J. 27 th Gctcter 1976 CIGAnE7TE SMOKING AND CAV5AL The public positicn cf tobac=o co-panies with respect to causal explanations of 'Ile assccaL.on of cigarette sncking and di seases is dominated ty legal consIderat ions. In the ..;Itirnate conpanies wish to te able to ditpute'that a part!c-j:ar product was the cause of injury to a particular perscn. By repudiation df a causal role for cigarette s.~ckinq in general they hope to avoid liability In particular cases. This domination by le3al consideration thus leads the Ind.;stry into a public rejecticn in toltal of any causal relati:-ship between smoking and disease and puts the industr-... in a peculiar position with respect to product safety tiscussions, safety evaluations, collaborative researz- etc. C~:--ipanies are acti7ely see~lra to make products acceptable as safer while denying strenuously the need tc ~o so. To -any the industry appears intranstgent and irresponsible. The problen of causal.ity has been Inf2ate:: to enormous proportions. The Industry ~Rs ret,_at-i~ b'-,hihd' impossibl-e -derpixids -fo;r"sc,"entifiba. whereas ~s-icA proof has rye er v e,. reiquired as a basis for action i-i the legal and poll-tical fields. Indeed If the doctrine were widely adopted the results wculd be disastrous. I believe that with a better understanding of the nature of causality it is plain that while epidemlolcgical evidence does in,~:-ate a cause for concern and action it cannot form a basis ~n which to claim damage for Injury to a specific ind!vId-.;a1. In the Surgecn General's Adviscry Committee Firs t F2::`rt the q-jestion of causality is raised. They reccgnlse~ the dif.-Iculties but agreed that causal 51cr-ifi- cance cf an association Is a matter of judgment and noted a number of criteria which may be utillsed together, not one of -_~~!ch alone would be sufficient, e.q. the consistency, strength and specificity of the assc-ciatlo~, the te,,,pc.,ral relatIcns1!!p and the cohprence of the association. Th. e y consideret characterisation of the assessment of an asscciati:n as a "factor", a "deter,inant" or a "cause". They rec:;gnised "factor" as a source of variation but not necessarily as a cause. Further there can be co-existence of several factors required for the occurrence of a disease but one factor may play a determinant role. The word cause was held to convey the notion of a significant effectual M506 :w Czntd. ok c0 r--.) d\ BATCo document for Province of British Columbia I November 1999 2 relationsn!:) bet--cen an a~;ent and an ass-:,:iated disorder in the host. All the nembers acceptet a ~.ultlple etllioloqy vle. of b;:Iogical processes. In the end they defined "cause" merely to cs~flrm ~7e!r c-_~-Icti:)ns. The Surgeon Car~eral's Co,.n!ttQe had such great d'fficultf kith the problem of causality b~-cause the tests for causality we "Instinct,ely" a,~sot. are Lhose-of "necessity and sufficiency sptlt out I:.- J-S-Mllfl,~hereas epidemiology requires - as the Ccnmittee demonstrates In practice different 'reatment. It is my thesis that the tests Of Hill (.h!c" I will call tests for scecial causality) apply only to -e:nanistic syste-s -hereas epidelology, for example, requires a probabilistic a=proach. In the nineteenth ce-~tury It was assumed that e,,ery eff,!~t must have a.cs-se. 7z pr-zve that A caused 8 it would have to be de,~cnstrated that e-.-ent A pre~_edes event 8 and that event A is both ~.ecessarv and sufficient to ensure that event 5 will fs1low. The view of science itself was mechanistic, it.-3s fell, that If everything wa',s.),no.n t" t t - ti#~e,of that system P"._ a sys. em,!'tlep he - f u rt a W imi'ts'; this ~Wou'14, be pzed'iciabl it y concept is. still va z: f- a'.ppearances the In spite behaviour of billiard balls is entirely plre~ictable and, given the d3ta, is calculat:e. T I, 19 c:-~ncept still dominates legal thinking. Althouq'i the extension of c,:-ntrIbut::y negligence insreasingly recognises multiple causes the concept Is nevertheless echa~istic - there Is an underlying assumpticn that, qlven the facts, the results are predlct3!~,.le, ca:sulable and legally apportionable. This mec~.ani.stlc cDr=ept of causality Is still also the p:;ular c:ncept. :, the 7:~ern :rld cf advertising even L~%e most c=~plex systems ireginable (hu-nan emotional situatior,s) are presented as predictably controllable by simple events such as using Brand X. Julian Huxley in 19SB wrote "The conclusion to be dra-,~n f::~m the e,.-idence is definite, Increased smoking Increases the prcbatillty cf devel,~Pinq lung cancer. Unfortunately the significance of such a sLatenient is not clear to iamy people. Obsessed by the naive Idea of finding a single cause for every effect, they shake their heads and say that the evidence is cnly statistical$ as If that Invalidated It. In point of fact, every scientific law is statistical, and all that physicists can tell us about electrons within the atom Is the probability of their occupying any particular pcsition". Contd. BATCO document for Province of BritiSh Columbia 1 November 1999 C) CD CN --_j cc r1,) . f rQ ,_n 3 J, Thus ;u!ian 14ux!ey be-,am to szell out a probabilistic ~!.causal !ty (~h.Ch 1 -111 call general causality) based on twent.leth ceitiry science. When we have a science ~vhl=h eTibraces the uncertainly principle - the utiknowability of the total data for so-.ie systems - and probability to describe the pr,;p'erties of large populations the., we car-ot expect s-pecial causality to be very,useful. Hcwe,er, just as lle~tcmlsl.a-s are true enough for everyday experience and relativity would be superfluous the tests for special causality can still be applied to very simple unified systenis. out for c-z.~plex systems Involving the properties of larce numbers e.,tperlnentally established relatiomshizs may be used to predict the behaviour of the population with accuracy. r! Fcr eia-nple frc7 ttie e-iidence we have that smoking is a factor in. multiple correlations and Is strongly associated -.ith sc'-.,e diseases, this; may be sufficient to substantiate a cla-lim that.smoking Is a cause of the disease or caluses ah!' I.ncre~se in ;the-, Ir':cAde`mce: of~the-dlsease. . if. A..t 'can be re'l, i a'h p r 4!d c-t1gd t*11!at"If'sm'6k'1'm9. Is d6treased in a populati-on ~-so W i I'l be':the Inc idence,-~oj. this 6e, that 4) . : . , . - ti disease then src~k i c is a cause In he genera I or probab sense. But the e~ide,ce obtained f,rorn populations is not relevant to the Individual -as far as the Individual is concerned. aeneral causality has no validity and it would be quite Improper to imply predictability. And this applies to the lecal question "Could sm.-king have caised damage to this -am?" as ell as to the q_,est!:;n "Did this brand do th s to this an7" (71 In an Individual case, to prove an agent is a cause f2r an elfect one must fall back to establishing that the particular agent was fzr that Individual in all his special circu--istances both necessary and sufficient. But these sz~eclal circumstances lncl,.;~e genetic constitution, abnormal phenotype or genotype, social status, exposure to other known agents (e.g. carcinogens) together with a host of relevant considerations. Diseases In fact are not caused merely by the presence of a particular agent. if such a simple cause were assumed then there is a necessity to explain why It only occurs in a minority of "susceptible" Individuals. C.mtd. M 5 06 A CO r1 j BATCo document for Province of British Columbia I November 1999 71, q In Sul-ary, f-;r s:cIal policy purposes It is sensible and totally r-lel-lt to use the experimental evidence pertalning to large 9~rt-jps and also to select the simplest ~%ypotheslls. It ,ay therefore be concluded that for cera.n -grcu=s of pecple smoking causes the Incidence of certain dise3ses ts be higher than It would otherwise b e. But nc valld c:,clusions may be dra,n from the epidemicl:,gical st-.--dies with respect to any particular individual. In this case, at present, there is no way of knowing or of calculatino t~'e Drobability whether smoking will cause disease In any specific Individual or whether by giving up smoking he will a-icid disease. Thus I find it completely consistent Lcth t: accept Lhat the evidence de.,nonstrates the need for same action on sinoklng as a social problem the individual Smcker M:ndnalsouto~re'ect a message. to that ki ca ses cancer-, etc. Fcotnote .6 1. Mill "was concerned t .aestablish methods employed by sclentLs ts,. methcds of induction, which would act as an .1 ndd.pond~' C-t~eck on ob-servat'ion: a) Ift.; 6#"M~re instances of''the ~he~nomenon under lnve~s.tijati`on have only one.cIrcumstance in common .....,hisAs U~e ca.-.,se. b) If an instance In which the phenomenon occurs and an instance In which It does not occur have every c1 r:--nstance in cz7non except one, tha.t one only "zcjrring in the f:rmer, this one differing clrz-imstance is the cause ... (or an Indispensible part of it). C) If t~o or more instances in which the phenomenon ocz.;:s have c~nly cie circumstance in common, while two cr more Instanzes in which it does not occur ha---e nothing I.-, cc-7~-non (save the absence of that circ--;nstance) the circunstance in which alone the two sets of instances differ is the cause. d) Whatever phenznencn varies In any manner whenever anzther phencrnenon varies In scme particular way, Is either cause or an effect of that phenomenon or is concerned with It through some fact of causation. Mill was never clear whether his methods were of discovery or of proof but they did influence the. approach of experimental scientists. Ne*vertheless his Inductive method necessarily assumes that every event must have a cause. SJG/NW M 5 0 6 ON --j CO rj j-, C7-:) (-;,4 BATCO document for Province of BritiSh COIUMbia 1 NOvernber 1999 22,-d Cctober !--76 M 5 0 6 J, UIALUAT!Ctl Cr CICARE77ES ,he eval,--ation cf safety of s.-~ki~g cr =f cigarettes is inpcsed on two rnain bodies, '.he ciga:ette manufacturers and the public a-ithorities. It .!,;~t te said that such an evaluation is entirely the respcns!!~ility of every adult smoker and for the -anufact-.jrer thi! is a te~mpting proposal. But if this vied were to be sustained then cigarettes would have tc !;a regarded entirely d.fferently from most other items - agro cnemicals, cos,,etics, f:,,cd additives, motor cars, etc. In any case thi3 arg-.;-nent merely transfers the on-us of decision - gu!dance on the evaluation would still be req-jired frori manufacturers and public authority. It is unlikely then that the~cigarette manufacturer can avoid involve:nent ~.Ith safety' eval.:azion and It might be helpful to lc~:k at the factors Invc:ved. Safety is not a measured or indeed a measurable factor. Safety is best def' ned as. the de-,ree.to which atterYctanE,'.risks,-a~re ju,e-;'e-d. to bellacce able.. ~nd'~ r i sk Is the prob.ability and protiaple severley of harrm which is. measurable. 6ecause I h. is reasurable' the 'evaluation of risk Is sUscePtible to'a 5-c ien t ~ Uc zpproach. Judging or evaluating safety ( the acceptati I I ty, 0! risk) however is a normative', political activity and is not therefore s,--sceptible to a scientific approach. It is to be expected then that. there will be wide variance in safety Judgment between, say government and Interested Ind---stry or between one well informed smoker and another. There should not be - and in truth there is not - as muc'- variance of the vie.s on risk bet-een scientists whether in Industry or public service. As far as smoking is concerned there is riuch confusion caused by scientists and particularly by dcctors bec-~ming emotionally involved and making jud;-ients in the political area %,;here they may r-ot be ccrpeteit. C, ',a other hand politicians and ir-d-.;strialists venture into the scientific area of risk where t%ey may be clearly in=:.npetent. The position is not helped by scme doctors belief that they are trained to be competent In both areas. Whereas, in my judg,ent, their general training quite properly leads them to preoccupation with Individual (i.e. unique) decisions and away from both social or scientific generall3aticn. C---Itd. CD CD C71 BATCo document for Province of British Columbia I November 1999 5 6 n 2' - But even in the risk area the postt!cn !s not clear cut for smoking. 'In spite of the general sinilarlty in the results of various epidemiological st-idles there are no precise measurements of the var!ous ris-A in-vclved In smoking. There is also considerable sc:~e for different interpretations of data a~d some fairly f~r7nldable prpble-is with self seleoted sa~nples In epidemiological studies. Thus although the evidence on which risks of s-nokinc may be estimated' Is well known, perhaps the znly cz-nclusicn supported by all scientists is that the risk is'above zero. When it comes to safety evaluation, although it Is true that the same sort of factors are involved whether Judgments are made for social or business purposes, -.;hen presented with a variance in risk probabilities industrialists are justifiably inclined (at least publicly) to choose the lower and those held responsible for public safety s.,Ilarly to choose the higher risk.. There is thus an understandable an d justifiable diyergenc,4 I r% the evaluation of t-he safety Of'. cl;arettes. : 'In a hiqhl~ ti" the Vi'lls-ed sociq~y it is in interests of all to aim to ge,t these, evaluations to c:nverge. 'more research.' -to get,-cl'oser agreement This can be done by on risk. However, value udg:rents must still be made and it may be worthwhile Indicating some of the factors hich are involved in making such jud:ments. One factor is concerned with benefits - and it- must be made clear that benefits are value judgments. Scientific research can Indicate efficacies In achieving measurable results but it cannot indicate or meas--:re benefits. The sort of q-_,estjorls which must be asked are as fcll:,s:- Is the risk voluntary c: in~_-Iuntary7 Is the effect immediate zr d-?1ayed7 Are there alternatives7 Is the risk known with ce:tainty7 Is Ure exposure essent!a!7 Is the risk encountered occuzationally7 Is the hazard common or "dread"7 Does it affect average people or sensitive people? Will the product be-used as intended or is it likely to be misused? Are the consequences reversible or irreversible7 We are thus concerned with considering, as well as risk, social cost, cu3tz-9, reasonableness, best available practice, benefits etc.t and in making a decision thesa several or many. components --st be appraised, compared and 11 Ccntd. C-3 (71 _Ij C-0 r. NJ TCD BATCo document for Province of BritiSh Columbia I November 1999 A ,-J "L.. ~i f r M 0 6 3 --?,;!%ed aca-~nst each other. The difficulties in fcod safety eva..;.itlon t:e s1.,1:ar to those for cigarette's. T-ere are C:n31der3ble t!f!eren:es In judgment on food and It is to be e-pected that '-nere will be wide differences In the jud~;~ents cf smokers, ;--1-'tic!ans, and ind.s trial I sts. The ciga:rette manufactjrers, in my --:!lion, a--e entitled to say: "As long as there is insuffIcient ::nsensus an risk (but not until there Is clinical proof zf the mechanism) we are not able to make useful safety '--~;ments" - this 15 in effect the t1ght :-.pe. Cz-jpled .4-th my previous argument on general (pr~-babi list!=) and s.=ecial (.Techanistic) causality which er..'zies the -~~=-.nufacturer to say, even if there ever is consens:js on rLsk, this can only be construed as a general causil :*-1a'1-'cns.-,'p applying to the incideice cf disease in W~~Pulati--ns and is not applicable to any unique individual `-.ese are very effective d4fensive P.R. and legal positicns. Czuole~!- f:~-rther with s6ppo~'t tbrreseafc- a recd;lnltion ".at this cnly can establ'ish (.o rreduceY: Rick etc. and t'~at in the end safety, benefits, fairness '4.nd balance are' 'I value judgme nts our public position is logically quite respectat~le. if at the same time we recocnise.. that those --'th wider responsibilities to the public are entitled t= na.~e different value judgments with respect to the aczeptabil!ty of risk and the loss of berefit and to act cn them, I believe we have the best pabli: position :`tainable in the circumstances. In su7nrnary this Is (a) 9-1sk Is the business cf science a--~ there r,0t consensus. (b) Salety Is dependent on value jud:-ents and ide differences are to be expe--led. (c) research at all le-iels shoult help evaluations to converge. (d) there is evidence that s,oklnq is ass:~clated with higher incidences of some diseases and general causality may be claimed, special causality can never be proved. (e) Vie slogan Is informed responsibility 6f adults governments and Industry. C::1 C7*, -,j CO NJ CO U- C:) BATCO doCUrnent for Province of BritiSh COIUMbia I Novernber 1999