Last modified Saturday, November 8, 2003 12:00 AM PST

State investigating Lung Association's complaints

The California attorney general's office is investigating a complaint by the American Lung Association that the U.S. Smokeless Tobacco Co. gave away free samples of products such as Copenhagen and Skoal at San Diego County staging areas for workers battling last week's devastating wildfires.

The free distribution of tobacco products on public property violates state law and the 1998 smokeless tobacco settlement, Deputy Attorney General Amy Hertz said Tuesday.

"We are taking these allegations seriously," Hertz said. "Our office vigorously enforces state laws restricting tobacco companies from giving out free products to the public. Just last week a court upheld a $14.8 million penalty in a case we brought against R.J. Reynolds Tobacco Co. for violating the state law."

In that case, R.J. Reynolds illegally gave away 108,155 packs of free cigarettes to people at car, motorcycle and musical events in California during 1999, including the Del Mar Mile Motorcycle Championships at the Del Mar Fairgrounds, according to Los Angeles Superior Court records.

Smokeless Tobacco spokesman Mike Bazinet said Friday from the company's headquarters in Connecticut that marketing representatives set up a distribution tent for one day during the wildfires, Nov. 1, on private property at the Valley Center Oil Co. near the Valley Center staging area.

"We did some adult sampling in one location," Bazinet said. All tobacco samples were given to adults on private property in compliance with all applicable laws, he said.

Lung Association officials have alleged that tobacco company representatives left the marketing tent and entered public staging areas to give free samples to firefighters and emergency rescue personnel. Bazinet said that did not happen.

"We are outraged," Lung Association spokeswoman Debra Kelley said Friday. Nicotine is a known cardiovascular threat and especially to fatigued workers whose hearts and lungs are already stressed by heat and smoke, she said, adding that the long-term effects of smokeless tobacco, such as cancer and gum disease, are well known and widely documented.

"This is part of an ongoing marketing strategy that they have to target firefighters, police, the military ... people who are in stressful situations and can't actually smoke," Kelley said. "Unfortunately, nicotine is shockingly addictive, so it doesn't take much to addict people to the product."

Bazinet did not discuss the company's marketing strategy, but said the distribution tents are set up at public events "as a matter of routine."

Lung Association officials have alleged that the Smokeless Tobacco company gave away samples at two staging locations, one in Valley Center northeast of Escondido and one at Gillespie Field in El Cajon. Bazinet said the samples were given away only at a staging area in Valley Center.

Gillespie Field airport manager Noreen Crane said Friday that she recalls tobacco samples being offered there, along with many other free services and products such as food, water, massages, pillows and more.

"It just kind of happened," Crane said. "There was such an outpouring ... of donations. There was so much stuff coming in ... and a lot of the guys chew (tobacco). It would not be unusual that it would happen."

Firefighters from throughout the western United States helped fight last week's deadly blazes, which burned more than 2,400 homes and nearly 400,000 acres in San Diego County.

Contact staff writer Phil Diehl at (760) 943-2314 or pdiehl@nctimes.com.