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The Evidence

The scientific Archive that debunks 50 years of superstitions on smoking


 
 

... AND THEY CALL THIS "SCIENCE"
The farce on the science of passive smoking

 

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June 3, 2005


NO SCIENTIFIC PROOF THAT SMOKING CAUSES CANCER:
GAG THIS MILESTONE DECISION!

The story in short and the essence of the decision

The case starts with a story which nowadays, unfortunately, has become routine. After contracting lung cancer, smoker sues cigarette manufacturer and says he has been seduced by cigarette advertisement. He also says he was not aware of the risks when he started smoking. After over 10 years, during which time he dies, the case eventually gets to a Scottish court in 2003. With an innovative act of rare courage against “public health” orthodoxy and superstition, Imperial Tobacco decides not to bend over as the rest of the industry does, and to fight the public health fraud in court on a scientific basis.

This is the approach that FORCES has always adamantly championed since its inception 10 years ago, as only by exposing the base scientific fraud on active and passive smoke is it possible to demolish the fortress of antismoking beliefs and lies. We hope that we were influential!

After a very meticulous examination of all available scientific and statistical evidence to date (no convenient omissions), the court rejects the request for compensation and decides in favour of Imperial Tobacco and against Margaret McTear, widow of Alfred McTear, who died in 1993 at the age of 48. In an 800-page decision, jurisprudential milestones are firmly established:

  • The notion that McTear was unaware of the dangers of smoking is rejected.

  • The notion of addiction – that is, the fiction that McTear was so dependent on nicotine that he was not able to quit is rejected.

  • The notion that advertisement was responsible for McTear’s decision to start smoking is rejected.

  • The notion that there is scientific proof that smoking causes cancer is rejected.

PROFILE OF THE SMOKING "VICTIM"
THE STATEMENT OF JUDGE NIMMO SMITH (13 pages pdf)
READ THE ENTIRE DECISION
The interesting parts of the decision: General Causation and Individual Causation
Finally the truth comes out

June 3 - There is no scientifically proven causality between active smoking and lung cancer. Rather, the preponderance of the scientific evidence seems to lean towards improbability. These are the conclusions of the historic decision of a Scottish court in a lung cancer lawsuit against cigarette manufacturers, made public May 31 – just in time for World No Smoking Day. The dream of £500,000 in compensation has gone up in smoke.

Yes, it is possible to gag and suffocate the truth and sometimes this can be done for centuries, as happened with knowledge in the Middle Ages. But truth cannot be killed, and eventually it emerges. At that point, the only thing that can be attempted is to avoid disseminating the information, or to lie. Some of the media that reported the news had a slant such as this: “Court denies lung cancer compensation”, as if an unfair and mean-spirited tribunal had denied a right that should be taken for granted: the right to milk a legal industry before destroying it. But this “right” is based uniquely on hypotheses that are not scientifically demonstrated, and on idiotic hatred induced by con artists. A veritable white mafia that has institutional power tries hard to pass those hypotheses as indisputable reality upon which to base the extinction of smoking. We always said it and now we repeat it with gusto. Enough cons. Enough with statistics and computerised death: you scientifically prove ONE death, rather than quote huge and meaningless numbers!

Protect the mafia!

The reaction of the antismoking mafia and its media accomplices is easy to predict. All over the world, the first approach will be to ignore this milestone decision as much as possible, or underreport it with assorted negative spins. Maybe that is all that’s necessary since even those parties who can immensely benefit from this seem literally terrified of appearing "politically incorrect", and since many have become comfortable in the underdog position. Why upset the apple- cart?

If silence does not work, then the next logical step to take is to set up long parades of medical “authorities” – the usual gurus who tell us the faith that we must live by: it is indisputable that smoking causes cancer. The omertà will be honoured to uphold a well-established profit-making enterprise, and a popular superstition that may be jeopardized. We count on their zeal: if people were to figure out what’s really going on, that would spell an unprecedented political and ethical disaster for this mafia, with repercussions on a planetary scale. The fraud must go on.

In this scenario, it’s logical to assume that very few journalists would dare to publicly challenge these Mafioso with aggressive questions such as:

  • “Can you scientifically prove a single death from smoking?”
  • “Has it scientifically – not statistically – been demonstrated that smoking causes cancer, when the origin of cancer is still unknown? Yes, or no?”
  • “In any cancer case of your choice, are you able to reliably separate the co-factors, identify them, quantify them, and/or establish with reasonable certainty their percentage of contribution to that cancer, so that its causality is scientifically credible?”
  • “In the active/passive smoke studies, are you able to specify their margin of error?

THESE are the scientific questions that a real scientist must be able answer with either a yes or a no – and then demonstrate with the appropriate documentation (this is common practice in real science). And THESE are the questions that the anti-smokers systematically refuse to answer. The reason for the refusal is clear: they know damn well that the only possible answer to those questions is no, and thus the “smoking causes cancer” statement would be degraded from the status of science to that of personal belief, thus unveiling the perceptional fraud they have perpetrated for years!

  • Why has no journalist ever asked these direct key questions to the antismoking health "authorities"? Why do they limit themselves by allowing these high-level charlatans to shout their revealed “truth” from media podiums (and never in the presence of scientific opposition, of course)?
  • Why, in the rare cases when a (token) opposition is allowed during mass-media broadcasts, do the hosts often seem to have the duty to try to make that opposition look like a trivial, corrupt or lunatic curiosity?
  • Why do media not allow or encourage public debate on a scientific basis? Maybe they think that the public is too stupid to understand and would switch to some soap opera? Who do they want to protect?
  • If the antismokers have nothing to fear and are so sure of their "science", why do they refuse to take on publicly those very face-to-face debates that could quickly put an end to any opposition?

Instead, the faith of these gurus is permitted to be presented as scientific fact. Talk show hosts nod their heads understanding nothing, but deferring to apparently authoritative people who are taking them – and the public – along for a ride! This is the reason why we have always insisted that these people be taken to court: in front of a court they cannot refuse to appear or to answer and cannot dodge key questions. And the truth, finally, comes out. The case in Scotland is certainly an enlightening example.


June 2, 2005


Justice

June 2  - Blasting it open - The case began as a run-of-the-mill action against a cigarette company.  After contracting lung cancer a smoker sued the cigarette manufacturer, claiming he was seduced into smoking by advertising.  The plaintiff also contended that he wasn't aware of the health risks when he started smoking.  After more than a decade and the death of the plaintiff, justice was finally rendered in a court in Scotland.

Rejecting the plaintiff's claims, the judge ruled in favor of Imperial Tobacco and against Margaret McTear, the widow of Alfred McTear, who, at the age of 48, died in 1993 of lung cancer.  Rejected was the notion that Alfred McTear didn't know the risks of smoking.  Rejected was the fiction that Alfred McTear was so addicted to nicotine that he couldn't quit smoking.  Rejected was the conceit that advertising was responsible for Alfred McTear taking up smoking.

These components in Judge Nimmo Smith's ruling are not unusual.  Juries throughout the United States have ruled in favor of tobacco companies on just such grounds.  Juries, of course, have also ruled in favor of plaintiffs, finding merit in all the claims that Judge Smith rejected.  The real import of this decision has nothing to do with cigarette company behavior but everything to do with the core issue of the war on smokers.

Imperial Tobacco, for reasons as yet unknown, decided to fight the suit on scientific grounds, rather than with the legal technicalities and minutia that corporate attorneys feel most comfortable.  Its decision to defend itself with the scientific facts produced a blockbuster of a decision.

While it was not in dispute that Mr McTear died of lung cancer, there was no proof that Imperial Tobacco's product had caused the cancer which killed him, the judge said.

The BBC reporter is being overly circumspect here.  The judge's own words in his lengthy decision do not warrant such a narrow interpretation.  The judge is not solely exonerating Imperial Tobacco as if Alfred McTear's particular brand had been alleged to be defective.  What the judge said is far more expansive:  Smoking tobacco has not been shown to cause lung cancer.

We are still studying the 800-page decision and will be presenting its salient points in the near future.  What is clear, even from a cursory reading, is that Judge Nimmo Smith, using the massive scientific evidence on smoking and disease, blasted a crater in the seemingly seamless surface of conventional wisdom that long ago accepted the equation that smoking tobacco equals disease and death.


Prohibition

June 2  - When politics is personal - Washington, DC Councilwoman Carol Schwartz has historically been the principal opponent of DC smoking bans, and Councilman David Catania long sided with her. Three weeks ago at a Council session, Mr. Catania attempted to add a series of "no-bid grants" to the Health Department budget, and Ms. Schwartz questioned this.

We wonder about it ourselves, given that Catania reacted with anger and defensiveness to Schwartz's questions, then swiftly changed the subject to smoking bans. Suddenly, he was all for a ban, and boldly proclaimed that he was going to "move it out." Fellow councilors attest both to the dramatic nature of his turnaround and to his potential political ability to move the ban.

Was this simply a nasty fit of pique on Catania's part as the Washington Post suggests? Perhaps, or perhaps support for no-bid grants related to public health, a sudden love of smoking bans, and Mr. Catania's odd explanation that "I felt I didn't need to be restrained anymore," might suggest a growing closeness between David Catania and what the Post calls "incessant" anti-smoker lobbyists. The lobbyists' capacity for incessance is of course just one power rooted in their deep pockets.

Catania still pleads lamely that he doesn't want to hurt the hospitality industry, but we are left to wonder what industries he means to help, or which might be helping him. Voters, including smokers and bar owners who may previously have supported Catania, can also make dramatic turnarounds. If they played a part in putting Catania in his Council seat, they can tell him to take that crucial part, and "move it out."

Business

June 2  - Tobacco control is blowing smoke - As a threat of a United Kingdom smoking ban becomes more eminent the somnolent hospitality is getting worried.  With Ireland and Italy both suffering under draconian smoking bans the small business in the UK envision the same dire economic fate washing onto their shores in the next few years. 

The Centre for Economics and Business Research took a look at studies examining the economic fallout when smoking bans are imposed and discovered what we have known for a very long time.  First of all, the overwhelming number of the economic studies were conducted and funded by the tobacco control industry.  Second of all, the methods by which those studies were conducted are questionable, to say the least.  Finally, there is no doubt that banning smoking results in lost sales and lessened tax receipts.  What needs to be determined is not if smoking bans are bad for business but how bad they are and whether the ephemeral gains in "public health" are worth the economic losses.


Propaganda

June 2  - The life of Reilly - After pouring through millions of cigarette company documents for over a year a gang of Harvard grant junkies has produced a report that is earth shaking in its import:  Big Tobacco conducted marketing research on what products would appeal to women who smoke.

Wow, what a bombshell!  Imagine a company hoping to sell its product to half the adult population.  How low can you go?


June 1, 2005


Hysteria

June 1  - Smoking a Coke - There may be very good reasons to take a dim view of first-graders guzzling carbonated drinks containing caffeine, especially during school hours.  Although they are full of calories they don't contain many nutrients and the large doses of sugar and caffeine, while perking up the harried office worker, are likely to give young children the fidgets.

One can still deplore the insanity of a gang of shrinks, gathered together for their annual meeting, issuing a statement equating drinking a Coke with smoking a cigarette.  Surely these quacks must know that if the first-graders smoked cigarettes during instruction they would be more receptive to learning, quicker to solve problems and far better behaved.  We don't advocate elementary class-room smoking but we really hate highly educated professionals mixing apples with oranges as a deliberate bid to hop on the latest panic-stricken gravy train.


Scandanavia

June 1  - Scandinavian Prohibition - We are a long way from the days of the proud Viking.  While we're obviously much better off not having tough, aggressive Norsemen plundering the coasts of Europe it is truly sad to see these once formidable people quaking and cowering before a wisp of tobacco smoke.  Norway capitulated to the tobacco fanatics several years ago with hardly a whimper.  According to our correspondent, Søren Højbjerg, Sweden is next to fall, with Denmark teetering on the brink.

Anti-tobacco Morons

June 1  - But drug money is just fine - An upright politician from Australia is waxing eloquent about the need to remove blood money from the political process.  Despite it being a legal, highly regulated business, cigarette manufacturers should be prohibited from donating money to politicians, a corporate self-defense tactic practices by every other industry.

While accepting money from Australia's burgeoning alcohol industry is moral, donations from Big Tobacco are immoral, according to Duncan Kerr, a Labor backbencher.  It is likely that Duncan Kerr is one more useful idiot in the pharmaceutical industry's pocket, doing that industry's bidding while hamstringing the competition.


Justice

June 1  - Age verification struck down - The state of Maine, once a paragon of New England rectitude, some years ago became a fussy anti-smoking state, obsessed with hassling its citizens who smoke.  One petty rule requires package delivery providers to prove that those ordering cigarettes are 18 years or older.  If the buyer is 27 years or younger the delivery service must demand a government-issued piece of identification.  Since few minors have unrestricted use of a credit card, online sellers preferred mode of purchase, Maine's law is not only ridiculous but, according to a federal judge, illegal.  A rare win for common sense.


May 31, 2005


Tobacco Settlement

May 31  - State Monopoly - It's 46 state attorneys general, the 200 or so wealthiest trial lawyers in the world and the six largest tobacco companies against a bunch of very small businesses who are losing money

It's not about health care or safety; it's about market share.

It's not often that we praise the Associated Press but an article by business reporter Stephanie Stoughten is recommended reading for those who wish to understand what the "historic" 1998 tobacco settlement is all about.   As time goes by it is increasingly clear that this deal is a massive scheme to transfer billions of dollars from smokers to state governments.  On that level it is a privately-negotiated tax imposed by entities that have no authority to raise taxes.  On another level it is an agreement between state attorneys and the big cigarette manufacturers to establish a state-sanctioned monopoly.  The settlement has been financially rewarding for Big Tobacco, the tobacco control industry and trial lawyers.  For the country it has been a disaster in that it entwined public and corporate greed, blurred the rule of law and relegated a huge number of Americans into cash cows for the rich.

Washington State

May 31  - The Beat Goes On - Anti-tobacco and its partners in the press are on a roll!  Now is the time, it's never looked better, for Washington State to join the civilized world of prohibition.  For years anti-tobacco has been rebuffed by the people's representatives, the legislature, but 2005 is when all the pieces will fall into place for the smoking ban that the people don't seem to want.  Norman Kjono looks at the big-money full court press to thwart the legislature, buy a smoking ban and corrupt the political process.


Prohibition

May 31  - Last Call - A one-time popular restaurant and bar in Columbus Ohio has shut its doors, another victim of smoking bans.  After the city installed prohibition and the citizenry voted its approval, Julian Sanfillipo sadly terminated the business that had been his life since 1979.  The wake for the restaurant attracted the customers who had been driven away because they couldn't smoke.  One wonders how many of those who tearfully attended the farewell voted to uphold the smoking ban or didn't bother to vote at all.


May 30, 2005


Prohibition

May 27  - Screwing their constituents - Michael Logan, the owner of Trumps Sports Bar and Grill in Lexington that is expanding to Georgetown, said Lexington's ban has "devastated my business." He asked the council to amend the ordinance to allow a smoking section if 20 percent or more of a restaurant's sales are from alcohol. Council members didn't respond.

The Lexington Kentucky smoking ban has been such bad news for local restaurants and bars that one fed up businessman is expanding to nearby Georgetown.  Too bad for him, and the Georgetown taxpayers, that the city council in that city is "considering" an even more draconian smoking ban.  In these shaky economic times the politicians would rather cater to anti-tobacco, an enterprise that pays no taxes and produces no goods or services, than the business people who pay the city's bills.


Hysteria

May 27  - Expanding the customer base - ''This is an incredible, unique opportunity on how to help people get better before they have the worst health event in their life,'' says [Jack] Lord, who has the title of chief innovation officer.

What the Chief Innovation Officer is talking about is getting "pre-sick" people integrated into the bowls of Big Health.  On the quest to wellness, a made up word designed to soften the negative connotation of health hysteria, perfectly healthy people are to be badgered into turning themselves over to the caring and well paid health professionals for conditioning.

Tobacco Taxes

May 27  - Renegade postal services - Warning:  Standing between Eliot Spitzer and a television camera is hazardous to your health.  Failure to heed this warning could result in multiple injuries from trampling hooves as he rushes to bray out the latest tobacco control industry talking points.

Spitzer, New York's attorney general, not content with bullying credit card providers and package delivery services, is going after the U.S. Postal Services.  Spitzer is incensed that the post office has the temerity to deliver mail that he finds distasteful.  He's not concerned about child pornography or weapons through the main.  No, he is livid that the post office continues to ship cigarettes, a legal product, under the bizarre theory that privacy trumps Spitzer's political ambitions.

"Tobacco is a legal, mailable product," Mary Anne Gibbons, the Postal Service's general counsel, wrote last month in a response to the association of attorneys general. "It would be impracticable for postal acceptance clerks to make determinations on any given mailer's compliance with state excise or tax law or Jenkins Act filings."

So that's that.  If Spitzer were truly concerned about "illegal" cigarette sales depriving his state tax revenue he would use the megaphone beneath his nose to call for lower state cigarette taxes.  Cutting them by a buck a pack would end the online sales he claims to deplore.  That approach, of course, is anathema to the pharmaceutical industry.


Population Control

May 27  - Mean spirited nastiness - A captive population is the goal of every anti-tobacco operative.  The "war on tobacco" is a war on the working and middle classes since the rich and powerful are not affected by high tobacco taxes or smoking restrictions.  The ultimate wet dream, however, is power over a completely helpless group of people such as those confined to hospitals.  For Memorial Day we are sad to relate how our veterans are treated by a less than grateful country.  The reporter is James Austin who had occasion to visit the Minneapolis Veterans' Administration hospital:

Starting June 16, smoking will no longer be allowed on the sidewalk in front of the glass enclosed smoking area. Visitors and patients who wish to smoke out in the open will now have to walk around to the side of the hospital. The enclosed smoking area will be locked from 11PM to 5:30am. No form of tobacco will be allowed during these hours. Employees will now only be allowed to smoke on the loading dock. These new rules are for the health of everyone and to promote health. (That's what I recall from a sign posted there)

The Minneapolis VA is like many hospitals; it's big. It has two front entrances, one near the smoking-allowed area. The smoking-allowed area is probably 30' of the front of the hospital where the sidewalk runs and on the far right. The total length of the sidewalk is probably 200 feet I don't think even 1% of people entering the hospital walk in front of the smoking area.

I was there Tuesday. I took a count of people outside the hospital when I left. There were 30 in the smoking area and 4 in the nonsmoking area. There were 3 more people smoking in front, but they were on the fringe of the nonsmoking area on the other side.

I talked to two veterans in the smoking area, both were missing their legs. And both were PISSED! But for their own health and for the health of others, if they want to smoke in the great outdoors they'll have to wheel themselves along some imaginary path to the side of the hospital. And if they're inpatients they won't even be able to smoke or chew tobacco after 11PM.

We live in a truly sick society.

By the way, anybody sitting in front of this hospital is subjected to exhaust from an endless stream of vans and buses dropping off and picking up veterans in wheelchairs. I don't recall seeing a sign warning people of the risk they're imposing on themselves by sitting out there.

In an update this week Mr. Austin find the deplorable situation has woresened:

  • The Minneapolis VA isn't through screwing with smokers yet, whether it's employees, visitors, or veterans.
  • Making them smoke outside wasn't good enough for them.
  • Making them smoke outside in designated areas wasn't good enough for them.
  • Making them smoke outside in a glass enclosure wasn't good enough for them.
  • Restricting their tobacco use (including SMOKELESS tobacco) to certain hours of the day.
  • Smokers are no longer allowed to smoke in a glass enclosure in front of the building, they've been shoved to an enclosure behind the hospital.

I think veterans, visitors, and employees can thank one person for this policy: Dr. Anne Joseph.

"Dr. Anne Joseph has worked almost exclusively in tobacco control since the mid-1980's. Under her leadership the Minneapolis V.A. was one of the first acute care hospitals in the nation to become smoke-free. Joseph was also instrumental in developing and implementing the national Department of Veterans Affairs smoke-free policy."

"As UMN TTURC's policy director and member of the board of directors of the Minnesota Partnership for Action Against Tobacco, Joseph emphasizes that "we need a comprehensive approach to reduce the harm from tobacco." This includes science, legislative policy and changes in our social norms to cut through the smoke and make a difference in all people's lives."

Wanda Hamilton adds an appropriate coda to this tale of nasty bullying:

Ah, so Dr. Ann Joseph, who has been on the front lines of the domestic tobacco war (i.e., sitting on her ass in an air-conditioned office and attending meetings in posh hotels courtesy of the tax-payers) is engaged in making even more miserable the lives of those who have been engaged in REAL wars, defending their country, sweating in deserts and jungles, facing death, losing limbs and sleeping in the dirt.

What a peach!

This heartwarming account of how the country honors the men and women who serve the country comes from SpeakEasy, an online forum for those interested in tobacco issues as well as those concerned over the loss of freedom brought to us by Big Health.  Join the dialogue.


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