Pursuant to the United States Constitution, Amendment 1, the undersigned moves for enforcement of Michigan law MCL § 750.27, MSA § 28.216, as follows:

1. Former Attorney General Frank J. Kelley filed suit against Defendants herein for relief described in the Complaint.
2. Michigan has a cigarette control law, MCL § 750.27, MSA § 28.216, that forbids "any person within the state" from action that "manufactures, sells or gives to anyone, any cigarette containing any ingredient deleterious to health or foreign to tobacco . . . ." (1939 ed.).
3. Had Defendants obeyed that law, originally passed in 1909, such obedience would have prevented the damages the Complaint describes.
4. All Cigarettes Contain Deleterious Ingredients. Cigarettes are inherently dangerous. Banzhaf v F.C.C., 132 US App DC 14, 29; 405 F2d 1082, 1097 (1968) cert den 396 US 842 (1969). The U.S. Department of Health and Human Services book, Reducing the Health Consequences of Smoking: 25 Years of Progress: a Report of the Surgeon General, Publication CDC 89-8411, Table 7, pages 86-87 (1989) lists examples of deleterious substances including but not limited to:

   acetaldehyde (1.4+ mg)	arsenic (500+ ng)	benzo(a)pyrene (.1+ ng)
   cadmium (1,300+ ng)	crotonaldehyde (.2+ µg)	chromium (1,000+ ng)
   ethylcarbamate 310+ ng)	formaldehyde (1.6+ µg)	hydrazine (14+ ng)
   nickel (2,000+ ng)	lead (8+ µg)	radioactive polonium (.2+ Pci).

   Judicial notice of cigarette deleteriousness is taken pursuant to an 1897 Tennessee law, in Austin v State, 101 Tenn 563; 566-7; 48 SW 305, 306; 70 Am St Rep 703 (1898) aff'd 179 US 343 (1900). The said Michigan law was passed soon thereafter, in 1909.

5. Cigarettes Emit Deleterious Emissions. Due to cigarettes' deleterious ingredients, they emit deleterious emissions. The U.S. Department of Health, Education and Welfare book, Smoking and Health: Report of the Advisory Committee to the Surgeon General of the Public Health Service, PHS Pub 1103, Table 4, p 60 (1964), lists examples of deleterious emissions including but not limited to:

   Cigarette	Emission	DOL 29 CFR § 1910.1000
   Chemical	Quantity	Bans Average Quantities Above
   acetaldehyde	3,200 ppm	200 ppm
   acrolein	150 ppm	0.5 ppm
   ammonia	300 ppm	150 ppm
   carbon monoxide	42,000 ppm	100 ppm
   formaldehyde	30 ppm	5 ppm
   hydrogen cyanide	1,600 ppm	10 ppm
   hydrogen sulfide	40 ppm	20 ppm
   methyl chloride	1,200 ppm	100 ppm
   nitrogen dioxide	250 ppm	5 ppm

6. Foreign Substance Coumarin In Cigarettes. In Mike Moore, Attorney General ex rel State of Mississippi v American Tobacco Co, et al, No 94-1429 (a parallel cigarette case), Jeffrey Wigand, Ph.D., ex-tobacco company scientist, admitted coumarin (rat poison) in tobacco. Tobacco company attorney Thomas Bezanson objected, not as untrue, but "on trade secret grounds." See Philip J. Hilts, Smoke Screen: The Truth Behind The Tobacco Industry Cover-Up (NY: Addison-Wesley Pub Co, 1996), pp 161-3. This was reported likewise in 1884:
   

   "[I]t is largely used as an adulterant of smoking tobacco . . . [for its intoxicating, addicting effect]. Hence . . . cigarette-smoking . . . is assuming the proportions of a great national evil." Laurence Johnson, M.D., A Manual of the Medical Botany of North America (NY:William Wood & Co, 1884), pp 170-1.

   The Tennessee law upheld in Austin v State, supra, was thereafter passed.

   "[It] has been used commercially for many years mainly in cigarettes . . . harvest of [it] is expanding . . . . The composition of one flavoring extract that includes [it] was patented in 1961. . . . About two million pounds of cured plants are harvested annually. . . . Because [it] is a perennial and the roots are not harvested, maintaining populations is not a problem. A decrease in plant populations has not been noted." Source: Krochmal, Trilisa odoratissima, 23 Econ Bot 185-6 (1969).

   "Leaves of [the plant] . . . are used in the tobacco industry, particularly in cigarette mixtures. . . . It appears that the . . . constituent most desired by the tobacco industry is coumarin." Source: Haskins, et al., Coumarin in Trilisa odoratissima, 26 Econ Bot 44-8 (1972).

   "Leaves used to flavor pipe and cigar tobacco and cigarettes . . . and as a moth repellant . . . may cause hemorrhage and liver damage." Source: James A. Duke, Handbook of Medicinal Herbs (Boca Raton, FL: CRC Press, 1985), p 491.

7. For explanation of the deleteriousness of specific cigarette ingredients, see

   1. Gosselin, Smith, Hodge, and Braddock, Clinical Toxicology of Commercial Products, 5th ed (BaltimWilkins, 1984). Page II-4 lists toxicity levels of 1-6 (1, "practically non-toxic"; 4, "very toxic"; 6, "super-toxic"). Nicotine, item 772, pages II-237 and III-311-4 is rated a 6; coumarin, page II-257, item 861, is a 4.
   2. Robert Dreisbach and William Robertson, Handbook of Poisoning: Prevention, Diagnosis and Treatment, 12th ed (Norwalk, CT: Appleton & Lange, 1983 and 1987). Pages 35 and 259-263 cover carbon monoxide poisoning; pages 130-2, tobacco and nicotine; pages 385-7, anticoagulants, e.g., coumarin and warfarin.
   3. Sondra Goodman, Director, Household Hazardous Waste Project, HHWP's Guide to Hazardous Products Around the Home, 2d ed (Springfield, MO: Southwest Mo St Univ Press, 1989). Page 99 covers poisoning by carbon monoxide, of which cigarettes emit 42,000 ppm, exceeding the 29 CFR § 1910.1000 average safe limit of 50 ppm.
   4. Jay Arena and Richard Drew, Poisoning, 5th ed (Springfield, IL: Charles C. Thomas Pub, 1986). Pages 216-217 cover nicotine; pp 308-312, carbon monoxide; p 999, which lists coumarin, says, ominously, "see Warfarin," p 1007)

8. Due to cigarettes' deleteriousness, "Over 37 million people (one of every six Americans alive today) will die from cigarette smoking years before they otherwise would," see the U.S. Department of Health, Education, and Welfare book, Research on Smoking Behavior, Research Monograph 17, DHEW Publication ADM 78-581, page v (Dec 1977). Such deaths are "natural and probable consequences," a term defined in Black's Law Dictionary, 6th ed (St. Paul: West Pub Co, 1990), page 1026. Deaths from cigarettes' deleteriousness occur so frequently as to be expected to happen again and again, hence meet the definition.
9. MCL § 750.27, MSA § 28.216, follows the principle that it is unlawful to provide people the means--e.g., a deleterious substance--to injure or kill themselves, even if death is slow, People v Carmichael, 5 Mich 10; 71 Am Dec 769 (1858); People v Stevenson, 416 Mich 383; 331 NW2d 143, 145-6 (1982); People v Kevorkian, 447 Mich 436, 494-6; 527 NW2d 714, 738-9 (1994).
10. Tobacco company intent and action when unrestrained is shown by this example of smoking--30% of 6 year old boys; 50% of "boys between 9 and 10"; 88% of boys over 11, reported by Dixon, On Tobacco, 17 Canadian Med Ass'n J 1531 (Dec 1927).
11. Cigarettes' toxic chemicals cause severe suffering. Due to cigarettes' deleteriousness, smoking is the No. 1 cause of premature death and suffering. So as a natural and probable consequence,
    

    "smokers have excesses of suicide: risks; thoughts; attempts; and deaths . . . Suicide [is] strongly . . . associated with smoking . . . independent of age, gender, exercise, cholesterol, race, low local income, diabetes, MI [myocardial infarction], etc. [variables]. Ex-smokers had lower suicide rates than current smokers. The pooled dose-response statistic [is] highly significant. . . . Suicide is prospndently, consistently, strongly, and highly significantly dose-response associated with smoking." Source: Leistikow, et al., Analysis of Association Between Smoking and Suicide, 15 J of Addictive Diseases 141 (1996).

    Cowell and Hirst, "Mortality Differences Between Smokers and Nonsmokers," 32 Transactions of the Society of Actuaries 185-261 (1980), Table 9, page 200, found a 9-1 smoker-nonsmoker suicide ratio, the same ratio as lung cancer.

12. Cigarettes' toxic chemicals lead to abulia, a "state of dethronement of reason from its governing power," Carmichael, 5 Mich 21, supra. See e.g., Johnston, Smoking Cure, 263 I\Lancet 480-482 (6 Sep 1952); Brown, Tobacco Addiction, 50 Tex St J Med 35-36 (Jan 1954); Am Psychiatric Ass'n, Diagnostic and Statistical Manual of Mental Disorders (1980) pp 159-160, 176-178, and (1987) pp 150-151, 181-182; Caprin v Harris, 511 F Supp 589, 590 n 3 (D ND NY, 1981); Comment, Tobacco Addiction, 81 Mich Law Rev 237-258 (Nov 1982); Ott, et al., Smoking, Dementia, and Alzheimer's Disease, 351 Lancet 1840-1843 (20 June 1998).
13. Cigarettes' toxic chemicals impair impulse and ethical controls, i.e., cause abulia (a.k.a. "addiction"). Cigarettes are the delivery agent for nicotine, the gateway (starter) drug on which children are first hooked (average age 12). Alcohol follows, average age 12.6; then marijuana, average age 14. See DHEW Research Monograph 17, supra, page vi;DuPont, "Teen Drug Use," 102 J of Pediatrics 1003-1007 (June 1983); Fleming, et al., "The Role of Cigarettes in The Initiation And Progression Of Early Substance Use," 14 Addictive Behaviors 261-272 (1989); and the U.S. Department of Health and Human Services Book, Preventing Tobacco Use Among Young People: A Report of the Surgeon General (1994). Page 10 supports law enforcement, saying, "Illegal sales of tobacco products are common."
14. Smokers suffer, then many self-medicate with alcohol. Drunk drivers are smokers, as police oft see. "Smoking prevalence among active alcoholics approaches 90%." See Hayes, et al., "Alcoholism and Nicotine Dependence Treatment," 15 J of Addictive Diseases 135 (1996). So it leads, in turn, to promiscuity, pregnancy, and abortion. See the Surgeon General Report (1994), supra.; and DiFranza, et al., "Effect of Maternal Cigarette Smoking," 40 J Family Practice 385-394 (April 1995).
15. Once the abulic process of impairing ethical and impulse controls occurs, tobacco's 90% role in crime results. Most crime is committed by smokers, just as most lung cancer, suicide, etc., not to say that all smokers get/do such. The tobacco-crime link has been cited many times by prison officials and judges since the Auburn Report (1854).

    "Nowhere is the practice of smoking more imbedded than in the nation's prisons and jails, where the proportion of smokers to non-smokers is many times higher than that of society in general." Doughty v Board, 731 F Supp 423, 424 (D Col, 1989).

    "Nationwide, the [ratio] of smokers [to non-smokers] in prisons is 90 percent." McKinney v Anderson, 924 F2d 1500, 1507 n 21 (CA 9, 1991).

16. Tobacco depresses the immune system, causes abulia, and leads to post-gateway-drug drug abuse, so is a triple risk factor for AIDS. See the American Psychiatric Ass'n book, Diagnostic and Statistical Manual of Mental Disorders (DSM-III), 1980-present; Newell, et al., Risk Factors, 14 Preventive Med 81-91 (1985); Schechter, et al., Vancouver AIDS Study, 133 Canadian Med Ass'n J 286-292 (1985); Halsey, et al., AIDS & Smoking in Haitian Women, 267 J Am Med Ass'n 2062-2066 (1992); and Watstein, The AIDS Dictionary (NY: Facts on File, Inc, 1998), p 253. .
17. Examples of cigarettes' toxic chemicals leading to abulia include fire-setting and rebelliousness, Haller v City of Lansing, 195 Mich 753; 162 NW 335 (1917); Tanton v McKenney, 226 Mich 245; 197 NW 510 (1924); Jacobs v St MH Dep't, 88 Mich App 503; 276 NW2d 627 (1979); and Stevens v Inland Waters, Inc, 220 Mich App 212; 559 NW2d 61 (1996).
18. By 1909, when MCL 750.27, MSA 28.216, was passed, the "deleteriousness" herein cited had been repeatedly judicially recognized. It is deleterious due to the fire hazard, Com v Thompson, 53 Mass 231 (1847). It delivers a drug, Carver v State, 69 Ind 61; 35 Am Rep 205 (1879), Mueller v State, 76 Ind 310; 40 Am Rep 245 (1881), and State v Ohmer, 34 Mo App 115 (1889). It is deleterious to nonsmokers, State v Heidenhain, 42 La Ann 483; 7 So 621; 21 Am St Rep 388 (1890). It is deleterious to smokers themselves, Austin v State, 101 Tenn 563; 48 SW 305, supra.
19. The record shows that all cigarettes are both deleterious and adulterated. The warning label itself establishes the deleteriousness. Grusendorf v City of Oklahoma City, 816 F2d 539, 543 (CA 10, 1987). In view of such facts and above-cited effects, the court can easily see Michigan banned such a severely deleterious product, the No. 1 cause of suffering and death. Cigarettes with deleterious ingredients are illegal. Cigarettes are not to be here--no manufacture, no sale, no giveaway. Contraband is any property which is unlawful to produce." Source: Black's Law Dictionary, supra, p 322. Cigarettes are contraband. There is no right to use contraband. Bringing cigarettes into Michigan is "smuggling."

    "Smuggling has well-understood meaning . . . signifying bringing . . . goods . . . importation . . . whereof is prohibited. Williamson v U.S., 310 F2d 192, 195 [CA 9, 1962]; 18 USC § 545-6.'" Black's Law Dict, supra, p 1389.

20. Michigan took the lead in 1909. It followed the nineteenth century concept of criminalizing fraudulent sales, snake-oil sales, etc., not the buying. The concept was that criminalizing buying makes too many criminals, promotes disrespect for law, and punishes the victim of the fraudulent sale. This is especially true for children, below the age of maturity and consent to even make contract decisions. We criminalize leaving one's refrigerator outside with the lock on (MCL § 750.493d; MSA § 28.761(4)), not the unsuspecting children who fall prey to it. By banning the gateway drug, not a post-gateway drug such as alcohol, MCL § 750.27; MSA § 28.216, avoids the error of Prohibition, and puts personal responsibility on those with most knowledge of the contraband substance (manufacturers and sellers), not on unwary consumers, often children. Michigan's well-reasoned law is an example for the nation.
21. The gravamen of the law, and its essential effect, was and is to make Michigan a cigarette smoke-free state. However, violations are rampant. "Cease and desist" action is a normal action the Attorney General does in other cases, e.g., vacation scams, car leasing misrepresentations, etc. This cigarette case is precisely the type of case, life and death, where such an order is most needed. Money can compensate for the damage in vacation scam and car leasing misconduct cases; but it cannot compensate for tobacco-smoke caused irreparable harm such as death. Shimp v New Jersey Bell Telephone Co, 145 N J Super 516; 368 A2d 408 (1976); Com v Hughes, 468 Pa 502; 364 A2d 306 (1976); and Smith v Western Electric Co, 643 SW2d 10, 13 (Mo App, 1982) (a case for an injunction with respect to second-hand smoke). As second-hand smokers are entitled to "cease and desist" order aid, first hand smokers of all people, surely are!! and indeed, all Michigan residents endangered by this deleterious and adulterated product.

WHEREFORE, to protect abulic smokers, children, and nonsmokers , to enforce MCL § 750.27, MSA § 28.216, and halt the rampant violations, please enter an Order directing Defendants herein to obey same, specifically, to cease and desist manufacture, give away, and sale of said cigarettes.

Copy to:
Jennifer Granholm, Attorney General, P. O. Box 30212, Lansing MI 48909

Michigan has an excellent cigarette control law as you can see. Please help us get the law enforced.

To do that, please download this Petition. Add your signature, name, address, and telehpone number. Next, as the case is in process, most urgently, please fax the completed Petition to the judge in Michigan, U.S.A., at 1-517-483-6507. (Outside the U.S.A., you should first add the country code for the U.S.A.) (Faxing is needed, as the judge may not have e-mail).

You can also fax the completed Petition to the Attorney General, Jennifer Granholm , at 1-517-373-3042. Or e-mail it to her at granholmj@ag.state.mi.us. Or to one of her Assistants, Craig Atchinson at AtchinsonC@ag.state.mi.us or to Stewart Freeman, at freemans@ag.state.mi.us.

And, please send the Petition to Michigan Governor John Engler, migov@mail.state.mi.us, or mail it to: