HEALTH
SMOKING AND GENE DAMAGE March 16, 1995. A study of "head and neck" cancers has found increased mutations of the "guardian angel" gene (p53) in long-time smokers. The p53 gene is capable of preventing division in cells with damaged DNA. When p53 is lost, genetic mutations can be passed on and accumulate, an important step in tumor growth. The Johns Hopkins University study of 129 patients found the tumors of smokkers were twice as likely, and the tumors of smokers who drank were three times as likely to have p53 damage as those of patients who neither smoked nor drank.
The tumors of 5 patients who neither smoked nor drank had p53 damage; however, the tumors were limited to a site considered naturally "unstable" and prone to random mutation without exposure to carcinogens. One-quarter of the smokers' tumors appeared at this site.
Some consider this phenomenon a "smoking gun" definitively linking smoking and cancer on a molecular level.
"We have such strong molecular proof that we can take an individual cancer and potentially, based on the patterns of genetic change, determine whether cigarette smoking was the cause of that cancer," said Dr. David Sidransky. He called the study, "... the end of the road for the tobacco industry" in its assertions that no proof exists that smoking and cancer are linked."
The study was published in today's New England Journal of Medicine.
In other molecular news, Reuter reported on March 10 that a paper presented at a San Antonio American Heart Association meeting linked smoking to LDL (low-density lipoprotein), the "bad" cholesterol.
Researchers tested 24 people between 16 and 37 years of age and found that smokers' LDL oxidized 40% faster than the LDL of nonsmokers. LDL oxidation can increase plaque buildup in arteries.
Previous studies have linked smoking with a negative effect on high-density lipoprotein--HDL, the "good" cholesterol--but the effect was minor.
"This very large effect of smoking on oxidative damage to LDL is consistent with the fairly large effect of smoking on the risk of heart disease," said Dr. James Dwyer of the University of Southern California School of Medicine in Los Angeles
BUSINESS
It's bad enough consumer lawsuits have been battering the tobacco industry. Now this month, two suits have been brought by suppliers to the industry--companies which seem nervous about getting dragged into tobacco product liability cases.
Harley Davidson had licensed its trademark for Lorillard to wrap around its cigarettes, and Manville Corp. had supplied fiberglass to be used in RJ Reynolds filter tips. Each company seems to be taking a long hard look at its partner, and wondering whatever could have possessed them last night. Now they just want to get home, but their respective partners are proving to be harshly unrelenting about previous promises.
Tobacco industry suppliers may be paying special attention to the unexpected blow that hit paper manufacturer Kimberly-Clark Corp.-- supplier of paper products and reconstituted tobacco to cigarette manufacturers--when it was named as a co-defendant in the West Virginia lawsuit which seeks reimbursement of Medicaid costs resulting from smoking-related diseases.
More companies seem to be looking at their tobacco associations as potentially risky endeavors. According to Business Week, "Pfizer Inc., for instance, plans to highlight in its first-quarter earnings statement a policy that prohibits units from doing business with Big Tobacco and its suppliers. Tobacco soon could become a very lonely field."
HARLEY-DAVIDSON PEELS AWAY FROM CIGARETTES
Cowboys still saddle up. Only today it's not always a sleek stallion. It's a chopper with bright chrome A Loud temper and an unbridled urge to stand out from the herd.
--advertising copy for Marlboro cigarettes.
March 22, 1995. Just as Philip Morris is trying to expand the definition of a "Marlboro Man" to encompass motorcycle-riding, Harley-Davidson has become locked in a bitter court battle trying to end its relationship with Lorillard, the maker of "Harley-Davidson" cigarettes.
Harley first allowed the licensing of its name in 1986, when "a lot of our riders smoked." For years, the cigarettes were only sold regionally. Then Lorillard made plans to take the brand national.
In 1993, Harley refused to lend approval to a national ad campaign it felt appealed to children. Lorillard sued. An out-of-court settlement stipulated that Lorillard disclose its "true financial condition." H-D apparently suspected that Lorillard was "deplet(ing) its assets" by paying large dividends to its parent company, Loews Corp., as a hedge against potential product-liability claims. Harley wanted to be sure Lorillard would have the assets to meet its obligations.
In practise, apparently neither side fulfilled its agreement.
Last week, Lorillard filed a $320 million lawsuit claiming Harley was wrongfully refusing to approve its campaign, and that the "true financial condition" requirement was an act of "bad faith."
This week, Harley filed a countersuit seeking to terminate its 9- year-old licensing relationship with Lorillard, claiming that Lorillard's accounting firm has refused to verify that the company could meet its financial commitments, and that the ads could appeal to children.
`Children shouldn't smoke. It's immoral and illegal to encourage them to smoke, and we're opposed to any use of our name to induce kids to smoke," said Tim Hoelter, H-D's vice president and general counsel.
Although Lorillard has agreed to assume all financial liability in the event of a lawsuit, Hoelter said, "We have not been sued, but our name is out there on cigarettes. And we are seeing these massive claims. Our goal is to close the barn door before the horse runs away."
Richard F. Teerlink, president and chief executive officer of Harley said in a press release, "We make no apologies about our concern for children . . . we were dismayed by Lorillard's 'don't ask' policy when we sought information about how their ads affected kids. And, in light of mounting litigation threats against Lorillard, we certainly can't turn a blind eye toward Lorillard's inability or unwillingness to verify its true financial condition, as this relates directly to its ability to satisfy its future indemnification obligations to us.
"We've been very concerned about our relationship with Lorillard for the last several years. Lorillard's financial promises to us are worthless once litigation forces cigarette manufacturers into distress or bankruptcy. Lorillard's defaults in this area involve protections Harley-Davidson bargained for to ensure that Lorillard will be able to keep its promises. We are not required to wait until Lorillard has declared bankruptcy before ending this relationship. Our stakeholders . . deserve better stewardship than that."
The disputed ad campaign featured a "Darth Vader-type motorcycle rider with a background of neon colors," according to Hoelter, and "were clearly derivative of comic book characters and `heavy metal' art that are extremely popular among teenagers."
A Harley spokesperson said the company could tell where Lorillard was test-marketing because of the complaints from customers and dealers that would start pouring in.
Lorillard claims Harley blocked virtually any ad that shows a motorcycle or rider.
GLASS GETS IN YOUR FILTERS
March 6, 1995. Former asbestos manufacturer Manville Corporation filed suit to stop providing fiberglass for RJ Reynolds filter tips. The move threatens to derail the introduction Reynolds' smokeless cigarette, "Eclipse." Eclipse is a vitally important product for the company; Reynolds is hoping it will help defuse the environmental tobacco smoke issue..
Manville's Schuller International unit agreed three years ago to supply glass fiber for Reynolds filters for "developmental purposes." Manville said it was comfortable with that arrangement, but not for use in cigarettes to be sold to consumers.
There is some concern--echoed in 1994 Philip Morris patent papers for its own version of a smokeless cigarette--that inhaled glass fibers may combine with tars to increase chances of lung cancer. Reynolds claims such fibers would become fused by the heat passing through the filter. Philip Morris has expressed concern that "glass fibers may become dislodged during shipping and migrate through the pack to rest on the mouth end . . . giving rise to the potential for the inhalation of glass fibers."
Business Week addressed the function of the glass fibers this way: *** John F. Pauly, a researcher at Roswell Park Cancer Institute who has analyzed Eclipse samples, says glass fiber is a key component. "It could be difficult to find a good insulator that's cheap and poses no health problems," he says. "These are high-tech devices. These are not just tobacco wrapped in paper." ***
According to a spokesperson, RJR claims the suit is just a "misunderstanding. . . We fully expect we'll be able to resolve any issues with them in the next few days or weeks."
Under an avalanche of asbestos-related lawsuits, Manville filed for bankruptcy protection in 1982. After a restructuring in 1988 it agreed to a $2.5 Billion trust to pay for asbestos claims.
MARLBORO MAN SHOOTS DOWN "GUNSMOKE" March 21, 1995. Just because the Marlboro Man might like a chopper- ride once in awhile, he's not ready to turn in his horse--or let it get rustled away by a fresh kid looking to make a name. In a copyright infringement suit in US District Court, Philip Morris won a temporary injunction against 5-year-old upstart Star Tobacco forbidding the marketing of their "Gunsmoke" cigarette brand. PM said the company, one of whose officers is a former PM officer, used packaging and type similar to PM's Marlboro. Gunsmoke has also used slogans such as "There's a new man in town," and "Welcome to Gunsmoke Country." Star will appeal.
Star has also recently made news in a controversy unrelated to the PM suit. Just last week the company agreed to withdraw its "X" cigarette brand, which received wide criticism for seeming to trade on an association with Malcolm X. Unmentioned in news coverage was the fact that Malcolm X made an anti-smoking commercial in the early 60s.
PEOPLE
VICTOR CRAWFORD ON 60 MINUTES On Sunday, March 19, 1995, the CBS-TV news show, "60 Minutes" featured ex-tobacco industry lobbyist, Victor Crawford. Mr. Crawford has had throat and lung cancer, and is now an anti-tobacco activist in his home state of Maryland--which at this moment is undergoing a monumental battle over implementation of anti- smoking legislation that is the toughest in the nation.
Leslie Stahl conducted the interview. Below are Mr. Crawford's observations:
Stahl: You yourself said it wasn't addictive when you were smoking and knew it was addictive.
Crawford: True. It's not a crime 'cause I wasn't under oath. It wasn't perjury. And it was what I was been paid to do.
Crawford: Was I lying? Yes, yes. . . Yes, yes. . . Of course. My job was to win. . . Even if you're going out lying about a product that's gonna hurt kids. Your job is to win.
Stahl: So you took on a black hat. Why did you do it?
Crawford: Money, big money. The big money. Unfortunately the, uh, the other groups are not in the position to pay, to pay the big bucks, which is necessary to hire the best people.
. . I could make a phone call and get the Speaker of the House of Delegates out of his bathtub at home to come to the phone.
. . . My job was to defeat legislation that was gonna hurt the industry. If I couldn't defeat it, then the job was to wound it to the point where it wouldn't fly.
. . . We were used to bringing scientists out of the woodwork and have this particular lab do this, and we'd have a poll polled by some cockamamie pollster saying this, that or the other.
. . . just to show him that the jury's still out, that you shouldn't take away anybody's civil rights until you're absolutely sure what you're doing. How can you be absolutely sure when this, this XYZ laboratory, world famous laboratory . . . Why is it world famous? Because I said it is and nobody's checked.
Stahl: I have to tell you, it's shameful.
Crawford: It happens. It happens every day. It happens every, in every legislature.
. . .
Stahl: And how do you arrange a pro-smoking rally?
Crawford: Well, the name of just about every smoker who's ever filled out a cigarette coupon or questionnaire goes right into some computer somewhere. . . In some cases, even brands they smoke. How they . . .
Stahl: Every smoker?
Crawford: Of course.
Stahl: Of course?
Crawford: They send out cards . . .
Stahl: People are going to be surprised to know that if they're a smoker, just because they're a smoker, their name's on some computer.
Crawford: Oh sure. How do you think, how do you think all of a sudden in twenty-four hours' notice I was able to turn out a big display, uh, smokers for equal rights waving signs? Where do you think that, all that information comes from?
Stahl: Well, how did, how did you get those people?
Crawford: Pick up a phone. Pick up a phone. Call down. Say, "Hey, I need a demonstration. You better get all the troops alerted." And next thing you know, most of 'em show up.
Stahl: [voiceover] But the demonstration against the proposed ban didn't work. So Crawford tried a new tactic. He denounced the ban's backers as "health Nazis," a term he coined.
Stahl: What did you mean when you first used it?
Crawford: I attacked the messenger on the grounds that they were trying to destroy civil liberties, that what they were trying to do was to put their values upon the general public, and try to impose it upon the working man who wants a glass of beer and a pack of cigarettes and destroy his freedom of choice.
Stahl: I've heard that argument myself.
Crawford: That's right. If you've got good people arguing for you, you can turn the issue away from the message. That's what I'm saying. Get them away from the focus because you can't defend it. . . Attack the messenger.
Stahl: You are describing the most cold-hearted, cynical, destructive set of values, I'm sorry, because these were your values.
Crawford: They were.
Stahl: And you're just telling it to us as if, sure . . .
Crawford: It's the American way.
. . .
Stahl: You don't smoke any more?
Crawford: Oh God, no. I still miss it.
Stahl: You still miss it?
Crawford: Yeah. Oh yeah.
Stahl: Come on.
Crawford: I can still remember how great it was in the morning with that cup of coffee and that cigarette. I mean, even now.
Stahl: You have a look of close to ecstasy on your face.
Crawford: If, if it wasn't for this cancer, I'd be smoking. I'm an addict. If you can, statistically if you can hook people like me in their teens, they always stay hooked.
. . .
60 Minutes then focused on the federal anti-tobacco actions of 1994, and the radically changed congressional situation now. It told of the new head of the committee which would regulate tobacco, Thomas A. Bliley (R-VA).
Bliley: There was uh, a uh, a kangaroo court type operation which the chairman brought em in and swore these executives in and treated them rather shabbily and uh, they testified and under oath that they uh, did not spike uh, their cigarettes. And they don't.
Stahl: Bliley, by the way, represents the Virginia district that includes the headquarters of Philip Morris, maker of Marlboro the world's best selling cigarette.
Bliley: As far as I'm concerned, uhhh, we have uh, enough laws on the books regulating the uh, sale of tobacco uhhhh, already.
Crawford: They have the chairman of the committee. Makes no bones - He's from Richmond - that, that he's financed by Philip Morris.
Stahl: Mr. Bliley?
Crawford: Yeah. He makes no bones about it
Stahl: He makes no bones about it?
Crawford: No. He makes no bones about it. There's no question about it. And he says, no bill will ever get out of his committee.
Stahl: Then, are you saying he's owned by the tobacco lobby?
Crawford: Uh, owned? I don't know . . . I would certainly say he's controlled by them.
If he's, if he's gonna stand up and say that no tobacco bill will ever pass my committee. Ha! That's pretty clear indication where he's coming from and who's, who's pulling his strings.
Michael Pertschuk (head of the anti-smoking Advocacy Institute): And in every key congressional district Philip Morris hires a particular lobbyist. . . every single key district where they, where there's a key chairman or a key, key member of congress that they need to get. They hire a lobbyist with one purpose, to lobby one member of Congress. . .
. . .
The show's last segment focused on the relationship between Crawford and his new close friend--Michael Pertschuk.
Pertschuk: Now, I didn't know Victor. And I had seen this guy over the years. I mean he was . . . Not only didn't I know who he was, but I didn't like him. I mean, he did this Tai Chi in a way that was sort of uhhh, well, something of a show-off. That's what I thought.
Crawford: I didn't know who he was. And we were sitting around having breakfast after my Tai Chi. I was taking Tai Chi. I still am for 30 years.
Pertschuk: And we introduced ourselves around. And he says, "My name is Victor Crawford. I used to be a tobacco lobbyist and now I've got throat cancer. I guess I've got my just desserts." Just like that.
Stahl: So why is Victor Crawford saying what he's saying?
Pertschuk: Victor really doesn't give a damn. Victor's really thinking about how he can make some use of the rest of his life.
Stahl: [to Crawford] Have you heard from your old colleagues?
Crawford: I have . . . received word back by the grapevine that they, they feel I'm not exactly kosher to bite the hand that fed me. And they have a good point. That's exactly what I'm doing. There's nothing they can do to me. Like I told at, the person that called me. What are you going to do? Give me cancer . . . ? Huh?
RELATED
OPINION
THE FUNNY PAGES
A new study says that people who quit smoking have healthier lungs . . . Yet another ground-breaking story from the pages of the medical journal, "Duh."
--Norm MacDonald, Saturday Night Live March 25, 1995
MR. BUTTS CONSIDERS LAWSUITS
March 18, 1995. This week Gary Trudeau's "Doonesbury" comic strip once again featured the walking, talking, tobacco-touting lit cigarette, Mr. Butts.
MR. BUTTS [reading newspaper with headline: "States Out Of Control"]: "So I'm just reading the newspaper, okay? . . Suddenly I see the news that states are pressing class- action suits against tobacco companies! I can scarcely believe my peepers!
Frankly, I'm steamed! This is supposed to be a conservative era -- with less interference from government! I decided to demand an explanation!
MR. BUTTS [talking to a floating lit bomb, Trudeau's symbol for Newt Gingrich] What's the deal with all the lawsuits?
BOMB: I don't control the courts. . . yet.
MR. BUTTS GOES TO LAW SCHOOL
MR. BUTTS: So I ask the Speaker, 'What's the deal? I thought you people were going to CONTAIN product liability!
BOMB: Keep your shirt on!
MR. BUTTS: ...He admonishes me.
BOMB: We're getting to it as fast as we can! The problem is the lawyers -- they HATE reform! Take the Florida suit, where the state is trying to recover $1.4 billion in medical costs . . . Know how much the lawyers get if they win? $350 million! That's why they're taking on tobacco! You guys better be READY!
MR. BUTTS [in a classroom]: Panicked, I enroll in LAW SCHOOL!
But it turns out to be TOO BORING!"
MR. BUTTS FRETS ABOUT FLORIDA SUIT
MR. BUTTS: At first I worry myself sick over the Florida Class- action suit.
MR. BUTTS: Then suddenly it HITS me! The suit is for only $1.4 Billion! The tobacco companies make more than $50 Billion in the U.S.!
MR. BUTTS (at a party): So even if we LOSE, we can handle it! Now THAT'S cause for celebration!
MR. BUTTS (the party's over): Then I remember--there are 50 states!
MR. BUTTS: I bum myself totally.
MR. BUTTS SEES FLORIDA PATIENTS
MR. BUTTS: (in hospital room) Okay, so I fly down to Florida to see for MYSELF these "patients" with tobacco-related illnesses!
DOCTOR: This patient has emphysema. Each day he's in the hospital costs the state $900. That's why we're suing,
MR. BUTTS: ...claimed the attending doctor!
MR. BUTTS (alone at night, walking by the shore) Later, I have a dark night of the soul...
...I take a long walk...
...I agonize...
MR. BUTTS (in the day, on a beach lounger with a parasol-drink and two blondes): ...I get OVER it!
Heck, I'm in FLORIDA!
MR. BUTTS VISITS FLORIDA GOVERNOR
MR. BUTTS: "I decide to take the bull by the horns! I set up an appointment with the GOVERNOR himself!
MR. BUTTS [in Florida Governor's office]: Governor, if you drive tobacco out of Florida, people will put on WEIGHT! Think of the impact on your BEACHES! And the TOURIST TRADE! Okay?
GOVERNOR [speaking to a confused-looking Mr. Butts.]: My God sir! People are dying and you speak of WEIGHT GAIN? Have you no shame, sir? Have you finally no SHAME?
MR. BUTTS [floating in a swimming pool, drink in hand]: I extend my visit to think it over! (Thought balloon): Wonder what he meant by shame . . ."
MR. BUTTS GETS BACK TO WORK
MR. BUTTS (at poolside with his drink): "On the face of it, not such a hot week for Old Buttsie, right? Wrong.
MR. BUTTS: You see, I suddenly remembered something: we never lose lawsuits! Since 1954, we've won 800 in a row!
MR. BUTTS: So what was I worried about? The INDUSTRY had things under control! It was time for me to get back to what I do BEST!"
[Mr. Butts is sitting on a staircase, talking to a crowd of kids]
KID: "And that's why you're talking to US?"
MR. BUTTS: "That's right, Suzy! And to kids JUST LIKE you all over Florida!"