Cigars and Pipe Tobacco to Carry Cancer Warnings

Twenty-five companies that manufacture cigars, pipe tobacco and loose-leaf tobacco have agreed to put warning labels on their products in order to settle a lawsuit filed by California Atty. Gen. John K. Van de Kamp under Proposition 65, Van de Kamp’s office said Monday.

Facing the possibility of huge fines under the anti-toxics initiative, the tobacco companies agreed to settle the lawsuit by providing the kind of cancer warnings that federal law already requires for cigarettes.

“The tobacco manufacturers were very eager to settle and do the right thing,” attorney general’s spokesman Duane Peterson said. “They decided to start (labeling) post-haste.”

The settlement--the first of its kind under Proposition 65--demonstrates that the anti-toxics initiative gives law enforcement officials and environmentalists a formidable new tool to ensure that businesses warn the public of the risk posed by a wide variety of hazardous substances.

Under the agreement, all 25 firms will place labels on their products warning consumers that cigars, pipe tobacco and other loose-leaf tobacco, including chewing tobacco and snuff, can cause cancer and birth defects. Van de Kamp filed suit Sept. 30 against the 25 tobacco companies, as well as eight supermarket chains and the Ingredient Communication Council Inc., an industry group that had attempted to provide warnings through a toll-free hot line.

Under the lawsuit, which was first initiated by a coalition of environmental groups, the tobacco companies and supermarkets could have faced fines of an estimated $1.3 billion.

As part of the settlement with the tobacco companies, however, the attorney general agreed not to seek any penalties, Peterson said.

Van de Kamp is expected to formally announce the agreement at a press conference in Los Angeles today.

Representatives of tobacco firms and supermarkets could not be reached for comment late Monday.

Van de Kamp’s office is still negotiating a settlement with the eight supermarkets and the Ingredient Communication Council.

However, one supermarket chain named in the suit, Vons Cos. Inc., has already pulled cigars, pipe tobacco and loose-leaf tobacco products off its shelves because they do not provide health warnings.

Notified Suppliers

Safeway Stores Inc., which was also named in the suit, notified the suppliers of all its products that it would not accept delivery after Monday of any products that did not provide proper health warnings.

The supermarkets’ efforts to avoid products that violate Proposition 65 placed additional pressure on the tobacco manufacturers to place warning labels on their products, Peterson noted.

Under Proposition 65, which was overwhelmingly approved by the voters in November, 1986, businesses must provide “clear and reasonable” warnings to members of the public who are exposed to chemicals known to cause cancer or birth defects.

Companies that violate the law can face fines of up to $2,500 per day per violation--a penalty that could reach astronomical proportions for firms such as tobacco manufacturers and the supermarkets.

The action against the stores and tobacco companies was first filed by a coalition of four environmentalist groups seeking to put out of business the toll-free hot line set up by the Ingredients Communication Council and operated out of Omaha, Neb.

Call Number

Critics of the hot line branded it “800-BALONEY” and charged that it did not provide the clear and reasonable warnings required under the law. Under the toll-free system, shoppers are given a warning notice only if they call the number and ask for a product by its precise brand name.