HOW TO COUNTER A RACKETEER: The Latest Tactics of Tobacco Companies & How Young Adults Can Help Fight Them Three Major Points • The Problem & the Cause • The Solution • What You Can Do About It Danny McGoldrick VP, Research Campaign for Tobacco-Free Kids Denver, CO March 22, 2007 Tobacco’s Toll in U.S. • Tobacco is the leading preventable cause of death, killing more than 400,000 each year Tobacco’s Toll in U.S. • 4,000 kids try their first cigarette every day • Tobacco kills more people than from AIDS, alcohol, car accidents, murders, suicides, and fires combined • Another 1,000 kids become regular daily smokers every day; one-third will die from smoking-related diseases • Tobacco results in $96.7 billion in annual health care costs • 23% of high school students smoke, according to CDC • Nearly 90% of lung cancer cases, 1/3 of total cancer deaths, and 1 in 5 deaths from heart disease are tobacco related • 28.4% used some tobacco product in the last month The Mission of Tobacco Control Mission: Reduce Tobacco Use & Its Toll on Health by: – – – – Preventing youth from starting to smoke, dip, chew Helping tobacco users quit Protecting everyone from secondhand smoke Reducing harm, if possible, to those who are unable to quit A Pitched Battle • The forces of tobacco control and public health whose bottom line is fewer users, less illness, less death VS • The forces of tobacco companies whose bottom line is more users, more sales, more profits – regardless of the impact on public health 1 THE DARK SIDE Still Marketing to Kids & Targeting Young Adults Still Lying About Their Products and Introducing New Ones Still Opposing Real Policy Change Still Attacking Real Prevention Programs and Promoting Phony Ones Dom estic Cig arette Ad vertising and Prom otional Exp end itures 1 9 9 8 - 2 0 0 3 (thousands of dollars) $15.15 Billion $6.73 Billion $8.24 Billion $9.59 Billion $11.22 Billion $12.47 Billion Includes $10.8 Bill. in price discounts Source: Federal Trade Commission Cigarette Report for 2003 The Tools of Tobacco Companies The 4 P’s of Marketing • Price • Placement • Promotion • Product Impact of Price Discounts • From 1997 to 2002, the average retail pack price of cigarettes increased by nearly 91 percent, and youth smoking rates declined by 26.8 percent among twelfth graders and 44.8 percent among eighth graders. • From 2002 to 2004, the avg retail pack price barely increased at all (only two cents, or .5 percent) despite a 28 percent increase in state cigarette taxes, and youth smoking declines slowed markedly - the decline was only 6.4 percent among twelfth graders and 14 percent among eighth graders. 2 Price Discounting & Minorities • Cigarette prices for premium brands like Marlboro and Newport are LOWER in low-income communities and in communities with higher percentages of AfricanAmericans. While some of this is clearly attributable to differences in state tobacco taxes, these differences do not explain all of the variation. Point of Sale Marketing • Three-fourths of teenagers visit convenience stores weekly • Point of purchase promotions have increased in recent years. Virtually all retail outlets have some form of tobacco promotions, and the amount of marketing materials per store has increased over time. • There is more interior and exterior tobacco advertising in retail outlets in low-income communities and communities with larger African-American populations. Washington DC, April 2006 • Tobacco advertising inside and outside retail outlets is greater in states with comprehensive tobacco prevention programs. This suggests efforts by the industry to counter the effectiveness of these programs. TARGETING YOUNG ADULTS “Industry research indicates that progression to confirmed smoker is accompanied by increases in consumption “The 10 years following the teenage years is the period during which average daily consumption per smoker increases to the adult level.” March 31, 1981, Philip Morris Bates No. 1000390803. 3 Current Smoking Among Young Adults: Current Cigarette Smoking By Age Group Full-time College vs. Non-College, MTF 1991-2005 National Health Interview Survey 28.6% 24.4% 35.4% 24.1% 22.9% 23.8% 23.2% Data are not available for 1996. Young Adult (18-24) Smoking Prevalence By Race/Ethnicity TARGETING YOUNG ADULTS 2000-2003 National Health Interview Survey 28.2% 15.8% • Special Products • Bar Promotions – 4900 events scheduled in California alone in ONE MONTH • Building Databases for Direct Marketing • Concerts/Contests • On-Campus Events Data for Asians and American Indians were unreliable. 4 GQ, August and April 2006; Sports Illustrated, February 17, 2006. Courtesy of trinketsandtrash.org Rolling Stone, May 18-June 1, 2006. Courtesy of trinketsandtrash.org 5 Latina April 2005 Rolling Stone, October 20, 2005. Courtesy of trinketsandtrash.org The newest InStyle, Cosmopolitan, Elle, Marie Claire, Vogue, January 2007; Lucky, February 2007. 6 The Product is Critical • Manipulated from its rawest form through the entire manufacturing process all the way to the packaging • Way more than tobacco leaves rolled in paper, put in pouches, etc. • Highly engineered and finely tuned Nicotine Delivery Devices • Every aspect thoroughly researched and controlled by the tobacco companies, with no government oversight or even disclosure • Products designed to appeal to targets, sustain addiction, assuage health concerns, create an image • Design decisions ultimately and exclusively based on tobacco company bottom line International Communications Research (ICR) Nationwide survey of teens aged 12-17; Nationwide survey of adults March 2007 Compounds released from filter pellet of Camel Twist α-linalool p-menth-1-en-8-ol Dodecane Decanal α-citronellol citral 1-Decanol p-Mentha-1(7),8(10)-dien-9-ol Tridecane Undecanal α-Cubebene Limonenediol diacetin Copaene β-elemen Tetradecanal Dodecanoic acid, 1-methylethyl ester Heptadecane Nonadecane Heptadecane, 2,3-dimethyl- Tetradecane Caryophyllene Dodecanal β-Cubebene ç-Elemene α-Caryophyllene γ-Muurolene Valencene α-Candinene Pentadecane β-Candinene Hedycaryol Caryophyllene oxide Hexadecane 1,4-Methanobenzocyclodecene, 1,2,3,4,4a,5,8,9,12,12a-decahydroOctadecane 3,7,11,15-Tetramethyl-2-hexadecen-1-ol Eicosane *Based on high MS response of peak in chromatogram 7 Tin of Cherry Skoal (2007) Percentage of Young Smokers* Who Tried Any Camel, Kool, or Salem Flavored Cigarettes During the Previous 30 Days, by Age – United States, 2004 A former UST sales representative revealed that, “Cherry Skoal is for somebody who likes the taste of candy, if you know what I’m saying.” “Juiced Up: How a Tobacco Giant Doctors Snuff Brands to Boost Their ‘Kick,’” The Wall Street Journal, 26 October 1994. Source: National Youth Smoking Cessation 12-Month Follow-up Survey * Ages 16-25 years old; n = 1,603 Tobacco Delivered Nicotine – a Chemical Cocktail • Acetaldehyde and MOAIs: synergistic addictive effects • Ammonia and urea: increase speed and efficiency of nicotine absorption • Leuvenalic acid, chocolate and menthol: may increase ease of inhalation and deep lung absorption • Menthol: may also provide a cue for Pavlovian conditioning • Physical engineering by particle physicists results in more rapid and efficient absorption of nicotine and toxins • Glycerin: can form particles to enable deep lung exposure • Physical designs to beat FTC/ISO tests lead to exposure to higher than expected doses • Ventilation holes may increase free nicotine fraction “For Decades, Defendants Have Recognized that Controlling Nicotine Delivery, in Order to Create and Sustain Smokers’ Addiction, Was Necessary to Ensure Commercial Success” “Defendants Researched, Developed, and Utilized Various Designs and Methods of Nicotine Control to Ensure that All Cigarettes Delivered Doses of Nicotine Adequate to Create and Sustain Addiction” RJR document Identified the Specific Characteristics to Be Used in Developing "New Brands Tailored to the Youth Market." ∗ Nicotine level of 1.0- 1.3 mg/cigarette; ∗ Nicotine absorption minimized “by holding pH down” Excerpts from U.S. v. Philip Morris USA, Inc., et al., (Final Opinion) (August 17, 2006) ∗ Tar content of 12-14 mg/cigarette to achieve desired taste and "visible" smoke * Bland smoke to address “low tolerance for smoke irritation” of “beginning smoker[s] and inhaler[s]” * Suggests 100 mm "to facilitate lighting” * “Reasonably firm" rod 8 “Lighter” cigs usually are more ventilated and more readily enable compensatory smoking UST’s “Graduation Strategy” based on pH and nicotine control COPENHAGEN SKOAL SKOAL LONG CUT LONG CUT WINTERGREEN MINT HAPPY DAYS MINT LONG CUT SKOAL BANDITS WINTERGREEN SKOAL BANDITS MINT SKOAL/KEY NATURAL SKOAL LONG CUT MINT HAPPY DAYS SWEET LONG CUT SKOAL BANDITS SWEET SKOAL LONG CUT NATURAL HAPPY DAYS NATURAL LONG CUT SKOAL BANDITS NATURAL Maintenance Products High pH GRADUATION PROCESS GRADUATION PROCESS SKOAL WINTERGREEN Source: Marsee vs. UST. UST Document No. 12017104. Court Exhibit No. 100. Particle Size: Determinant of Tar & Nicotine Lung Penetration Too Large .5 - 2 microns Too Small Starter Products Low pH Philip Morris (1950s) Paraphrase: Insofar as particle size is a determinant of lung absorption of smoke, we should explore this as a way to reduce lung cancer risk History shows they did the opposite – to increase efficiency of nicotine absorption as the priority concern over potentially increased lung cancer NATIONAL CANCER INSTITUTE REVEALS THE LOW-TAR LIE • Study found “light” and “low-tar” cigarettes no less harmful than other brands • Tobacco industry deliberately marketed low-tar cigarettes to prevent smokers from quitting • “In effect, the Marlboro 85 smokers in this study did not achieve any reduction in smoke intake by smoking a cigarette (Marlboro Light) normally considered lower in delivery.” (Philip Morris --1975) 9 The Tools of Tobacco Control • Tobacco Taxes “[It] will not kill them as quick or as much as other brands,” Bennett LeBow, CEO, Vector, Manufacturer of new Omni cigarettes. -- USA Today 1/11/02 • Smoke-free Laws • Comprehensive Prevention & Cessation Programs • Coverage for Smoking Cessation Services • Media Advocacy • Restraints on the Tobacco Companies TO BRING ABOUT • Social & Environmental Change Recent Cigarette Tax Increases CIGARETTE PRICES AND YOUNG PEOPLE WASHINGTON 202.5 OREGON YOUTH 118 A 10% Increase in Price Reduces Smoking Prevalence Among Youth by nearly 7% 170 NORTH DAKOTA 44 57 80 69.5 COLORADO 84 CALIFORNIA ARIZONA 200 A 10% Increase in Price Reduces Conditional Demand Among Young Adults by another 5% 103 91 TEXAS HAWAII 141 160 A 10% Increase in Price Reduces Smoking Prevalence Among Young Adults by about 5% 17 98 IN 125 55.5 20 59 36 MARYLAND:100 VIRGINIA DC:100 NORTH CAROLINA TENNESSEE ARKANSAS MA:151 RI:246 CT:151 DELAWARE:55 30 55 30 NJ:258 135 WV KENTUCKY NH: 80 MA CT PENNSYLVANIA OHIO ILLINOIS MISSOURI 79 NEW MEXICO ALASKA 180 200 KANSAS OKLAHOMA 150 MICHIGAN 136 64 UTAH 87 NEW YORK 77 153 NEBRASKA 200 VT WISCONSIN IOWA NEVADA Higher cigarette prices are associated with substantially reducing adolescents’ probability of becoming daily, addicted smokers, helping prevent moving from lower to higher stages of smoking. YOUNG ADULTS (College Students) 149.3 60 MAINE VT:179 MINNESOTA SOUTH DAKOTA WYOMING A 10% Increase in Price Reduces Conditional Demand Among Youth by over 6% • 10% price increase reduces probability of any initiation by about 3%, but reduces probability of daily smoking by nearly 9% and reduces probability of heavy daily smoking by over 10% MONTANA IDAHO 35 SOUTH CAROLINA 7 MS ALABAMA GEORGIA 18 42.5 37 LOUISIANA FLORIDA States that have not passed tax increases since before 2001 33.9 States that have recently passed or implemented a cigarette tax increase (since 1/1/2002) AZ’s tax rate is effective 5/1/07. Upcoming increases: AK increase to 200 cents per pack on 7/1/07; HI’s increase to 180 cents per pack on 9/30/07; VT increase to 199 cents per pack on 7/1/07. March 2007 Smoke-Free Laws Effects of Smoke-free Laws • Protect everyone from secondhand smoke • Prompt more smokers to try to quit • Increase the number of successful quit attempts • Reduce the number of cigarettes that smokers consume • Discourage kids from starting • Do NOT hurt business Restaurants & Bars Restaurants * Arizona law effective 5/1/07; New Mexico law effective 6/15/07 * The Montana and Utah laws extend to bars in 2009. March 2007 10 Funding for Tobacco Prevention & Cessation Policy & College Students • Price affects both prevalence and level of smoking • Community and State Smoke-Free Laws impact level of smoking • Campus Smoke-Free Policies (if comprehensive) affect level of smoking -- but community needs to be smoke-free also States that have funded tobacco prevention programs at a level that meets the CDC’s minimum recommendation. States that have committed minimal amounts for tobacco prevention programs (less than 25% of CDC minimum). States that have committed substantial funding for tobacco prevention programs (more than 50% of CDC minimum). States that have committed no tobacco settlement or tobacco tax money for tobacco prevention programs. States that have committed modest amounts for tobacco prevention programs (25% - 50% of CDC minimum). FY 2007 Tobacco Money for Tobacco Prevention December 5, 2006 Adult Smoking Trends 1992 - 2004* $ 21.7 Billion $7.0 Billion Adult Smoking Rate Tobacco Settlement Revenues $14.7 Billion Tobacco Tax Revenues $1.6 Billion N/A $597.5 Million Year * Data are from the National Health Interview Survey Youth Smoking Trends 1991 - 2005* Momentum Continues in 2007 Watershed Year for State Tobacco Control Efforts 34.8% 36.4% Youth Smoking Rate 27.5% 30.5% 34.8% 28.5% 21.9% 19% decline 34% decline 37% decline Year * Data are from the Youth Risk Behavior Surveillance Survey (1991-2005) 23.0% • Tax proposals in MD, ME, IN, WI, OR, TN, SC, MS & others • Smoke-free Efforts in NM,NH,PA,MD, VA, TX, TN, OR, WI, MN,AL,NE,IL and localities • Funding Initiatives in OH, WI, IN, OR, KS, NM, VT, NE via variety of sources 11 Key Components of FDA Regulation The Need for FDA Regulation • States can impact price through tax increases, minimum pricing laws, etc. and can affect placement through regulation of the sale and distribution of tobacco products, BUT • The product that kills the most is regulated the least. Food, cosmetics, drugs, and even dog food are regulated, but not tobacco • Tobacco companies are free to manipulate the product at will without regard to health and without disclosing changes • Health claims are virtually unregulated as evidenced by recent spate of “reduced risk” products • States are currently preempted by FCLA from regulating the time, place, and manner of tobacco advertising, so they cannot act • States have the authority to regulate the tobacco product, but few if any have the resources or scientific capabilities it would take to oversee regulation of tobacco products • Regulating the marketing of tobacco products • Regulating the product itself • Using a “Public Health” standard, which takes into account not just the impact on the individual smoker but on encouraging initiation and discouraging cessation Marketing Restrictions Product Regulation Requires that the FDA’s 1996 Rule take effect within one year of enactment but also gives FDA flexible authority to regulate marketing. • No outdoor tobacco advertising within 1,000 feet of schools and playgrounds • No tobacco brand sponsorships of sports and entertainment events • No free giveaways of any non-tobacco items with the purchase of a tobacco product or in exchange for coupons or proof of purchase • No free samples and the sale of cigarettes in packages that contain fewer than 20 cigarettes • Limits any outdoor and all point-of-sale tobacco advertising to black-andwhite text only • Limit advertising in publications with significant teen readership to black-andwhite text only • Restrict vending machines and self-service displays to adult-only facilities • Require retailers to verify age for over-the-counter sales and provide for federal enforcement and penalties against retailers who sell to minors. Get INVOLVED !!!! • Public Health Standard • FDA can command changes in existing products to reduce harm • No new products can be made without pre-market approval; must show no harm to public health • Modified risk products must show positive impact on “public health” • Claims cannot lead to increased initiation or decreased cessation that outweighs any reduced risk to individual • Agency regulates claims On Campus • On Your Campus • Tobacco-Free Campuses • With National Groups • Divestment Campaigns • In Your Community/State • Stop Tobacco Funding of Research or other College Functions • As a CTFK E-Champion • In Political Campaigns • Smoking Cessation Services • Peer to Peer Education 12 Community/State Coalitions With National Groups • Contact state/local tobacco control coalition (TFK can help locate) • Identify Issues • Work on local/state policy campaigns • Get Information – Tobacco taxes – Smoke-free workplace laws – Funding for tobacco prevention/cessation programs • Get Event/Organizing Ideas • www.ignitegeneration.org • Work with state/local tobacco prevention & cessation program 13 Senate rejects smoking ban, 12-11 Supporters vow to make it election issue By ERIC MOSKOWITZ – April 7, 2006 If You Can’t Change the Policy Makers’ Minds Change the Policy Makers The Senate defeated a smoking ban for restaurants and bars by one vote yesterday. The ban passed in the House last month and had support from the governor, but Senate Republicans rejected the idea, calling it anathema to the state's "Live Free or Die" motto and tradition of limited government. Twelve Republicans voted against the ban, while three joined the Senate's eight Democrats in supporting it. Backers of the smoking ban called it a matter of public health, not partisan politics, and said the ban would protect restaurant and bar workers and patrons from secondhand smoke. . . After the ban failed, supporters pledged immediately to make it a campaign issue next fall. "When the people will lead, the leaders will follow," said Lori Fresina, of the Campaign for Tobacco-Free Kids. "The leaders didn't follow today, but I think they severely underestimated the will of the voters in this state." State Democratic Party Chairwoman Kathy Sullivan called the vote a Republican move to put ideology above public safety. "Frankly, I think voters will hold their senators accountable for this vote in November, and we will see enough seats change in the fall elections that it will pass smoothly next session," Sullivan said in a statement. Senate Majority Leader Bob Clegg all but dared the Democrats to campaign on the issue. "Geez, I hope so," he said. "I hope people realize that there is a group (of senators) who think the people out there are too stupid to make choices for themselves. The Democrats, inch by inch, want to take away every right that people have." . . . Where there's smoke . . . By ERIC MOSKOWITZ - September 3. 2006 Last session, the House passed a smoking ban for restaurants and bars by 33 votes, citing the hazards of secondhand smoke, wide public support for the ban and the presence of similar bans in neighboring states. But the Senate defeated the bill by one vote, calling it an infringement on the state's "Live Free or Die" tradition. Ban supporters warned at the time that voters would remember in November. Senate Majority Leader Bob Clegg responded by daring them to make it an issue. That way, he said, voters could see that "Democrats, inch by inch, want to take away every right that people have." Campaign season is here, and ban supporters are living up to their word. The Tobacco-Free Kids Action Fund in Washington has launched a direct-mail campaign targeting Boyce, a Republican who faces a Senate primary in his Lakes Region district against Rep. Jim Fitzgerald, a Laconia Republican who voted for the ban. The action fund's first brochure contains a doctored "Live Free and Die" highway sign. The second brochure shows smoke wafting over a mother and small child in a café. Both say "Robert Boyce stands in the way of a healthier New Hampshire." Both encourage people to vote no for Boyce and yes for "a healthier New Hampshire." The action fund is not affiliated with any candidate. Spokeswoman Jen Friedman said the group is still considering its options about which Senate candidates to target for the general election. Gatsas said he's not afraid of the attention. He expects to be back in the Legislature to vote against a smoking ban for the foreseeable future. Gatsas insisted that the free market should determine whether businesses go smoke-free, not the Legislature. Main Street provides all the evidence he needs, he said, counting Margarita's, the Barley House and even the Gaslighter as newly or soon-to-be smoke-free establishments. "When the Gaslighter has gone smoke-free, you know that businesses are making the right decisions," he said. 14 Fitzgerald unseats Boyce By ERIC MOSKOWITZ - September 13. 2006 Former Laconia High School football coach Jim Fitzgerald unseated Sen. Robert Boyce in a Republican primary yesterday, earning nearly twice as many votes as the incumbent from Alton. Boyce, who compiled the most conservative voting record in Concord during two terms in the House and three in the Senate, attributed the loss to the vote he cast last session against a smoking ban in restaurants and bars. A Washington-based anti-smoking group launched a massive mail-and-telephone campaign that targeted Boyce for standing "in the way of a healthier New Hampshire." The Tobacco-Free Kids Action Fund urged Lakes Region voters to pick Fitzgerald, a two-term state representative who voted to support the smoking ban in the House last spring. In the general election, Fitzgerald will face Democrat Kathy Sgambati of Tilton, who was not challenged in a primary. . . Over three terms, Boyce was the Senate's resident contrarian. . . . But Boyce's most significant vote wasn't one he cast as a lone dissenter. Instead, it was his participation with the Senate Republican majority to kill the smoking ban, which died in the Senate by one vote after passing the House. "What I was thinking about (then) is what I thought about on every vote I made: Was it right for the people of the state?" Boyce said. He felt lawmakers should leave the smoking/non-smoking debate to the free market: "If you don't want to work in a place that is a smoking establishment, you don't have to, you can work somewhere else. If you don't want to eat some place that's smoking, then don't. Vote with your feet," he said. Boyce said last night that he thought the anti-tobacco group that targeted him had violated state law by failing to register as a political action committee with the secretary of state. "Of course, nobody in the attorney general's office cares enough about that to pursue that," he said. "But that sounds like sour grapes, so I don't want to say any more about that." Mission Accomplished: Healthy New Hampshire- 3 Big Tobacco- 0 The Tobacco-Free Kids Action Fund was successful in unseating three incumbent state senators who were roadblocks to a statewide smoke-free law. “Despite his opposition, Letourneau said he ‘can almost guarantee’ the ban will pass in the next few months.” “‘I think it will be because they’ve got the people elected that they wanted elected, and now they’ve got the votes to see this through,’ he said.” “Smoking ban passes in Senate” “After the Senate rejected the ban last year, the Tobacco-Free Kids Action Fund set out to educate voters on which candidates supported the bill. William Corr, the group’s executive director, took yesterday’s vote as evidence that the mailings and phone calls were effective.” “‘Today’s vote shows that New Hampshire’s leaders are heeding the loud and clear message voters delivered at the ballot box last year when they replaced three state senators who had opposed the smoke-free law with three supportive senators,’ Corr said in a statement.” State Senator Robert Letourneau, staunch opponent of smoke-free laws - Eagle-Tribune , 1/ 7/ 2007 - Concord Monitor, 2/ 23/ 2007 Danny McGoldrick Vice President, Research Campaign for Tobacco-Free Kids (202) 296-5469 [email protected] www.tobaccofreekids.org 15
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