Tobacco in Society

Tobacco in Society 1964-2012

It is hard to believe that around half a decade ago smoking was legal in offices, airplanes and even some cartoons were sponsored by tobacco companies. Smoking was socially acceptable and almost 50% of men and 46% of the entire American population smoked. It wasn’t until 1964 that the United States Surgeon General, Dr. Luther L Terry announced that smoking causes cancer. In 1965 Congress required all cigarette packaging to have the health-warning label, "Warning: The Surgeon General Has Determined that Cigarette Smoking Is Dangerous to Your Health." In 1969 the Public Health Cigarette Smoking Act made it illegal to advertise cigarettes on American television and radio. After the Surgeon General’s announcement there was much work ahead for politicians because of the upcoming controversy between the government, tobacco companies and the public. As politicians work towards a balance between this controversy there is a variety of reactions from the public. From 1964-2000’s it has become obvious that the Untied States would like to become a smoke free nation but how achievable is this goal? The 1964 Surgeon General’s announcement was the jumpstart that America needed but the effectiveness of laws and regulations made by politicians are essential to protecting the American people from tobacco products. Although it has been known since 1964 that smoking causes cancer there are many American people who still smoke every day. After the Surgeon General’s announcement communities and the American government began to take steps to a non smoking country. The Office of Smoking and Health has an annual budget of almost 100 million dollars and about 75% of it goes to these groups.The next real problem was not only smokers but secondhand smoke that could be inhaled by non-smokers. This creates controversy between the public, tobacco companies and politicians. The American for Nonsmokers Rights (ANR) was founded in 1976 to protect nonsmokers from secondhand smoke. There have been many legal cases that involve smoking in the workplace. Some of these cases were, McCarthy v. Department of Social and Health Services (WA, 1988), Smith v. Western Electric Co. (MO, 1982), and Shimp v. New Jersey Bell (NJ, 1976). In the McCarthy v. Department of Social and Health Services the Washington Supreme court ruled that it is the company’s duty to "provide a working environment reasonably free from tobacco smoke." In the Smith v. Western Electric Company case an employer was said to have caused a "breach in duty to provide a reasonably safe workplace (for nonsmokers)." Then in the Shimp v. New Jersey Bell the employer was actually required to provide a safe work environment for nonsmokers. Although there have been many cases won for nonsmokers in the workplace there have also been controversy over those that were fired for wanting a smoke free environment. Some examples of these are Hentzel v. Singer (CA, 1982), Bompane v. Enzolabs, Inc. (NY, 1994), and Keller v, City of Grand Rapids (MI, 1999).) In the Hentzel v. Singer case a worker appealed in court for being wrongfully fired because he complained about bad working conditions relating to smoke. In Bompane v. Enzolabs Inc. an employee was fired after she complained to the County Department of Health, that the company failed to provide a smoke free workplace even if a nonsmoking workplace was supposed to be enforced by local law. Then in Keller v. City of Grand Rapids an employee was awarded $420,878 who filed under the Michigan Whistle Blower's Protection Act because he was harassed for complaining to his employer about violating the state's Clean Indoor Air Act. After many cases similar to these a new organization, Americans for Nonsmokers’ Rights was formed in 2003 and they began to work closely with the local, state and federal government to achieve a smoke free America.

Although the federal government and state legislator have done many things such as monetary support to stop smoking in America the goal has still not been obtained. Each law passed such as the banning of advertising cigarettes has lowered smoking rates and especially the 1964 Surgeon General’s announcement. The cigarette industry is very cut throat and focuses only on their own goals and not the health and safety of the buyers of their tobacco products. Phillip Morris the founder of the Malboro brand tobacco products shows his insincerity towards buyers health in his letter to Joseph Fredrick Cullman on January 29, 1964. In response to the 1964 Surgeon General’s announcement Phillip Morris writes the announcement is just “proproganda” and should be taken as a joke. He then goes on to say it is essential to give the buys a “phsycological crutch” to continue buying their tobacco products and keep the tobacco industry going. On August 17, 2006 Gladys Kessler had a final judgement against large tobacco companies for lying to the public about health risks of smoking. Judge Kessler stated this in a 3-4 page opinion, "(This case) is about an industry, and in particular these Defendants, that survives, and profits, from selling a highly addictive product which causes diseases that lead to a staggering number of deaths per year, an immeasurable amount of human suffering and economic loss, and a profound burden on our national health care system. Defendants have known these facts for at least 50 years or more. Despite that knowledge, they have consistently, repeatedly, and with enormous skill and sophistication, denied these facts to the public, to the Government, and to the public health community... In short, Defendants have marketed and sold their lethal products with zeal, with deception, with a single-minded focus on their financial success, and without regard for the human tragedy or social costs that success exacted.” Kessler provided solutions such as, prohibiting misleading words to be used in advertising such as “ low tar,” “light,” “ultra light,” and “natural.” Cigarette companies were also ordered to send in annual reports to the government and correct current false advertisement on their website and packaging. In the beginning of 2003 the federal government made it illegal to smoke on all aircraft and since 1988 any building owned, rented or leased by the Federal government must be a smoke free environment. There are also many state laws that protect the general public from secondhand smoke. In the United States there are 24 states that have laws restricting smoking in private workplaces. California, Delaware and Florida are 3 states that have completely banned smoking in the workplace but Maryland and Washington come close and ban smoking in office workspaces. There are also 32 states than ban smoking in restaurants but most only require large restaurants to be smoke free. California, Delaware, Florida, Utah, and Vermont are the only 5 states than ban smoking in every type of restaurant big or small. As of January 1, 2003, there were 178 smoke free workplace 121 smoke free restaurants, 87 smoke free bars and 366 places that require enclosed space to be smoke free in America. The local laws protects the general nonsmoking public more than any other branch. City councils and board of health are less influenced by the cigarette industry campaigning and listen more to the opinions and needs of the local people. People also tend to understand the local customs more which makes it easier to understand and therefore easier to enforce. Although the federal government aid the nonsmoking act, local law such as state laws are less bias and help nonsmokers rights. After the 1964 Surgeon General's announcement, smoking rates of Americans has dropped but not completely been abolished. If America's now know that smoking causes cancer and can cause the people around them to have cancer why would they still smoke? The federal and state laws have helped lower the smoking rates a great deal but not enough. After 1964 smoking rates dropped down in men, women and women in pregnancy. From 1965 through around 1989 there was a straight downfall in smoking rates from about 42% to 35% of adults who smoke. The from 1990-2005 the most amazing rates which were mothers during pregnancy went to a complete zero percent by 2005. Although 1990-2005 was a good time for new born babies it was not for high school students. There was a jump from 1990-2004 where smoking rates hit a peak in high school students. In about 10 years the percent of high school students who smoked reached an all time high at 38%. The in 2005 hit another small peak of about 25% then continued to even out and lessen. Overall the actions of communities around the country and the actions of our own American government has made a substantial difference in cutting down smoking rates. Although there are still American’s who smoke daily new laws,and regulations made by the government is making it harder to continue this habit. Also the countless lawsuits against tobacco companies have shed some light on the cut throat attitude of their CEO’s. In hope of a smoke free country, America must continue in this decrease in smoking rates.