Ending The Tobacco Holocaust Chapter 12 References and Footnotes:

Ending The Tobacco Holocaust: how Big Tobacco affects our health, pocketbook and political freedom, and what we can do about it.

Chapter 12: What We Can Do to Stop the Tobacco Industry.

(Quote on p. 367) King Jr. Martin Luther. Strides Towards Freedom. (Harper’s, San Francisco: 1958).

1 Dalton, M. A., Sargent, J. D., Beach, M. L., Titus-Ernstoff, L., Gibson, J. J., Ahrens, M. B., Tickle, J. J., Heatherton, T. F. “Effect of viewing smoking in movies on adolescent smoking initiation: a cohort study.” Lancet. July 26, 2003;362(9380):281–5.

2 Sargent, J. D., Dalton, M. A., Beach, M. L., Mott, L. A., Tickle, J. J., Ahrens, M. B., Heatherton, T. F., “Viewing tobacco use in movies: does it shape attitudes that mediate adolescent smoking?” American Journal of Preventive Medicine, April 2002;22(3):137–45.

3 Sargent, J. D., Beach, M. L., Dalton, M. A., Mott, L. A., Tickle, J. J., Ahrens, M. B., Heatherton, T. F., “Effect of seeing tobacco use in films on trying smoking among adolescents: cross sectional study.” British Medical Journal. Dec. 15, 2001;323(7326):1394–7.

4 Tickle, J. J., Sargent, J. D., Dalton, M. A., Beach, M. L., Heatherton, T. F., “Favorite movie stars, their tobacco use in contemporary movies, and its association with adolescent smoking.” Tobacco Control. March 2001;10(1):16–22.

5 Distefan, J. M., Gilpin, E. A., Sargent, J. D., Pierce, J. P., “Do movie stars encourage adolescents to start smoking? Evidence from California.” Preventive Medicine. January 1999;28(1):1–11.

6 http://www.smokefreemovies.ucsf.edu/ourads/textonly_ratedr2.html.

7 http://www.smokefreemovies.ucsf.edu/problem/studio_surveys.html. The methodology Dr. Glantz’s research team used to calculated each studio’s share of children delivered to the tobacco industry is available at:
and at

8 Bates, C., Jarvis, M., Connolly, G., Tobacco additives: Cigarette engineering and nicotine addiction. 1999. Available at: www.ash.org.uk/html/regulation/html/additives.html. Accessed Dec. 10, 2002. Accessibility verified July 10, 2003. Bates No. 83452276. Newer findings, that are not discussed in this book, will be presented in Rabinoff ,M., Caskey, N., Rissling, A., Park, C. “Pharmacological and chemical effects of cigarette additives.” American Journal of Public Health (in press).

9 http://www.mass.gov/?pageID=pressreleases&agId=Eeohhs2&prModName=dphpressrelease&prFile=pr_060829_nicotine.xml.

10 Trochim, W. M. K., Stillman, F. A., Clark, P. I., Schmitt, C. L. Development of a model of the tobacco industry’s interference with tobacco control programmes. Tobacco Control 2003; 12;140-147.

11 Sargent, J. D., Dalton, M., Beach, M., “Exposure to cigarette promotions and smoking uptake in adolescents: evidence of a dose-response relation.” Tobacco Control. June 2000;9(2):163–8 and Sargent, J. D., Dalton, M., Beach, M., Bernhardt, A., Heatherton, T., Stevens, M. “Effect of cigarette promotions on smoking uptake among adolescents.” Preventive Medicine. April 2000;30(4):320–7.

12 http://en.wikipedia.org/wiki/Bidi.

13 “Use of Cigarettes and Other Tobacco Products Among Students Aged 13–15 Years Worldwide, 1999–2005.” May 26, 2006, Morbidity and Mortality Weekly Report (Vol. 55, No. 20: 553–556). First author: Y. Mochizuki-Kobayashi, M.D., Ph.D., Tobacco Free Initiative, Geneva, Switzerland.

14 Surgeon General. Reducing Tobacco Use: A report of the Surgeon General. U.S. Dept. of Health and Human Services, 2000.

15 Fox, B., Lightwood, J., Glantz, S., A Public Health Analysis of the Proposed Resolution of Tobacco Litigation: Introduction and Summary. Center For Tobacco Control Research and Education. Feb. 1, 1998.

16 Executive Summary, Best Practices for Comprehensive Tobacco Control Programs, August 1999. For more specific CDC recommendations click here to go to:
http://www. cdc.gov/tobacco/bestprac.htm

17 (not numbered in book)

18 http://www.who.int/tobacco/health_priority/en/index.html.

As this book was going to press, a new edition was being published by the American Cancer Society. It is available for online at: http://www.cancer.org/docroot/AA/content/AA_2_5_9x_Tobacco_Atlas.asp?,
and can be ordered from the American Cancer Society at:

20 Mackay, Judith, MB., Ch.B., World Health Organization. The Tobacco Atlas. American Cancer Society, 2006.

21 Doll, R., Peto, R., “Mortality In Relation To Smoking: 40 years observations on Male British Doctors.” British Medical Journal, 1994, 309:901–911. Peto, R., Chen, Z., Boreham, J. “Tobacco: the growing epidemic.” Nature Medicine, 1999, 5:15–17. Yach D. Tobacco Control. Critical Issues in Tobacco Control. Edited by Koop CE. 2002, Wiley, p. 159.

22 Gerald Hastings, Ph.D., Cancer Research UK Centre for Tobacco Control, University of Stirling & the Open University, Cottrell Building, Stirling, United Kingdom.

23 http://en.wikipedia.org/wiki/Snus.

24 http://en.wikipedia.org/wiki/Snus.

25 Boëthius, Göran, M.D., Ph.D., Tobacco Control Unit, Östersund Hospital, Kyrkgatan, Östersund, Sweden. Presentation of 13th World Congress Tobacco Or Heath. “Snus is not the Magic Pill—a broad perspective on harm reduction.”

26 David Thompson’s presentation at the 13th World Congress on Tobacco OR Health, “Transforming the Industry: Why, How, and a Vision of the Possibilities.” Aurora Institute, #167-2906 W Broadway, Vancouver, BC V6K 2G8, Canada.

27 McKee, R., Story: Substance, Structure, Style and The Principles of Screenwriting. (Regan Books, NY: 1997).

28 Engardio, J. P. “Smoking Gun: Tobacco Industry Documents Expose an R. J. Reynolds Marketing Plan Targeting San Francisco Gays and Homeless People. Its Name: Project SCUM.” San Francisco Weekly, New Times. May 2, 2001.

29 Honan, Matt, “Holy Smoke!” at http://www.motherjones.com/commentary/columns/1998/07/smoke.html. July 21, 1998.

30 “Cigarette Use Among High School Students–United States,” 1991–2003. Morbidity and Mortality Weekly Review, June 18, 2004/53(23) 499–502 and http://www.cdc.gov/tobacco/research_data/youth/Youth_Factsheet.htm.

31 Mintz, John and Torry, Saundra, “Internal R. J. Reynolds Documents Detail Cigarette Marketing Aimed at Children.” Washington Post. Jan. 15, 1998.

32 Spivak, Joel and Berman, Michael, “Study Shows Tobacco Marketing Undermines Good Parenting Practices; Study Conducted by Univ. of California–San Diego Researchers.” U.S. Newswire. July 16, 2002.

33 American Legacy Foundation, First Look Report 13, “Cigarette Smoking among Youth.” 2004. Results from the 2002 National Youth Tobacco Survey. http://repositories.cdlib.org/context/tc/article/1209/type/pdf/viewcontent/.

34 “Boycotters Cite Evidence of Philip Morris Peddling Influence Through Its Kraft Subsidiary,” http://www.tobaccoweek.com/tw3_news.asp?article=428. PRNewswire. Boston. Oct. 12, 1999.

35 U.S. Surgeon General estimate of annual cost to nation from 1995–99 data adjusted for health care and regular inflation, plus ETS cost to nation, divided by 2004 number of U.S. taxpaying households

36 U.S. Surgeon General Report. The Health Consequences of Smoking: A Report of the Surgeon General 2004. GPO (Stock Number 0-16-051576-2).

37 Levy, Robert A., “Levy: Smokers Already Are Paying A Higher Cost For Their Habit.” Chicago Sun-Times. Nov. 13, 2004.

38 Martin, Terry, “Passive Smoking is Dangerous.” at http://www.quitsmoking.about.com/cs/secondhandsmoke/a/secondhandsmoke.htm.

39 U.S. Surgeon General, “The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General.” Rockville, Maryland: Public Health Service, U.S. Dept. of Health and Human Services. 2006. Available at: http://www.cdc.gov/tobacco/sgr/sgr_2006/.

40 Since Altria/Philip Morris “controls” 50%of both the underage and adult markets, I am attributing 50% of the 440,000-plus deaths from smoking to them. Since Loews//Lorillard “control” about 25% of the underage market but less of the adult market and since 80% of smokers now start before age 18, I am attributing .8*.25*440,000 plus deaths = over 88,000 deaths to them. Yes, these calculations are simple, but they’re in the ballpark. A boycott of them is warranted.

41 Holt, Barry, Philip Morris spokesperson, to Fuller, Craig, Senior Vice President for Corporate Affairs for Philip Morris. Internal memo. “INFACT Initial Research.” Doc. ID: 2047904454. June 29, 1993.

42 Miles, Michael, “Michael Miles Sea Island Remarks.” Doc ID: 2072717256.22 April 1994.

43 King, Charles and Siegel, Michael, “The Master Settlement Agreement with the tobacco industry and cigarette advertising in magazines.” New England Journal of Medicine. Aug. 16, 2001;345(7):504-11.

44 Federal Trade Commission Cigarette Report for 2003.

45 In 2001, Gillian Lester noted those clauses would most easily be included in new contracts and might entail costs to the tobacco companies to use lawyers to break existing contracts. This might be more difficult because the store could claim damages. However, according to her view (and views of other legal experts; see Russell Korobkin comments in the text that follows in the chapter, which he reviewed in 2006, and still thought they were legally valid), the tobacco companies could counterclaim damage to their reputations and sue the store or distributor on that basis.
     In 2006, when reviewing what was written, Gillian Lester wrote: “If a tobacco company wanted to modify an existing contract, the breach-and-be-sued-and-counterclaim scenario is probably a bit artificial. If a tobacco company wanted to stop dealing with a distributor because it was selling to minors, one possibility is that it could do so without sanction, arguing that because it knew that its products were being resold to minors, the distribution contract was against public policy. Don't know if this would work, but maybe. If not, and tobacco companies wanted to change the terms of existing contracts to demand more regulation of buyers by retailers, then tobacco companies would seek to modify existing terms through voluntary renegotiation. It is likely that the tobacco companies might need to offer some additional consideration to the distributors in order to secure the express promise not to deal with minors.”
     I would add that the tobacco companies definitely have the financial resources to do so. Also, if distributors or stores sued them for stopping sales, the tobacco companies could tie up the cases in courts for years, just as they have been known to do against people dying from their products and trying to collect from them, making it very burdensome (in terms of time and money and effort) for the store or distributor to finally win. Such steps would cost the tobacco companies time and money for the use of lawyers, but they spend billions of dollars for legal services, and the costs for these cases would be comparatively minimal.The bottom line is that if the tobacco companies really wanted the sales to minors to stop, they could make it happen.

46 http://www.smokefreemovies.ucsf.edu/ourads/letters_textonly.html.

47 Ibid.

48 http://www.smokefreemovies.ucsf.edu/solution/index.html.

49 http://www.smokefreemovies.ucsf.edu/ourads/text_medical_hollywood_nyt.html.

50 http://www.smokefreemovies.ucsf.edu/ourads/textonly_sfm18_variety.html.

51 “Public Opinion on Strategies To Reduce Youth Exposure To Smoking In The Movies.” American Legacy Foundation. May 2005. Available at: http://www.smokefreemovies.ucsf.edu/pdf/Legacy-Policy%20Rpt%203%20(hi-res).pdf

52 U.S. Surgeon General Report. The Health Consequences of Smoking: A Report of the Surgeon General 2004. GPO (Stock Number 0-16-051576-2).

53 Pham Xuan Dai, Do Hong Ngoc, Truong Trong Hoang, Christopher Jenkins, “Vietnam: A Tobacco Epidemic in the Making.” San Francisco: Univ. of Calif.–San Francisco, 1995.

54 Landman, Anne, Tobacco Document Research Specialist "PROBLEM." http://www.smokefree.net email alert.Aug. 13, 2001.

55 http://www.library.ucsf.edu/tobacco/batco/html/3600/3649/.

56 Screenplay by Zaillian, S., based on the novel by Keneally, T., directed by Steven Spielberg. Schindler’s List. Excerpts from pp. 131–2.

57 McLellan, A. T., Lewis, D. C., O’Brien, C. P., Kleber, H. D. “Drug dependence, a chronic medical illness: implications for treatment, insurance, and outcomes evaluation.” Journal of the American Medical Association 284(13):1689–1695. 2000.

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