Tobacco News, October 31, 1995
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HEALTH
Smokers' Lung Cancer Deaths Soar
September 10, 1995. Lung cancer death rates among smokers have risen dramatically during the last 4 decades, according to a new study.
The study found that from the 60s to the 80s, lung cancer death rates:
--Rose six times among female smokers--from 26 per 100,000 to 155 per 100,000. --Almost doubled among male smokers--from 187 to 341 per 100,000. --Remained the same among lifelong nonsmokers.But smoking-related heart disease deaths declined by 50% among both smokers and nonsmokers, adhering to the pattern of lower heart disease deaths in the population at large due to advances in medicine and increased awareness of the benefits of diet and exercise. Very little progress has been made in detecting and treating lung cancer.
Premature mortality--defined by AP as "the excess death rate of smokers compared with nonsmokers"--doubled in women, and remained the same in men.
Lung cancer has now surged ahead of coronary heart disease as the main tobacco-related cause of death of white, middle-class smokers. Improvements in heart disease treatment and prevention may have resulted in more smokers advancing to an age of increased vulnerability to lung cancer.
The study was a comparison of two large previous studies involving over 650,000 people, and was conducted by Dr. Michael J. Thun of the American Cancer Society and colleagues at the Emory University School of Public Health. The study was published in the September issue of the American Journal of Public Health.
LOCAL
NY: Fined store still selling to kids
New York, NY October 16, 1995. Even a store that has been fined twice for selling cigarettes to kids continues the practice, according to an article by Bob Liff of the New York Daily News.
New York City's vaunted "three puffs and you're out" plan to suspend the licenses of stores caught selling to kids 3 times has resulted in only one suspension--the Harlem Mini-Market (8th Ave. and 133rd St.).
Liff found 3 previously cited stores refused sales to undercover teens, though a 16-year-old was easily able to buy cigarettes at another store which had been cited twice (79th St. Convenience Store on Amsterdam Ave. on the Upper West Side). Liff claims teens generally look on the crackdown as a joke.
The Consumer Affairs Commissioner AIfred Cerullo told Liff that store ownership turns over too quickly for the law to be effective. Cerullo suggested the law should be amended to revoke licenses, rather than suspend them, and to do so within one or two violations, not three.
Under New York City law, a cigarette purchaser must be 18 years old; ID must be checked if the purchaser looks under 25.
Liff cited the following stores as having received two warnings from the Department of Consumer Affairs for selling cigarettes to minors:
MANHATTAN
- Maceo Dell Grocery, 454 Amsterdam Ave.
- 79th St. Convenience Store, 389 Amsterdam Ave.
- Patel Newsstand, 45 E. 14th St.
- Village Gate Deli/Grocery, 160 Bleecker St.
- Orange Blossom Dell, 307 West Broadway
- Store 24, 37 Third Ave.
- Thompson Street News, 234 Thompson St.
- Harlem Mini-Market, 2481 Eighth Ave.
- Atah Inc., 4195 Broadway
- Soho Down Under, 300 West Broadway
- 4167 Broadway Food, 4167 Broadway
BROOKLYN
- Dan & Nat Foods, 501 Church Ave.
- American Grocery, 84 Fourth Ave.
- Iramanuel Dell Grocery Corner, 3043 Avenue V
- B&N Stationery, 126 Court St.
- F&S Mini Market, 856 Manhattan Ave.
- John's Deft, 214 Central Ave.
- Family Grocery Store, 320 Myrtle Ave.
- Hernandez Grocery, 202 Myrtle Ave.
- Los Hernandos Grocery, 176 Grand St.
- Metro Tech II, 171 Myrtle Ave.
- M&M Est Farm, 918 Manhattan Ave.
- Razik Hizam, 903 Manhattan Ave.
- Los Primos Grocery Store, 230 Grand St.
QUEENS
- Bayside Mini Mart, 211-12 Northern Blvd.
- Puerto Rico Grocery. 116-19 Jamaica Ave.
- AKMA Deli-Grocery, 149-13 Jamaica Ave.
- College Deli, 160-21 Archer Ave.
- Stop Dell Grocery, 122-09 Liberty Ave.
- Lickity Split, 74-38 Jamaica Ave.
- Alsaba Stationery, 118-17 Liberty Ave.
- Broadway Service, 32-09 21st St.
B R O N X
- Sweet Shop, 1039 Castle Hill Ave.
- Fadh AAAA Newsstand, 1448 East Ave.
- Rosely Grocery, 1105 Morrison Ave.
- Concourse Deli Grocery, 2371 Grand Concourse
- Tamayo Grocery, 2306 Grand Concourse
- Concourse Dell & Grocery, 1695 Grand Concourse
- Concourse Dell, Grocery & Tobacco Shop.:
- 2155 Grand Concourse
- NMA Deli & Grocery, 2255 Grand . .Concourse
- Los Amigos, 1266 Grand Concourse
STATEN ISLAND
- Newsstand Mgmt. Inc.. St. George Ferry Terminal
- Guddi Groceries, 466 Bay St.
- Tas Fresh Fruit & Veg., 533 Bay St.
- WYNE World Wide, 79 Castleton Ave.
- Wyne World Wide, 323 Victory Blvd.
CA: 800 Number established for reporting youth access sales
August 28, 1995. Sacrament, CA: California health officials announced today a unique approach to combatting youth access--an 800 number whereby citizens may report vendors who make tobacco sales to kids.
The number, 800-527-5443 (800-5-ASK-4-ID), may also be used by merchants and educators to request information about youth smoking.
The new $14 million campaign was instituted by the state Department of Health Services just after a recent finding that underage smoking has risen from 9% in 1990 to 11% in 1994.
The four-part program will also include an advertising campaign, funds for enforcement of youth access laws, and an educational program intended for local merchants.
BUSINESS
Harley Rides from Cigarettes
Milwaukee, October 10, 1995. Motorcycle manufacturer Harley-Davidson has succeeeded in extricating itself from the cigarette business. H-D today said a settlement has been reached with Loews Corporation's Lorillard Tobacco unit to discontinue sales and manufacturing of Harley-Davidson brand cigarettes.
Under the 1986 trademark licensing agreement, Lorillard agreed to assume H-D's financial obligation should a cigarette liability lawsuit succeed.
H-D sued las March to break the agreement, under grounds that Lorillard would be financially incapable of meeting that stipulation. The company also claimed the brand's upcoming marketing campaign would appeal to children.
Just recently, Lorillard became possibly the first tobacco company to be forced to pay damages in a liability lawsuit. On August 31, 1995, a Californai court ruled for Milton J. Horowitz, who claimed his mesothelioma had been caused by the "blue asbestos" in Kent Micronite filters.
Lorillard is due to pay $1.3 million in the suit. 10 other mesothelioma cases are in process.
Smoking Memo: RJR official targeted youth Market in 1970s
Washington, October 6, 1995. Two memos by an RJ Reynolds official on targeting youths have come to public awareness this week, fueling anti-tobacco groups' demands for FDA regulation of the tobacco industry.
The first story broke Wednesday, Oct. 4, when John Schwartz of the Washington Post reported that in 1973, an official recommended several approaches the company could take to target the "youth market," or those 21-and-under.
The second story was broken by USA Today's Doug Levy on Friday, Oct 6. Levy quoted from a memo written by Teague 3 years later which stressed the importance of developing a new brand for "the 14-to-18-year-old group."
"Research Planning Memorandum on Some Thoughts About New Brands of Cigarettes For the Youth Market" was written by the RJ Reynolds Tobacco Company's then-assistant director of research and development, Claude E. Teague, Jr. on February 2, 1973.
Schwartz quoted from the memo:
-- "Realistically, if our company is to survive and prosper, over the long term, we must get our share of the youth market. In my opinion, this will require new brands tailored to the youth market . . . we should simply recognize that many or most of the `21 and under' group will inevitably become smokers, and offer them an opportunity to use our brands." --"We are presently, and I believe unfairly, constrained from directly promoting cigarettes to the youth market."Schwartz said Teague laid out a "clear strategy for attracting" the market.
--"The beginning smoker and inhaler has a low tolerance for smoke irritation, hence the smoke should be as bland as possible. . . The rate of absorption of nicotine should be kept low by holding pH [acidity] down, probably below 6." --Ads should suggest the new brand could as a way of relieving the pressures of being a teenager, such as "stress . . . awkwardness, boredom" and of gaining "membership in a group, one of the group's primary values being individuality." --Teague suggested smoking could also help in these years, because "the fragile, developing self-image of the young person needs all of the support and enhancement it can get." --"The warning label on the package may be a plus . . . [I]f the `older' establishment is preaching against smoking, the anti-establishment sentiment discussed above would cause the young to want to be defiant and smoke."In reaction, tobacco control groups excoriated the company, especially in the light of RJR's recent ad campaign against FDA regulations.
But David B. Fishel of RJR said the memo was ""a draft document that reflects preliminary thoughts of one individual in research and development. . . We have seen nothing that indicates that it was ever reviewed or acted upon in any way. Fishel said the document had been repeatedly produced in court cases, and was not secret.
Teague himself apparently told Schwartz, "I wouldn't care to talk to you. I don't talk to strangers. Why would I want to talk to you? What earthly gain would it be?"
But two days after the Post story, USA today unveiled a memo Teague wrote 3 years later, stamped "Secret," and titled, "Planning Assumptions and Forecast for the Period 1977-1986 for R.J. Reynolds Tobacco Company."
Levy quotes from the memo: "Evidence is now available to indicate that the 14-to-18- year-old group is an increasing segment of the smoking population. RJR-T must soon establish a successful new brand in this market if our position in the industry is to be maintained over the long term."
Peggy Carter of RJR told Levy the idea of marketing to youth was deleted in later versions "it was recognized that it [the proposed youth brand] was not in synch with the company's position."
LAWSUITS
PM Shareholder Suits Thrown Out
New York, NY. September 11, 1995. A Federal judge today ruled that Philip Morris "optimistic statements" denying nicotine's addictiveness were "legitimate expressions of opinion," and that shareholders "were fully on notice" about "the more somber information which credibly entered the market." With the ruling, Manhattan judge Michael B. Mukasey threw out two class-action shareholders' suits alleging Philip Morris had violated securities laws by hiding its knowledge of the addictive affects of nicotine in order to avoid regulation by the Food and Drug Administration.
The judge noted that in its SEC filings, Philip Morris had acknowledged both the nicotine debate, and possible repercussions of various outcomes of the controversy. "After disclosing the parameters of the debate, Philip Morris was free to state its opinion so long as the facts are genuinely in dispute," he said.
Mukasey said, "The purported misrepresented and omitted information is not material because it was known to the market through the public debate surrounding nicotine and addiction."
The suit held that the company and four present or past officers hid negative nicotine findings to inflate prices and mislead investors.
However, Mukasey said the plaintiffs failed to show internal documents, and that adverse information "was known to the market through the public debate surrounding nicotine and addiction."
Plaintiffs had entered into evidence Dr. Victor J. DeNoble's 1983 research and a Philip Morris counsel's 1972 memo asserting that a cigarette should be thought of as "a dispenser for a dose of nicotine."
The judge ruled that contrary statements by the company or its officers were "permissible statements of opinion, not categorical declarations."
Mukasey ruled plaintiffs could refile on charges that the company hid its practice of manipulating the nicotine levels of cigarettes.
The two suits had been consolidated. Plaintiffs--including the State Board of Administration of Florida--consisted of shareholders who had bought stock between Feb. 28, 1991 and May 6, 1994.
A lawyer representing the Florida agency said he would refile, while a lawyer for Philip Morris hailed the decision as a victory for "free speech."
Kurzweil vs. Philip Morris, U.S. District Court, New York, 94 Civ. 6399
SOCIETY
Great American Smokeout November 16
The American Cancer Society will hold its 19th annual Great American Smokeout (GASO) on Thursday, November 16th.
The theme this year will not surprisingly center on youth access to cigarettes and advertising targeted to youth.
Activities planned include:
Join Together: (617-437-1500)
American Cancer Society800-ACS-2345
PEOPLE
PM Throws Thatcher a $1M Birthday Bash
Washington, DC. October 24, 1995 Philip Morris reportedly spent $1 million to underwrite ex-Prime Minister (and current PM consultant) Margaret Thatcher's gala birthday party, held Monday in DC's gigantic Union Station.
Barbara Walters was the emcee, and among the 600 guests paying $1,000 each were House Speaker Newt Gingrich, Sen. Phil Gramm, former Defense Secretary Caspar Weinberger, former U.S. ambassador to the United Nations Jeanne Kirkpatrick, Canadian Prime Minister Brian Mulroney, publishing titan Walter Annenberg, and conservative actor Charlton Heston.
Proceeds from the affair went to the Thatcher Foundation, which is dedicated to promoting her conservative business philosophy in Eastern Europe.
The British newspaper The Guardian reported the party's $1 million price tag, and also said the event was expected to raise $2.25 million. Mrs. Thatcher has long been a Philip Morris consultant; for her efforts, the Guardian reported, she receives a $500,000 a year retainer.
NEW WEB SITES
http://www.cancer.org
AMERICAN CANCER SOCIETY find national, local chapters, the Philip Morris documents and more
http://www.tx.cancer.org
AMERICAN CANCER SOCIETY TEXAS DIVISION
http://www.bcm.tmc.edu/doc
The DOC(tor) is ON(line)
International site. Dr. Alan Blum's pioneering organization, Doctors Ought to Care.
http://www.wln.com/~washdoc
DOC WASHINGTON SITE
http://www.courttv.com/download/home/library/tobacco
COURTTV'S TOBACCO CASES including suits involving the FDA, the Univ. of Calif., ABC, Florida and air flight attendants
http://www.drugs.indiana.edu/factlines/tobacco.htm
INDIANA PREVENTION RESOURCE CENTER at Indiana University; extensive stats, info and resources
http://www.ozlink.com/yinyang/
THE WORLD'S GREATEST TRAGEDY. Good old-fashioned hellfire-and-brimstone from the folks at Singapore-based Yin and Yang Stop Smoking Programme. Very yang--not for the squeamish
http://www.cquest.com/LeskoBrothers.html
THE LESKO BROTHERS HOME PAGE. One's 6! One's 9! Just to show how easy it is, they buy cigarettes from vending machines all the time! Morgan & Max have the most spectacular page of any single-digit-aged people on the net.
http://www.startobacco.com
Star Tobacco HomePage First regular US tobacco company advertising its domestic wares online
http://www.Nabisco.ca/Nabisco
Nabisco's Canadian Virtual Kitchen
THE FUNNY PAGES
The actor who appeared in commecials for many years as the Marlboro Man has died of lung cancer. Asked if he'd contracted the disease by smoking, a spokesman for the tobacco industry responded by saying, "What's that behind you?" and then ran away.
--Norm MacDonald, Saturday Night Live, October 28, 1995***********************
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