sample="quota" bates="TIDN0004239" isource="ti" decade="1980" class="ui" date="19891025" CONFIDENTIAL THIS DOCUMENT IS SUBJECT TO A COURT ORDER AND THIS DOCUMENT AND ITS CONTENTS SHALL NOT BE USED, SHOWN OR DISTRIBUTED EXCEPT AS PROVIDED IN THE COURT'S ORDER PUBLIC SMOKING PROGRAMS OF THE TOBACCO INSTITUTE I. CONSULTING SCIENTISTS ON ETS AND INDOOR AIR QUALITY A. Academics. TI now has 14 academic scientists on ETS; eight have been retained in the last three months. The academics are all faculty members of prestigious universities and medical schools. Their mission is to influence the scientific community's view of ETS science. They will testify before Congress and important regulatory agencies at the state and federal level, publish articles in the scientific literature, and actively participate in scientific conferences on ETS. Status: All of the academic scientists are preparing to participate in the McGill University symposium on ETS November 3-4. Four of them will present keynote papers at the symposium; these papers will be published as part of the proceedings. In addition, several of the academics are assisting counsel in the preparation of the industry's submission to the California Air Resources Board, and in the defense of TI Australia with respect to its ETS advertising suit. Next year, the academics will help us respond to an EPA risk assessment on ETS, the DOT cabin air quality study and other adverse scientific studies on ETS that are in the pipeline. They will also publish papers on epidemiology, scientific fraud, the politicization of science, and the manipulation of statistics in science. B. Scientific Witness Team. TI now has 23 consulting scientists whose businesses are to market their scientific expertise. Their principal mission is to testify before state and local legislative bodies on ETS and indoor air quality issues. They also respond to adverse articles in scientific, technical and general audience publications by submitting letters to editors. They attend and report on meetings of scientific organizations. Three of these consultants also conduct two media tours on ETS and another on indoor air quality each month. Status: Members of the scientific witness team have made 48 legislative appearances and conducted 30 media tours to date this year. They have submitted approximately a dozen substantive letters-to-editors of scientific journals, and countless others to general publications. Thus far, four have been accepted for publication, including two by the American Journal of Public Health. In addition, several members will attend the McGill conference next month. The team will hold its annual conference in Washington following the McGill conference. An asterisk indicates a new or greatly expanded program. CONFIDENTIAL THIS DOCUMENT IS SUBJECT TO A COURT ORDER AND THIS DOCUMENT AND ITS CONTENTS SHALL NOT BE USED, SHOWN OR DISTRIBUTED EXCEPT AS PROVIDED IN THE COURT'S ORDER Next year, we anticipate that legislative activity will continue at this year's level. Media activity will increase early in the year in connection with promotion of the McGill proceedings. We also expect greater activity in response to media reports on ETS science (see Section II, below). II. ADDITIONAL APPROACHES TO CARRY THE INDUSTRY'S VIEWS ON ETS TO THE GENERAL MEDIA A. Media Responses. This strategy is to generate a scientifically based response to every article on new ETS science reported in the general media. This effort requires a thorough and timely review of the media and scientific literature, as well as the coordination of our consulting scientists. Status: The mechanisms are in place, and the effort is ongoing. This year, working with our scientists we have responded to reports on smoking aboard airliners, ETS and cervical cancer, continue measurements in nonsmokers, and the EPA's "Fact Sheet" on ETS. Next year, we expect to respond to reports in connection with EPA's risk assessment on ETS, the DOT cabin air quality and other adverse scientific studies on ETS that are in the pipeline. B. Foreign Scientists. This strategy is to bring a "foreign" perspective on ETS science to U.S. journalists through the use of the industry's overseas consulting scientists. Through editorial board briefings and interviews with science and health reporters, thee scientists will suggest that the U.S. understanding of ETS science is skewed by anti-smoker media hype, and that the U.S. response to ETS science is extreme and out of step with the rest of the world. Status: We have asked a University of Pittsburgh professor to submit a proposal to undertake this project. The ultimate product will be a book, but we anticipate that significant findings will be published as articles beginning as early as next spring. By then, a consulting economist will have completed and released an article detailing the social costs of anti-smoking activity. C. Costly and Confusing Health Information. This program is designed to illustrate the cost to business and society of politically motivated or exaggerated science, and to publicize the notion that the scientific community is overwhelming the general public with often conflicting information about reasonableness of everyday behavior and factors of risk. In both instances, ETS will serve as but one of many examples. Consulting academic scientists and economists will prepare articles for publication and will assist in identifying additional experts on these subjects. We will produce a series of video news segments and publicize them through media opportunities. Experts will conduct media tours, as appropriate. We will seek the support of other business organizations with an interest in these messages. CONFIDENTIAL THIS DOCUMENT IS SUBJECT TO A COURT ORDER AND THIS DOCUMENT AND ITS CONTENTS SHALL NOT BE USED, SHOWN OR DISTRIBUTED EXCEPT AS PROVIDED IN THE COURT'S ORDER Status: Research on examples of politically motivated science and on the risk of everyday activities is underway. Efforts to identify independent experts in these areas is also underway. We project completion of the video news segments in November and articles in December. V. FOCUS ATTENTION ON THE NEED FOR IMPROVED VENTILATION SYSTEMS OR MORE EFFICIENT USE OF EXISTING SYSTEMS A. ASHRAE 62-1989. ASHRAE 62-1989, the new ventilation standard, increases the minimum recommended ventilation rate for office environments to 20 cubic feet per minute per occupant (cfm). The previous, bifurcated standard, which recommended only 5 cfm in nonsmoking areas, encouraged employers and other building managers to ban smoking. We will press state legislatures to included ASHRAE 62-1989 in state building codes. Through op-eds, articles and interviews, our indoor air quality experts will publicize the new standard and ventilation -- not smoking bans -- as the proper means to achieve clean indoor air. Status: ASHRAE 62-1989 was formally published October 2. Bills and resolutions, many featuring the new standard, have been introduced in ten states, including Washington, Illinois and Massachusetts. Next year, we plan to introduce indoor air legislation in nine additional states where we have active labor allies (see Section VI). B. Healthy Buildings International (HBI). Gray Robertson recently renamed his company to Healthy Buildings International, or HBI. Gray Robertson and his colleagues at HBI remain our foremost resources in our indoor air quality strategy. Early next year, HBI will open offices on the West Coast and in New England. These offices will provide regional bases from which to conduct media tours, send expert witnesses to legislative hearings and briefings, brief employers on the development of workplace smoking policies, and conduct indoor air investigations. Status: Gray Robertson currently conducts a monthly media tour, and HBI representatives appear at legislative hearings and submit letters to editors on indoor air quality issues. Additional media tours will be conducted regionally when the new HBI offices become operational during the first quarter of 1990. Also, plans are in development to produce briefing materials on, and a system to handle, workplace smoking policy inquiries. The materials and system will be completed before HBI opens its new offices. CONFIDENTIAL THIS DOCUMENT IS SUBJECT TO A COURT ORDER AND THIS DOCUMENT AND ITS CONTENTS SHALL NOT BE USED, SHOWN OR DISTRIBUTED EXCEPT AS PROVIDED IN THE COURT'S ORDER C. Business council on Indoor Air (BCIA). The Business Council on Indoor Air, or BCIA, is a small but increasingly prominent trade group which promotes a ventilation or building systems approach -- rather than pollutant-by-pollutant source control -- to mitigate indoor air pollution. BCIA's membership includes several firms that consult for TI and a few major chemical companies. Tobacco is not and must not be visible in this organization; the chemical companies whose involvement is critical to BCIA's credibility have indicated they would not participate if tobacco were involved. We are able to influence BCIA through our consultants and through personal relationships with its executive director. Through BCIA, we are able to present a credible business perspective on indoor air quality issues. A. Corporate Assistance. While we do not encourage employers to develop workplace smoking policies, we don provide assistance to employers who are doing so in response to legislation or in response to management initiatives. We promote our expertise and availability to employers through targeted meanings of a brochure, "Workplace Smoking: A Resource Guide." We follow up with interested employers by providing written materials on ETS and indoor air quality issues, legal issues and management issues. We also discuss these issues with employers and offer to make on-site presentations. In addition, we produce and distribute employers' guides to smoking in the workplace sponsored by state and local business groups (without tobacco's fingerprints). These guides advise employers how to comply with smoking restriction laws, or serve to preempt legislation by demonstrating that the employer community is addressing the same issue. Status: We have advised more than 3,000 employers since the program began in 1984. This year we have completed resource guide mailings in Illinois, Indiana, Michigan, Ohio and Louisiana. We are scheduled to complete the mailings in Massachusetts, Oregon and Idaho by the end of the year. We will develop a schedule for 1990 by the end of January. With respect to employers' guides, this year we have produced brochures in Massachusetts, Maine, New Hampshire, Kentucky and New York. A guide for Idaho employers is in development and should be completed by December 1. Future guides will be developed as appropriate. B. Legal Issues. There is much confusion among employers about their legal liability regarding smoking in the workplace. Legal consultants have published articles on the subject that have appeared in the Employee Relations Law Journal, the California Western Law Review, Commerce Clearing House's Labor Law Journal, and the Campbell Law Review. We distribute these articles to interested employers. Legal consultants also testify when appropriate, conduct briefings before legislators and business, legal and other organizations, and conduct media tours. CONFIDENTIAL THIS DOCUMENT IS SUBJECT TO A COURT ORDER AND THIS DOCUMENT AND ITS CONTENTS SHALL NOT BE USED, SHOWN OR DISTRIBUTED EXCEPT AS PROVIDED IN THE COURT'S ORDER Status: The law review articles were published in 1989, and no new articles are anticipated in 1990. Witness appearances have been few, and none are scheduled. Briefings have been conducted in five states this year. Additional briefings have been scheduled for Idaho in November, Minnesota in December and New Hampshire in January. A schedule for the remainder of 1990 will be completed in January. Media activity has coincided with the briefings and will continue to do so. C. Smoker Assistance. We attempt to help smokers in two ways. This year, we began to press for laws to protect smokers from employment discrimination. Bills have been introduced in 18 states and protections have been enacted in Nevada and Virginia. Beyond the legislative activity, we provide materials to smokers -- many of whom are referred to us be member companies -- facing restrictive policies in their workplaces. Our key resource is a brochure developed this year entitled "Smokers' Rights in the Workplace: An Employee Guide." Legal counsel also reviews some smokers' complaints to determine whether legal action is warranted and appropriate. Status: Legislative strategies for 1990 are being developed and should be completed early next year. Direct assistance to smokers is ongoing. D. Collective Bargaining. Through the Labor Management Committee, TI helps union members protect their right to smoke on the job. Courts have ruled -- including this year in Seattle and Washington, D.C. -- that workplace smoking is a condition of employment governed by work rules. Employers whose workers are covered by collective bargaining agreements must negotiate workplace smoking policies with the unions. LMC representatives brief labor groups on this subject and provide materials and advice. LMC legal counsel also assists unions in filing grievances and preparing for arbitration proceedings on the issue. Status: This program is ongoing. Labor Management Committee representatives are currently assisting unions representing workers at General Dynamics in Fort Worth, Texas, and at Amtrak headquarters in Washington, D.C. VIII. SMOKERS AS CUSTOMERS This program is designed to make the hospitality industry -- hotels and restaurants -- sensitive to the preferences of their smoking patrons. Our principal activity at this time is to exhibit and distribute our materials, particularly our brochure entitled "Open Door to Hospitality: Accommodating Smokers and Nonsmokers," at hospitality conventions. Status: This program is ongoing. In the first quarter of 1990, we expect to complete new research on smoking and the hospitality companies. In the second quarter, we plan to produce an updated brochure and promote it to the hospitality industry.