Tobacco Documents Online

Provides minutes of seventh meeting of the Board of Directors of the Tobacco Institute. Discusses: election of officers; current and planned activities; formation of Public Relations Committee; 350th anniversary of commercial tobacco production; community relations; publication and distribution of "Tobacco and Americans" book; dissemination issues regarding "Scientific Perspectives" (draft document by Executive Committee, Hill and Knowlton, and TIRC Legal Committee); and budgets for various committees.

Presents minutes of 20th meeting of Tobacco Institute (TI) Executive Committee, dealing principally with impending release of Surgeon General's Advisory Committee on Smoking and Health, potential for resultant "precipitous action relating to tobacco", and how to organize "unified industry position". Anticipates Federal Trade Commission (FTC) "taking a most active interest in questions relating to smoking and health, particularly as they might relate to advertising". Describes interactions and roles of various industry committees.

Provides minutes of 49th meeting of Tobacco Institute (TI) Executive Committee. Notes summary of "Congressional and Agency legislative and regulatory activities". Indicates retention of "Dale Systems", also used by Federal Trade Commission, for tar and nicotine testing of sample cigarettes. Remarks "main thrust of current legislative efforts in the states relates to the question of personal discomfort of non-smokers." Mentions summary of actions taken by National Cancer Advisory Board. Notes Szent-Giorgyi proposal to industry was tabled and additional information is needed on UCLA proposal for "cancer detection and cure program" before commitments could be made. Authorizes analysis of "[TI] and the Tobacco Tax Council in the area of state activities".

Presents minutes of 50th meeting of Tobacco Institute (TI) Executive Committee. Reports some unspecified state legislatures "are considering anti-tobacco measures". Refers to unnamed developments of Consumer Product Safety Commission. Discusses "non-smoker leaflet", "short film about the tobacco industry and its economics", and TI film "The Need To Know". Notes visit to Washington University regarding "various possible research projects". Relates trip to Soviet Union with growers and Department of Agriculture officials. Describes production of "uniform Spanish translation to be used for the warning statement in U.S. Spanish language cigarette advertisements". Documents development of TI policy on international matters and communication of activities within industry.

Presents minutes of 61st meeting of Tobacco Institute (TI) Executive Committee. Mentions analysis and paper being prepared in response to "1975 HEW [Health, Education and Welfare]-sponsored survey on 'Adult Use of Tobacco' and work of "Public Smoking Study Committee". Monitors state and federal anti-smoking activities and "legislation discriminating against tobacco", including federal bills duplicating "aims of the American Cancer Society 'Target 5' program" and a film prepared by Tobacco Network on topic. Documents development of "a long-range program" for TI and interactions with NATD on anti-smoking and tax questions.

Outlines arguments against test of "Responsible Living Program" posing legal, administrative, survey research, and advertising/marketing points against test design and implementation. Notes preferences of National Association of State Boards of Education, Tobacco Institute staff, Public Relations Counsel, and Communications Committee. Remarks "this program's objective is to influence certain members of Congress" (includes editing in marginalia).

Presents, in outline form, chronology of initiatives against public smoking. Includes extensive background on legislative and regulatory action at the federal, state, and local level; research studies; actions of voluntary health agencies; expenditures; timeline of public survey results regarding issue; and industry response to specific events. Sets stage for next meeting presenters from Tobacco Institute (TI) state activities, federal relations division, and public relations "to describe what [TI] is doing about it."

Overview public relations activities "on the four major issues - taxes, environmental smoke, fire prevention and advertising defense". Adds description of activities on "general coalitions [and] media relations". Covers multitude of public relations issues facing industry and ongoing or planned responses.

Transmits draft of "industry's new programs designed to reaffirm its commitment that young people should not use cigarettes" including promotional activities and announcement timetable. Notes new booklet, "currently under review by counsel", is part of "the expanded 'Responsible Living' program" and will be promoted like earlier 'Helping Youth Decide' and 'Helping Youth Say No' materials" (attachments missing).

Reviews possible changes to Council for Tobacco Research (CTR) to enhance appearance of "the true independence and objectivity of [its] scientific research effort" for jurors and public. Covers: (1) possible name change to reflect "the basic biological research which CTR is sponsoring and has been sponsoring for some time"; (2) inclusion of industry scientists and non-industry affiliated members on Board of Directors; CTR leadership; and (3) public relations to communicate CTR's accomplishments. Attaches "a brief portion of a possible plaintiff's opening statement dealing with the CTR issues discussed in this letter (attachment missing; see Bates 15300).

Contains the transcript of prosecutors' presentation to jury regarding history of Council for Tobacco Research (CTR), its purpose for the industry, and its independence. Instructs the jury to judge the credibility of CTR Board members if they testify.

Lists, defines, and amends industry "Code of Sampling Practices" with respect to marketing and sampling regarding youth, including headings: "1. Cigarette product sampling; 2. Premiums; 3. Billboards; [and] 4. Paid movie placements" (Attorney's Work Product - Privileged and Confidential; (identical to Bates 17738).

Lists, defines, and amends industry "Code of Sampling Practices" with respect to marketing and sampling regarding youth, including headings: "1. Cigarette product sampling; 2. Premiums; 3. Billboards; [and] 4. Paid movie placements" (Attorney's Work Product - Privileged and Confidential; identical to Bates 16912).

Reports ratification of Communications Committee Report by Tobacco Industry Executive Committee (TIEC) and discusses plans in three subjects headings: "I. Taxation; II. Smoking in the Workplace and Environmental Smoke; [and] III. Youth Program". Notes section I. entails "'battle plan' similar to the National Tobacco Education Council book and the various individual state taxation plans" and assigns responsibility for federal and state components of report. Notes section II. should contain credible case history research on decisionmaking processes in organizations and assess whether industry "should be willing to compromise or accommodate". Notes section III. should follow approach of "Responsible Living" document. Concludes final drafts require approval of counsel before submission to TIEC.

Describes unforeseen industry complications in responding to Federal Trade Commission (FTC) release of "first CO [carbon monoxide] 'scorecard'" and chronicles multiple communication breakdowns. Notes despite advance preparation/clearance of TI statement cautioning "health implications of CO have not been established", discrepancies between FTC and industry CO data and FTC's "call for including CO yield data in cigarette advertising" caught industry and TI off-guard. Concludes "our staff still lacks the mechanism necessary for immediate response action."

Critiques Multiple Risk Factor Intervention Trial (MRFIT) "designed to test the hypothesis that reductions in cigarette smoking, high blood pressure and elevated serum cholesterol reduce the risk of dying from coronary heart disease". Examines study design and quotes other researchers regarding study shortcomings. Observes "results do not support the hypothesis that...cigarette smoking [is] causally related to coronary heart disease mortality". Includes references.

Describes "forecast on 'Face the Nation' by Dr. Davis concerning the thrust of the forthcoming Surgeon General's Report" and transmits Counsel-cleared response to media inquiries. Notes report publicity has created new strategy - "to develop our theme of concern about the implications for the illicit drug program". Mentions Counsel will assist in identifying "a suitable scientific spokesman" for industry response (attachment missing).

Transmits information from news conference by "Coalition on Smoking or Health" on two petitions filed with Food and Drug Administration (FDA): "one to have RJR's [R.J. Reynolds] announced new cigarette regarded as a drug for regulatory purposes, and the other to treat current low-yield cigarette brands the same way." States official Tobacco Institute response "after consultation with counsel...that there is a seeming inconsistency in the Coalition position given the historic affirmations by both Congress and FDA that cigarettes are outside the agency's statutory authority" (attachments missing).

Presents draft testimony opposing: (1) H.R. 4793 requiring a new Surgeon General's warning to appear in advertising and on cigarette packages and (2) H.R. 3294 authorizing Food and Drug Administration (FDA) to regulate cigarettes. Addresses implications of 20th Surgeon General's Report entitled "The Health Consequences of Smoking: Nicotine Addiction", quoting contrary evidence from research studies, legal precedents, and cessation surveys (see Bates 32095).

Presents draft testimony opposing H.R. 5041, "Tobacco Control and Health Protection Act" which would repeal existing legislation and: (1) restrict advertising and ban promotional activities; (2) require warnings in packaging and advertising; (3) allow state and local governments to attempt to restrict advertising; (4) impose state-based tort liability regarding additional warnings and advertising restrictions; (5) "withhold federal funds from states that do not implement the model sales-to-minors bill recently proposed"; and (6) regulate ingredients and establish a new federal agency to conduct counteradvertising (see Bates 25797).

Transmits Health, Education and Welfare (HEW) "plans for the smoking and health component of HEW's long range plans for disease prevention and health promotion". Notes areas where plans could impact state public smoking legislation and "Federal legislation and regulation", particularly Federal Trade Commission (FTC) activities regarding warning labels, reduction of tar, 'known carcinogens' and other smoke constituents proportional to tar reduction. Strategizes about analysis and response utilizing industry contractors and Tobacco Institute (attachment missing).

Includes report headings: "Executive summary; Introduction; Chapter I: Why do young people begin smoking?; Chapter II: How advertising works - Competition in a 'mature' market; Chapter III: International experience with cigarette advertising bans; Chapter IV: Cigarette advertising and 'targeting'; Chapter V: Promotional activity by cigarette manufacturers; [and] Conclusion.

Contains only fax transmittal page for 18 page document from Remes to Merkle (attachments missing).

Announces five-pronged program to counter youth smoking: "[1] model state legislation for minimum age requirements, [2] model legislation for vending machine sales, [3] a new industry code, [4] a retail sales initiative, and [5] a new, tobacco-specific booklet, for use in the industry's popular Responsible Living Program". Includes report headings "Promotion of youth initiatives; 1. Advance notification to allies and legislators; 2. Media promotion of the industry's initiatives; Advertising campaign; Post launch activities; 1. Monitor reaction to/progress of the initiatives; [and] 2. Endorsements". Includes editing and marginalia.

Announces five initiatives "designed to prevent youth smoking", including: (1) "It's the Law" retail awareness program; (2) "tobacco-specific" supplement "to the popular 'Responsible Living Program'; (3) new industry guidelines concerning promotional practices; (4) vending machine placement restrictions; and (5) support for establishing 18 "as the minimum age for purchase of cigarettes". Includes extensive editing and marginalia.