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Last modified Saturday,
November 8, 2003 12:00 AM PST
State investigating
Lung Association's complaints
By: PHIL DIEHL - Staff Writer
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.
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