's Mark Hotel in Winston-Salem, NC, in an attempt to trace the movements of ABC journalists and Day One producer Walt Bogdanich.

ABC has argued that such records would amount an "end run" around the ability of journalists to protect their sources.

"In this modern world," ABC lawyers said, "reporters cannot gather news from across the nation without making telephone calls, boarding airplanes, renting cars, staying in hotels and using credit cards. A reporter's privilege that provides reliable protection only where reporters gather news on foot and by word of mouth would be no privilege at all."

Last week, many of the country's largest news organizations went to Virginia to support ABC in its efforts to keep its reporters' travel and telephone records out of Philip Morris' hands, according to an article by William Glaberson in today's New York Times.

The news organizations--including The New York Times, The Washington Post, NBC, CNN, Gannett and The New Yorker--argued in a friend-of-the-court brief that surrender of the records in question would violate the First Amendment, and that the resultant potential to discourage whistleblowers "could have far-reaching repercussions affecting the ability of the media to gather news for dissemination to the public."

But Glaberson also quotes lawyer Martin London, who has represented tobacco companies in libel cases: "The press wants to have its cake and eat it, too. They want to say they reasonably relied on a source and they don't want to tell you who it is. The press takes a doctrinaire approach because they believe they are above the law."

The AP claims that Philip Morris believes "Deep Cough" is a woman.

"By disguising her in bulky clothing, presenting her in darkened silhouette and distorting her voice, ABC gave Deep Cough's statements the aura of an insider's revelation," AP quotes Philip Morris.

A judge will hear arguments and make a decision in the matter Jan. 6, according to AP.

Here are the 3 sections of the Day One program in which "Deep Cough" appeared:

Narration: "The processes involved in controlling the nicotine level are company secrets. This former RJR manager asked to be interviewed in silhouette."

DC: "On the average, the partly marketed brands contain about 22% reconstituted tobacco.. The cut-rate or generic brands typically contain usually about double that."

***

"Why would the companies use this nicotine-rich syrup?"

DC: "They put nicotine in the form of tobacco extract into a product to keep the consumer happy."

Interviewer: "They're fortifying the product with nicotine, is that correct?"

DC: "The, ah, waste filler. Yes they are."

***

Narration: "But how much nicotine is added? The companies control the dosage precisely, according to this former RJR manager.

Interviewer: "In commercially sold cigarettes, what percentage of tobacco extract is nicotine?"

DC: "Um, that really depends on what level the process calls for . . . in other words, I can say to you I want it at 1% . . . I want it at 5% . . . I want it at 10% . . . I want it at 50% . . . "

N.O. CLASS ACTION CASE RE-ASSIGNED

New Orleans, Nov. 16, 1994. Federal judge Frederick J.R. Heebe, 72, has stepped down from the potentially long and complex class-action "Castano" case in favor of a younger judge, recently-appointed Okla Jones 2nd.

"We've heard that Judge Jones is a smart, tough-minded straight-shooter, and that's exactly what is needed," said one of the plaintiff's lawyers, John P. Coale.

A hearing scheduled for this week will now be postponed until Dec. 14 to allow Jones to read the court filings.

The case, filed on behalf of a widow of a smoker, Dianne Castano, and 3 other people, seeks to create a class of nicotine-addicted tobacco users stretching back 50 years and comprising as many as 40 million smokers. The suit charges that the tobacco companies hid their knowledge of nicotine's addictiveness, and manipulated nicotine levels to keep their customers hooked.

Several extremely high-profile firms and lawyers are involved in the case; it is estimated to cost the firms at least $100,000 a year for the 60 lawyers working on it.

SOCIETY

US SMOKING AT LOWEST LEVEL SINCE 1941

Atlanta, Nov. 16, 1994. The CDC today released figures from 2 studies showing good and bad news about the shifting smoking patterns in the US.

While cigarette consumption by adults over 18 has decreased to its lowest level since 1941, high school smokers who smoked daily jumped to 19% from 17.2% the year before. While total teen smoking rates have held fairly steady at 19% for the past 10 years, the rate reflects a 14% rise in smoking by white teens, and a 50% drop in smoking by black teens.

"Black teens have really separated themselves from white teens. Either they've given up the habit or they've never started," Michael Eriksen of the CDC said.

"We don't know why for sure. . . . Cigarette smoking just isn't doing it for black kids like it is for white kids. In fact, black kids say smoking's a white thing."

Researchers said the steepest drop in smoking occurred in the late 1960s, when anti-smoking ads countered the TV ads of cigarette manufacturers.

"The anti-(smoking) ads were quite powerful. And then the industry volunteered to take its ads off TV. Everyone viewed that as a major victory but in fact it was probably the smartest thing they could have done," Eriksen said.

Eriksen said the cigarette manufacturers "not only saved money by not paying for TV advertising, but they took away the counter-advertising and there's never been counter-advertising since then on a national level."

1993 1992 1984

All Seniors 19% 17.2% 18.7%
White Seniors: 23% 22%
Black Seniors 4% 12.8%

Adult Per Capita Cig Consumption

Year PC Consumption

1941 2,236
1962 4,345 (peak)
1993 2,539
1994 2,493 (preliminary figure)

Year % of adult population who smoke:

mid-1960s: 43%
1993: 26%

Sex/Ethnic gp 1987 1990 1991 1992

Women 18-44 25.6% 26.7% 26.9%
white 26.5% 28.6%
black 22.8% 28.1% 22.6%
Hispanic 18.9% 18.9%
18-24 black 21.8% 5.9%
18-24 white 27% 27%

DELTA FLIES SMOKEFREE WORLDWIDE

Atlanta, GA. Nov. 11, 1994. Delta Air Lines announced today that it was extending its smoke-free flights to include trans-Pacific flights, making it the first US airline to go 100% smoke-free worldwide.

The new regulations go into effect Jan. 1, 1995.

The company said it had recently taken a survey of passengers that found 80% approved of smoke-free flights.

SMOKER'S HAT

From "News of the Weird," by Chuck Shepherd, Nov. 17, 1994.

The Los Angeles Times reported in July that engineer Wait Netschert has invented a smokers' hat with a facial apparatus that he says completely filters the noxious elements out of cigarette smoke before it is released 'into the air. A filtering locker, which is about six inches square by three inches high, cleanses the smoke and is strapped onto the smoker's forehead. A clear plastic shield drops down in front of his face to trap the smoke, which is then drawn up into the filter. Netschert, who says he has smoked for 40 years because cigarettes calm his nerves and who calls nonsmokers "FAFS" -- 'Fresh Air Freaks' -- hopes to sell the hats for $79.95.

CHEVY ASHTRAYS DOUBLE

Nov. 18, 1994. While Chrysler has removed ashtrays in some newer models, the 1995 Chevy Cavalier will come with an ashtray that is not only twice as large, but has a light which makes it easier to see, according to the San Jose Mercury News.

"The main complaint we got on the (previous version of the) Cavalier was that the ashtray was too small and hard to find," said John Sawruk, Cavalier's chief engineer.

Sawruk said 70% of Cavalier customers are women. "The group that buys this car is mainly young women -- a group where smoking is on the rise," he said.

CIG $$ LEADS TO LOTTO WIN

Austin, TX. Nov. 18, 1994. Joe Jones, the 62-year-old winner of a $53.9 million lottery prize said that since he quit smoking 2 years ago, he had been using his cigarette money to buy lottery tickets.

SPORTS

VIRGINIA SLIMS TENNIS EXITS, THEN RETURNS, TO MUSIC

New York, NY. Nov. 21, 1994. Sunday, the last Virginia Slims Championships was held at Madison Square Garden; Monday, Philip Morris announced a new Virginia Slims-sponsored tennis event--the 1995 Virginia Slims Legends Tour, "six weekend extravaganzas of tennis and spectacular concert performances." The tour features not only matches between ex-foes Martina Navratilova and Chris Evert, but concerts by pop singers Barbara Mandrell and Gladys Knight.

Navratilova and Evert have committed to singles matches at 6 Tour sites in Houston, Charlotte, Oklahoma City, Richmond, Tampa and Delray Beach. Each event will include a concert by Barbara Mandrell and Gladys Knight.

Evert, Navratilova, Billie Jean King, Virginia Wade, Tracy Austin, Evonne Goolagong, Rosie Casals, Wendy Turnbull, Frankie Durr, Betty Stove and two wild cards will compete in round-robins on the tour.

Prior to each stop, Virginia Slims will sponsor adult amateur doubles competitions. Winners at 4 local tournaments will go onto regional championships held on the Tour weekend. Winners there will have the opportunity to play a Legends team at the final tour stop in Delray Beach, FL.

The tour will benefit local AIDS efforts. At the announcement, Philip Morris presented a check for $75,000 to the National AIDS Fund.

Dates have not been set.

PEOPLE

TOBACCO & BARBIE

New York, NY. November, 1994. In his review of "FOREVER BARBIE--The Unauthorized Biography of a Real Doll" By M.G. Lord (Illustrated. 326 pages. William Morrow Company. 525.), Christopher Lehmann-Haupt quotes Ms. Lord's assessment the quintessential doll of the latter half of the 20th century:

"Barbie is also a space-age fertility icon, a totem of an ancient matriarchal power. In the dark, primal part of our brains where we process primitive archetypes, she is Ur-woman. As an icon, she has come to represent not merely 'American' women or consumer capitalist women, but a female principle that defies national, ethnic and regional boundaries."

But, writes Lehmann-Haupt, "Where did this mythic creature originate? Like so many post-World War II products, in Germany and Japan. As Ms. Lord reports, Barbie was born in the mid-1950's as a knockoff of Bild Lilli, a German cartoon manikin sold principally in tobacco stores as 'a sort of three-dimensional pinup.' After softening Lilli's streetwalker features, Barbie's creators, Ruth and Elliot Handler, had to look in Tokyo for a company that could produce their novelty cheaply enough. They named her after their daughter, Barbara, and later, when Barbie acquired her sexually abridged escort, they named him after their son, Ken."

LETTERMAN OFF CIGARS?

Nov. 18, 1994. The San Jose Mercury News reports that talk show host David Letterman, 47, "has recently sworn off smoking the big Cuban stogies he once enjoyed."

SHALALA ACCOMMODATES RABIN

The front page of the New York Times on Oct. 18, 1994 featured a picture of Prime Minister Yitzhak Rabin of Israel cadging a light off King Hussein of Jordan after the two had agreed to a historic peace accord.

One can only imagine Department of Health and Human Services Secretary Donna Shalala's feelings upon being seated next to the smoking Mr. Rabin at a dinner in honor of Secretary of State Warren Christopher Sunday night.

Mr. Rabin was the only guest who smoked, but Ms. Shalala, who is "vehemently opposed to smoking," according to a N. Y. Times article on the event, did not say anything.

Later she said, "I've sacrificed my principles and health for Middle East peace."

STAR TREK: ILLOGICAL SMOKING?

Nov. 20, 1994. In the early days of Star Trek, "NBC executives suggested that Spock smoke a space cigarette, to please a tobacco-company sponsor." So creator Gene Roddenderry has averred, according to a recent Time magazine article.

HEALTH

YEARLY X-RAYS PREVENT CANCER DEATH?

Nov. 29, 1994. Chicago, IL. Smokers benefit greatly from yearly x-rays, says a researcher whose re-examination of 4 studies contravenes the long-held recomendations of medical societies.

Health groups do not recommend yearly x-rays because studies have shown no benefit in total mortality rates between those who have them and those who don't. But cancer specialist Gary Strauss has turned that conclusion on its ear and found that, looked at another way, the four major studies actually showed yearly exams improve the survival rates of cancer patients 2-3 times.

The studies, involving a total of 48,000 smokers over 45, had originally found no benefit in the total mortality rates between those who had the preventive exams and controls who had not. But if one examined only the members of both groups who actually developed lung cancer, the difference in survival rates was striking.

"Data show that smokers who have routine chest x-rays are two to three times more likely to survive the disease than those who do not," Strauss, an oncologist at the Brigham and Women's Hospital at Harvard said. "The earlier the diagnosis, the more likely the disease can be effectively treated before it has spread to other parts of the body."

Strauss said that since 1980, when the American Cancer Society stopped recommending yearly x-rays, smoking in America has dropped.

"At the same time" he said, "the total number of lung cancer deaths has risen dramatically -- from 101,000 in 1980 to 153,000 in 1993. Survival rates would lead to the conclusion that there is a striking benefit associated with screening."

Jane Brody of the New York Times covered one of the studies, a 6-year Mayo Clinic study of 9,000 smokers. Still alive after 5 years: 33% of the smokers whose cancers were discovered through the screenings, but only 15% of control-group smokers whose cancers were discovered by other methods.

Total mortality rates from all causes after 9 years were actually higher for the screening group than for the control group.

Mortality rates had been used because, writes Brody, they were thought to be free of certain biases. Strauss apparently showed such biases did not influence his conclusions.

Brody mentions two important considerations in Strauss' recommendations:

Costs:

46.3 million current smokers and 43.5 million former smokers all taking yearly x-rays would severely impact on the medical care system.

Radiation:

Cumulative exposure to radiation is a concern. However, writes Brody, "A chest X-ray . . . does not result in any more radiation than is received during the four views taken in a mammogram, which is widely believed to involve no meaningful cancer risk even if done annually for 30 years."

Dr. Strauss released his findings at the annual meeting in Chicago of the Radiological Society of North America..

SMOKING & IMPOTENCE

Atlanta, Dec. 1, 1994. A study of 4,400 Vietnam-era soldiers found that smokers were slmost 50% likely than nonsmokers to report they were impotent, according to a report by the US Centers for Disease Control & Prevention.

The survey found reports of persistent impotence from:

--3.7% of smokers.
--2.2% of never-smokers, and
--2.0% of former smokers

The CDC stressed the data showed smoking was a link to impotence, not a cause.

However, the CDC noted, smoking is also linked to other factors associated with impotence, such as vascular disease, drug and alcohol use and depression.

The CDC said the study controlled for these factors, along with other factors influencing impotence such as aging, race, anxiety, diabetes and medication Such controls decreased the difference in impotence reporting from 80% to 50%.

"When we just looked at smokers vs. nonsmoker, smokers had 80 percent more impotence. But, even after adjusting for all the risk factors, smokers still had significantly more impotence," said Dr David Mannino, a medical epidemiologist with the CDC.

The CDC offered some possible explanations for the result:

Mannino said toxic elements in cigarettes could affect impotence. Carbon monoxide can relax blood vessels, and nicotine is known to affect the central nervous system.

"It's possible that nicotine is involved in the receptors that are responsible for appropriate sexual functioning," Mannino said.

He also pointed to research showing smokers are more likely to develop vascular disease than nonsmokers. "You need good blood vessels to maintain an erection," he said.

Neither number of years smoking nor daily consumption seemed to affect reports of impotence, but since the group was fairly young, Manino said this could change with age.

The 1985-86 survey involved 4,462 Vietnam vets who were between the ages of 31 and 49. Of those, 2008 said they smoked, while 1,292 said they once were smokers, and 1,162 said they had never smoked.

The CDC said the rate difference may be slightly higher because the survey's data was dependent on the men's willingness to acknowledge impotence. However, it would seem another reason for the results could be that smokers are simply more willing to report their impotence than nonsmokers.

This interpretation would also tabulate with Mannino's stated impetus for the survey--studies which have found smokers make up 70% of men seeking help at impotence clinics.

The report appears in the December issue of the American Journal of Epidemiology,

FEDERAL

WAXMAN'S LAST GASP

Washington, Nov. 29, 1994.

Once he commanded the titans of industry to appear before him, and they did. Today, the sole executive requested by Rep. Henry A. Waxman (D-CA) "respectfully declined" his call. U.S. Tobacco CEO James Taddeo told Waxman he'd prefer to wait until next year, when a new Congress "will place tobacco issues in a proper perspective relative to the many other issues the new Congress will face."

Nevertheless, Waxman today held his hearing to investigate whether US Tobacco, which makes a variety of smokeless tobacco brands, uses graduated nicotine-level products--some candy-flavored--to entice and addict minors.

Taddeo, who appeared at the more cigarette-focused hearings last April, declined to testify, and refused to allow the questioning of UST chemists quoted in a Wall St. Journal article who said the company does not manipulate nicotine levels, but does adjust nicotine absorption levels by varying its products' alkilinity.

Despite the lonely proceedings (not even many members of the committee showed, only 2 Democrats, and 1 Republican, J. Alex McMillan (R-NC), who merely appeared long enough to blast those who would attack the tobacco industry) the hearing heard testimony that:

--Company memos show UST's Skoal Bandit brand was created in 1983 as a "starter brand," packaged in a tea bag, and with a low-nicotine delivery level to attract new users in the 15-35 age bracket, who would slowly graduate to the stronger Copenhagen brand.

--A slightly stronger starter brand, flavored Skoal Long Cut, was introduced in 1984. A cherry flavored version, introduced last year, greatly ease the strong nicotine effects for new users. The Wall St. Journal article quoted an ex-UST sales rep as saying: "Cherry Skoal is for somebody who likes the taste of candy, if you know what I'm saying."

--Even young children may send away for free samples

--Companies can and do change the alkilinity, or pH level, of their brands.

Waxman said this last is evidence of the companies' manipulation, if not of the nicotine levels in its products, then of nicotine actually absorbed by its users. "It isn't a spiking of nicotine, it's adding some chemicals that means the user gets more nicotine," he said.

UST submitted affadavits which claim the company does not manipulate absorption levels, but admitted adding the chemicals which would result in higher pH levels--sodium carbonate or ammonium carbonate--for taste.

Waxman complained affadavits could not be questioned.

(Nicotine absorption is affected by other factors. A finer cut releases more nicotine, but is messier to use. The fermentation of tobacco--which turns it into snuff--produces ammonia as a byproduct; ammonia also increases pH levels. Shelf life can be a factor also, as snuff continues to ferment in the can.)

Waxman will only head the powerful House Energy and Commerce health subcommittee for a few more weeks, at which time the majority Republican party is likely to install tobacco state legislator Thomas A. Bliley (R-VA). to chair the committee.

Bliley has indicated the almost year-long investigation into tobacco and health will not be pursued.

Waxman urged the Republican congress to continue the investigation. "This issue can't be swept under the rug," he said at the end of the hearing.

Waxman urged Bliley, who was not at the hearing, to continue the probe, and said he would release further evidence.

"I don't think this issue ... is a partisan matter," he said. "We will look for opportunities to press our case."

LOCAL

TOBACCO LOBBYIST CONVICTED

Baltimore, MD. Nov. 30, 1994. Lobbying lawyer Bruce Bereano served the Tobacco Institute in Maryland long and well--a "super-lobbyist," according to the Washington Post. But now that a US District jury has found him guilty of 8 counts of mail fraud, he faces 40 years in jail and a $2 million fine for overbilling clients and using the money to make illegal campaign contributions, according to the AP.

Prosecutors portrayed Bereano as a con man who nickel-and-dimed four clients out of $16,000.

"He knew his clients trusted him and wouldn't bother to question about $100 here, $50 there," the US prosecuting attorney said. "The money simply has been laundered. Mr. Bereano put one cause above and beyond the rest, and that was Bruce Bereano."

Yet the defrauded clients, who testified for the prosecution, all praised Bereano's character, and "not one . . . said they felt cheated or asked for their money back," according to the defense lawyer.

Even the judge, U.S. District Judge William M. Nickerson, felt the prosecution's case so weak he was ready to dismiss it, but said lst week the law required him to "consider the prosecution's evidence in the most postitive light," according to AP.

AP says Bereano, 49, once was a chauffer for Robert F. Kennedy, has been a lobbyist for the Tobacco Institute since 1981, and in 1989 was the first Md. lobbyist to make $1 million a year.

He fought for a 1992 state law, known as the "Tobacco Control Act," which would have preempted localities for enacting any smoking regulations tougher than then-current Maryland laws. The bill, had it been approved by the voters, would have prevented localities from mandating even nonsmoking sections in restaurants.

In 1994, he filed suit for a vending machine operator against the Howard City Council for passing a non-binding resolution asking businesses to remove their cigarette vending machines accessible to minors. He also threatened to sue individual members who had voted for the measure.

As lobbyist for the Tobacco Institute, he threatened a lawsuit if Maryland passed its smokefree workplace bill. The bill became law, and was scheduled to take effect last August 1, but it has been suspended pending the outcome of a legal challenge filed by, among other businesses, R.J. Reynolds Tobacco Company, Lorillard Tobacco Company, American Tobacco Company and Brown and Williamson Tobacco Company.

AZ: NEW CIGARETTE TAX

Mesa, AZ Nov. 29, 1994. This November, Arizona residents passed a tax on cigarettes that is thought will add 40 cents to each pack of cigarettes.

The tax takes effect on the wholesale level Dec. 1, so all this week smokers have been stocking up.

An unusual aspect of the tax is that it will apply to sales of cigarettes to non-tribal members on Indian reservations. Sales will be traced through different-colored tax stamps. Tribal leaders may mount a challenge to the law.

The current 18 cent tax is exempt on reservations.
The new tax is expected to raise $90 million the first year.
70% goes to health care for the medically needy
23% to educational programs on tobacco
5% to research into tobacco-related diseases
2% to state prisons

END OF DOCUMENT