By Peter Eisler
ROCKVILLE,
Md. — The story line for the fire at Francis DeLeo's home in February
was familiar to Montgomery County firefighters: a senior citizen, a
cigarette, a tragic death.
The
blaze that killed DeLeo, 84, was the county's sixth fatal fire in the
past 12 months. Each victim was at least 75, and investigators found
that all but one fire began with a cigarette.
Firefighters
had high hopes for a bill in the state Legislature to require that all
cigarettes sold in the state be "fire safe." Those cigarettes are
designed to be less likely to set a sofa or trash can on fire because
they go out quickly if someone isn't smoking them.
The
Maryland bill died without a final vote, however, when the legislative
session ended last month. Amid opposition from tobacco interests,
similar bills have failed in many states and in Congress.
That
may be changing. New York began requiring fire-safe cigarettes in 2004,
and Vermont followed May 1. A California law requiring fire-safe
cigarettes takes effect at year's end, and a similar bill that passed
in Illinois awaits the governor's signature
Maryland's firefighters continue to wait for action.
"This is something that can save lives," says Pete Piringer, Montgomery County Fire and Rescue spokesman.
May have been preventable
At
DeLeo's house, investigators found that a discarded cigarette butt fell
on a couch and started the fire. DeLeo died from his injuries 17 days
later.
"It's very likely that a fire-safe cigarette would have prevented that fire from getting out of control," Piringer says.
Though
the smoking rate among people 65 and older is less than half the rate
of adults younger than 65, seniors account for about 40% of those who
die in cigarette fires, according to the National Fire Protection
Association, a research group that helps develop fire codes.
Most
of the 300 to 350 seniors killed each year in cigarette fires die in
private homes. But cigarettes also are the leading cause of fire deaths
in institutions that care for seniors. A USA TODAY analysis of more
than 100 fatal fires since 1999 in nursing homes, assisted-living
facilities and senior housing shows that about 50% began with a
cigarette.
"If
you look at the big wave of baby boomers, it's something people need to
pay attention to," Montgomery County Fire Marshal Michael Love says.
In
the past 18 months, lawmakers in at least 15 states have considered
bills to require fire-safe cigarettes. But opponents often are using
procedural maneuvers to block votes on the bills as legislative
sessions have wound down.
In
Maryland, for example, a fire-safe cigarette bill passed the state
House 124-12 last month, but two senators blocked final votes as the
legislative session closed.
R.J.
Reynolds, the nation's second-largest tobacco company, led the lobbying
to kill the bill, says Kathleen Dachille, who runs the University of
Maryland's Legal Resource Center for Tobacco Regulation, Litigation and
Advocacy, which supports tighter restrictions.
"The delay tactic was adopted ... because (opponents) didn't think they had the votes to kill it," Dachille says.
Philip
Morris, the largest U.S. cigarette-maker, has taken a different
approach. In Maryland and other states, the company hasn't pushed to
kill such legislation. It instead seeks to make sure that all state
bills would apply the same fire-safe standards as New York.
The
company's goal is to avoid "conflicting state regulations ... (so)
manufacturers don't have to make different products" for each state, a
company statement says.
Congressional action
Philip Morris officials declined to be interviewed. The statement says
Congress needs to set national standards for burn rates and other
aspects of fire-safe cigarettes.
But
bills for fire-safe cigarettes have been introduced repeatedly in
Congress. None has gotten industry backing. And none has gotten a vote.
"The
tobacco industry still has a veto in this Congress," says one sponsor,
Rep. Edward Markey, D-Mass. "Once consumers realize tobacco companies
are selling safer cigarettes in (some states) and more dangerous
cigarettes everywhere else, they will start demanding a national
standard."
R.J.
Reynolds officials say fire-safe requirements are simply unnecessary.
They note that even cigarettes deemed "fire safe" can ignite trash or
furniture. "A more effective means to address (cigarette fires) would
be through education," spokesman David Howard says.
Maryland
state Sen. George Della, one of the lawmakers who held up the bill that
died when the session ended, says tobacco lobbyists' questions needed
more review.
One
issue, he says, is whether "the fumes that come off this (fire-safe
cigarette) paper could possibly be more hazardous to your health." He
also wants to determine whether the bill's backers have a financial
stake in producing that paper.
Della
acknowledges getting campaign money from tobacco firms "through the
years." But "I'm not owned by anyone," he says. "I call them as I see
them."
Contributing: Research: Will Risser
