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- <text id=94TT0422>
- <link 94TO0157>
- <title>
- Apr. 18, 1994: The Butt Stops Here
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Apr. 18, 1994 Is It All Over for Smokers?
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- COVER STORIES, Page 58
- The Butt Stops Here
- </hdr>
- <body>
- <p>Threatening to snuff out smoking for good, the crusade against
- tobacco shifts into higher gear
- </p>
- <p>By Christopher John Farley--Reported by Massimo Calabresi/New York, Deborah Fowler/Houston,
- Ted Scala/Cleveland, Dick Thompson/Washington and James Willwerth/Los
- Angeles
- </p>
- <p> On a bright, brisk spring afternoon last week, Bill Clinton
- threw out the first ball at the Cleveland Indians' opening-day
- game. But his pitch, high and over the plate, was more than
- the usual springtime rite. The President helped kick off the
- baseball season in Jacobs Field, a sleek, brand-new, $169 million
- stadium, a large chunk of which was financed by a 4.5 cents-a-pack
- local tax on cigarettes. Yet no one, no matter where they are
- sitting, is permitted to smoke in the open-air stands.
- </p>
- <p> For antismoking activists in the U.S., the game these days is
- hardball.
- </p>
- <p> For years, smokers and nonsmokers have managed an uneasy truce:
- Live and let live (or let die). You stay in your section; I'll
- stay in mine (but don't blow in this direction). Yet that truce
- is crumbling like a Bosnian cease-fire. In the past few months,
- a rash of new restrictions, legislation and governmental tough
- talk has elevated the antismoking campaign to new heights. Before,
- it was a matter of health warnings, moral persuasion and segregation
- of the warring parties. Now smoking is in danger of being legislated
- virtually out of existence--or at least shoved into the realm
- of behavior so socially reviled that it must be practiced only
- in private.
- </p>
- <p> The scene outside a posh new smoke-free office building in West
- Los Angeles is typical. Smokers who want to light up have to
- go out back, near the delivery-truck entrance, and gather next
- to the Dumpster. Yet Susan Castor, a production assistant for
- a cable-TV company, has accepted her thrice-daily trips to the
- Dumpster with surprising equanimity. "I'd just as soon smoke
- out here and not have my smoke bother anyone," says Castor,
- who describes herself as a light smoker. "I think it should
- be that way."
- </p>
- <p> These forlorn scenes may be just a transitional phase. "I foresee
- that one day America will be smoke-free," says Surgeon General
- Joycelyn Elders. She adds, "But not in my lifetime. We have
- 40 million people who are addicted to smoking. We've got to
- help them get over their addiction, and that's going to take
- a while."
- </p>
- <p> The process, however, is being pushed forward on a variety of
- fronts:
- </p>
- <p> A House subcommittee headed by California Democrat Henry Waxman
- will vote next week on the Smoke-Free Environment Act, perhaps
- the most sweeping antismoking legislation Congress has ever
- seriously considered. If the bill becomes law, buildings entered
- by 10 or more people each day--including bars, restaurants
- and almost every structure that isn't someone's home--will
- have to become smoke-free zones or face fines of up to $5,000
- a day. Another House subcommittee has proposed raising the cigarette
- tax a whopping $1.25 a pack, largely to help finance health-care
- reform. Congress last month passed, and President Clinton signed,
- a bill that outlaws smoking in all public and some private schools.
- And last Friday U.S. Department of Defense restrictions went
- into effect that ban smoking in all military work spaces, ranging
- from military bases to tanks on the battlefield.
- </p>
- <p> States and localities are cracking down on smoking even more
- aggressively. In May, Maryland will institute the tightest statewide
- restrictions in the nation, banning smoking in virtually all
- workplaces, except in sealed, separately ventilated rooms. Rules
- go into effect in the state of Washington in September that
- will forbid smoking in all enclosed private and public offices.
- The city of Davis, California, has outlawed smoking in all offices,
- restaurants, outdoor cafes--and even at the town's annual
- Fourth of July fireworks display. (The fireworks can smoke,
- but people can't.) The New Jersey Supreme Court, in a case that
- could have nationwide impact, ruled last month that municipalities
- have the right to ban cigarette-vending machines.
- </p>
- <p> The health effects of smoking are drawing new attention from
- federal regulators. The Occupational Safety and Health Administration
- has proposed a ban on almost all indoor smoking in the workplace.
- Even more significant, the activist Food and Drug Administration
- is taking a look at whether to classify nicotine as a drug--a move that could effectively remove cigarettes from the over-the-counter
- market. FDA commissioner David Kessler told Congress he believes
- that nicotine is a "highly addictive agent" and that cigarette
- producers control the level of nicotine "that creates and sustains
- this addiction."
- </p>
- <p> Even without federal prodding, an increasing number of private
- companies are moving to satisfy the antismoking mood. McDonald's
- has banned smoking in 1,400 of its company-owned fast-food restaurants
- in the U.S. Amtrak announced this month that 82% of its trains
- (up from 62%) will henceforth be smoke free. An estimated one-third
- of the nation's 1,800 enclosed shopping malls are expected to
- forbid smoking by the end of this year. Cleveland's stadium
- is one of 20 major-league baseball parks to go smokeless; the
- American Medical Association has urged the majors to ban smoking
- in all 28. Tobacco companies are under increasing fire for alleged
- misconduct and cover-ups. Last month Representative Waxman charged
- that in 1983 tobacco giant Philip Morris discovered the first
- strong evidence that nicotine is addictive but suppressed the
- study. Waxman has called the top brass from Philip Morris and
- six other cigarette firms to testify before his subcommittee
- about their practices in hearings this week that promise to
- attract widespread attention. Attorney Melvin Belli is leading
- a coalition of high-profile lawyers that has filed a $5 billion
- class-action suit on behalf of everyone who has ever been addicted
- to nicotine. Said Belli: "We will prove that the tobacco industry
- has conspired to catch you, hold you and kill you." The ABC
- News magazine show Day One, in a report on Kessler's FDA investigation,
- leveled tough charges that cigarette companies "manipulate"
- the nicotine content of their cigarettes to keep customers smoking--charges that have prompted a libel suit from Philip Morris.
- CBS's 60 Minutes weighed in with a report suggesting that cigarette
- manufacturers conspired to keep fire-safe cigarettes off the
- market.
- </p>
- <p> Why is everyone suddenly jumping on the antismoking bandwagon?
- After all, critics have been proclaiming the dangers of smoking
- for hundreds of years. King James I of England in 1604 branded
- the habit "loathsome." Even Adolf Hitler was a fanatical opponent
- of tobacco; signs declaring DEUTSCHE WEIBER RAUCHEN NICHT (German
- women do not smoke) were posted throughout the Third Reich during
- World War II.
- </p>
- <p> U.S. Surgeon General Luther Terry in 1964 issued his landmark
- report linking cigarette smoking to lung cancer, and a stream
- of reforms soon followed. In 1966 cigarette makers were forced
- to put labels on their packages warning consumers about the
- health risks of smoking. In 1971 cigarette ads were barred from
- TV and radio. The medical evidence against smoking, meanwhile,
- continued to mount; cigarettes were linked to heart disease,
- emphysema and low-birth-weight babies. In 1986, when Surgeon
- General C. Everett Koop released one of the first widely publicized
- reports on the detrimental effects of passive smoke, the issue
- shifted from personal health (what smokers are doing to themselves)
- to environmental damage (what they are doing to others).
- </p>
- <p> Yet nothing has galvanized today's antismoking activists as
- much as the Environmental Protection Agency report released
- a year ago that classified environmental tobacco smoke as a
- class-A carcinogen and estimated that 3,000 nonsmokers die each
- year from lung cancer as a result of other people's smoke. The
- tobacco industry is currently challenging the findings in court,
- but the report dealt a serious blow to so-called smokers' rights
- that's still being felt.
- </p>
- <p> "The irrefutable medical evidence on secondhand smoke," says
- Mark Green, New York City public advocate and a longtime supporter
- of antismoking measures, "has been the booster rocket launching
- the antismoking movement into orbit." Notes an EPA official:
- "We had no real sense of how big this report was going to be.
- But it has become the major catalyst for the reforms we're seeing
- all over the country."
- </p>
- <p> The growing health and environmental warnings coincided with
- a shift in the political climate. President Clinton and Hillary
- Rodham Clinton sent a message that the war on smoking was getting
- personal when they banned smoking in the White House on Inauguration
- Day. Congress, meanwhile, has seen an influx of environmentally
- concerned baby boomers, along with a decline in the traditional
- power of tobacco-state legislators. Despite continued lavish
- spending by the tobacco lobby to try to influence Congress,
- for the first time members of the antismoking Congressional
- Task Force on Tobacco and Health outnumber pro-tobacco House
- members, 58 to 42. "The tobacco industry, while still a powerful
- force, has lost its virtual stranglehold on Congress," says
- antismoking activist John Banzhaf, executive director of Action
- on Smoking and Health.
- </p>
- <p> Antismoking sentiment has also been sparked by a disturbing
- trend in cigarette use. After declining every year since 1974,
- the percentage of smokers in the population leveled off in 1991
- and has stabilized at around 26%. What's more, smoking among
- certain groups, such as African Americans and the young, may
- be creeping up: the percentage of high school seniors who smoke
- increased from 17.2% in 1992 to 19% in 1993. Antismoking activists
- are growing more alarmed--and more aggressive. "I can't think
- of another product that, faced with the scientific evidence
- which is associated with tobacco, could remain a legal product
- on the market and almost completely exempt from regulation,"
- says Scott Ballin, executive director of the Washington-based
- Coalition on Smoking OR Health.
- </p>
- <p> On both sides of the great smoking divide, attitudes seem to
- be changing. The angry outbursts by smokers that greeted the
- initial blizzard of antismoking activity have, in many cases,
- been replaced by a sense of resignation, almost fatalism. Marcia
- Spurlock, an Atlanta mortgage lender, smokes 1 1/2 packs a day
- and goes out of her way not to irritate nonsmokers. "I'll stand
- outside in the freezing cold to have a cigarette instead of
- offending anyone," she says. Dave Wahl, an art director for
- Ogilvy & Mather advertising in Los Angeles, seems equally resigned
- to traipsing outside his office building whenever he wants a
- few puffs. "You can't deny it's a dirty habit," he says. "If
- someone wants to smoke, they should be forced outside."
- </p>
- <p> The tobacco industry too is adjusting its attitudes. According
- to the Centers for Disease Control and Prevention, cigarette
- smoke kills about418,000 people a year, making it the leading
- cause of preventable death in the U.S. For years, however, the
- cigarette companies maintained a hard line on the medical front,
- insisting that the evidence linking their product to cancer
- and other health problems was inconclusive. Today Thomas Lauria,
- assistant to the president of the Tobacco Institute, opens his
- defense of smoking this way: "I think that since the '60s, studies
- have shown that cigarette smoking has been linked as an important
- risk factor for emphysema, heart disease, lung cancer and other
- serious problems."
- </p>
- <p> Instead of arguing on health grounds, the tobacco industry now
- tends to recast the debate as a freedom-of-choice issue. "There
- are a certain amount of adult consumers who want to enjoy tobacco
- products," says Lauria. "And like those who drink alcohol or
- who enjoy high-risk sports activities, it is really up to the
- individual adult to determine what's appropriate for their own
- conduct."
- </p>
- <p> Cigarette advertising, meanwhile, has become more savvy. Despite
- continued complaints about ads that seem targeted at young people--like the infamous Joe Camel campaign--cigarette companies
- claim their marketing efforts today are aimed at keeping the
- customers they have rather than winning new ones. "It's like
- preaching to the choir," says Sheri Bridges, assistant professor
- of management at Wake Forest University's M.B.A. school. "Tobacco
- companies know who their customers are and where they live.
- They are focusing on those people who already smoke."
- </p>
- <p> Humor is another tactic. Philip Morris has launched a campaign
- for Benson & Hedges that satirizes the nation's ongoing antismoking
- fervor. In the new ads, smokers puff away on rooftops, window
- ledges and even airplane wings. The tag line: "The length you
- go to for pleasure." Karen Daragan, manager of media programs
- for Philip Morris U.S.A., calls it "our empathy campaign." Says
- she: "It makes smokers feel like they're not alone out there,
- and they're not the bad guy--that they are 50 million strong,
- and they should be able to enjoy a cigarette in public places."
- </p>
- <p> Besides courting its friends, the tobacco industry is also coming
- down hard on its foes. Philip Morris has filed a $10 billion
- lawsuit against ABC for its Day One reports charging that the
- tobacco industry "artificially adds nicotine to cigarettes to
- keep people smoking and boost profits." Says Herbert M. Wachtell,
- the attorney representing Philip Morris in the suit: "The basic
- allegation of the programs--that the company spikes its tobacco
- with additional nicotine during the manufacturing process--is just fundamentally and flatly untrue." The network says it
- stands by its reporting. (A Day One source says Philip Morris
- refused requests for an on-camera interview and gave "totally
- unresponsive" answers to written questions.)
- </p>
- <p> The tobacco industry is becoming more aggressive on the political
- front as well. In California, for example, where more than half
- the nation's estimated 600 local antismoking ordinances have
- been enacted, the tobacco industry is trying a pre-emptive strike.
- According to antismoking activists in the state, cigarette companies
- are behind a "citizens' group" supporting an initiative that
- would institute statewide restrictions against smoking. The
- catch is that the measure is milder than the many local ordinances
- it would override.
- </p>
- <p> But more than just tobacco-industry executives and die-hard
- smokers are raising questions about the current antismoking
- frenzy. Has the crusade turned into a witch-hunt? Will the campaign
- to ban smoking simply make the forbidden weed another rebellious
- turn-on for kids? What sort of policy sense does it make to
- try to legislate smoking out of existence at the same time that
- the government is becoming increasingly dependent on tobacco
- as a source of tax revenue? And for all the new efforts to enact
- tough restrictions on smoking, how widely does the American
- public support them?
- </p>
- <p> A TIME/CNN poll taken last week by Yankelovich Partners found
- that the support is less than overwhelming. Only 47% of nonsmokers
- felt that smoking should be banned in restaurants (48% preferred
- setting up special areas for smokers), and just 44% thought
- it should be forbidden in offices. Tolerance seems the watchword:
- only 31% of nonsmokers agreed with a statement that our society
- should do everything possible to stamp out smoking.
- </p>
- <p> In a backlash to the antismoking movement, some smokers have
- taken to celebrating their indulgence, at least in the presence
- of their like-minded comrades. In Palm Beach, Florida, the tony
- Chesterfield hotel holds monthly cigar nights; the restaurant
- closes to the public, then invites cigar smokers, for $125 a
- person, to a black-tie evening of cocktails, a five-course meal
- and all the cigars they can smoke. It is just one of dozens
- of such cloudy gatherings that are organized coast to coast
- each month. Gordon Mott, managing editor of Cigar Aficionado
- magazine, calls them "the speakeasies of the '90s."
- </p>
- <p> Actor Matthew Modine won acclaim at this year's Sundance Film
- Festival for his short film Smoking, in which a nerdy smoker
- tries to cope with ever more burdensome restrictions on his
- beloved habit. Modine sees poetry in partaking. "There are times
- which are just really fantastic cigarette moments," says Modine.
- "That postcoital cigarette, or that cold winter night walking
- down the street. There's nothing more comforting than holding
- a burning ember in your hands and sucking the smoke into your
- lungs. The coffeehouse cigarette. The cigarette after a couple
- of pints of lager."
- </p>
- <p> Richard Klein, author of the 1993 book Cigarettes Are Sublime,
- also praises the contribution that smoking has made to our culture.
- "The power that cigarettes exercise and have exercised in various
- forms over the centuries," he says, "has something to do not
- only with their utility as a source of consolation and personal
- help but also as a tool for mitigating anxiety, as in wartime,
- and also as a spur to concentration."
- </p>
- <p> Yet the antismoking forces have their idealistic side too. Dr.
- Jonathan Fielding, a UCLA professor of public health and former
- Massachusetts commissioner of health, argues that banning smoking
- once and for all will remove a barrier that is separating Americans.
- "Smoking has become associated with lower educational attainment
- and lower social status," he says. "It becomes divisive in a
- sense. In a country where we have too many things that divide
- people, this is another thing dividing us."
- </p>
- <p> And both sides can argue history. Smoking proponents warn that
- the current antismoking campaign could end up like Prohibition
- in the 1920s: banning cigarettes would be impossible to enforce
- and would only increase their outlaw appeal. "I think there's
- a strict analogy here," says Klein. "Both drugs have been used
- by cultures since the dawn of civilization; they can have very
- deleterious effects on society, but trying to ban them by law
- brings about circumstances which are much worse."
- </p>
- <p> But Mark Pertschuk, executive director of the national organization
- Americans for Nonsmokers' Rights, based in Berkeley, California,
- thinks another historical paradigm is more apt. Around the turn
- of the century, chewing tobacco was popular, and spittoons were
- commonplace in bars and restaurants. When an epidemic of tuberculosis
- broke out and the disease was linked to spittoons, a doctors'
- group that eventually became the American Lung Association campaigned
- to have them removed. "At the time, it was considered to be
- outrageous and anti-American to get rid of spittoons," says
- Pertschuk. "When historians look back on this [smoking] controversy
- in 25 years, they will think it was very strange that there
- were ashtrays and smokers in bars."
- </p>
- <p> As usual, everything comes full circle. Baseball fans can no
- longer light up while cheering on their team at many stadiums.
- And about the only place left where one sees chewing tobacco
- anymore is at the ballpark.
- </p>
-
- </body>
- </article>
- </text>
-