Bliley RJReynolds
Presentation Prepared by Outside Legal Counsel for RJR and RJR Employees for the Purpose of Rendering Legal Advice Concerning Smoking and Health Issues.
Fields
- Author
- Narr, D.
- Fishel, D.B.
- Jacob, E.J.
- Jacob Medinger
- Tucker, C.A.
Document Images
• '.
Taped 14aterlal
RJR TCBACCO CO. PRESENTATION 9/2/80
C. TUCKER, D. NARR, D. FISHEL, E. JACOB
C. Tucker:
We are going to.share some 6f our thoughts about the issue
that's facing us. We'll go right ahead, I.think.
~ -
We're going to be talking about Iobacco issues today. We
at R. J. Reynolds Tobacco believe that this is
truly'a two-way street.
Hopefuily, you will share some of your issues with
us'with the result
that we can make. a contribut~op. Certainly we do
have a commogality
of interest as it relates to excess regulation,
the FTC specifically.
There is mutual interest in our channels of
distribution and perhaps
we have similar i~terest~ in the ar6a of litter
control ~nd regula-
tion. I am sure, in any event, that the list
can be expanded appre-
ciably, Dick, and we are vitally interested in working with you.
Turning to tobacco, let me start by sharing with you one of
the five key issues that make up our long-range strategic plan. It
states, and I'd like to quote it,
,Anti-sioking bodies are expanding their
efforts to establish the belief that
smoking'is harmful to"the smoker and the
non-smoker and to restrict the use of
tobacco products through ~ncreased legis-
lation, regulation and taxation, their
overriding objective is to make smoking
and smokers socially unacceptable."
Going b~ck in tim~_ some 20 years ago the
Surgeon General de-
cided, based on statistical correlation, that smoking
was ha~.°rafu~ to
the smoker. With-this conclusion, as ~ou know~
came federal regula-
tions conkroliin~ the saIe of cigarettes, :including a
ban on the use
of T.V. and radio, the use of the ~¢arning statement and the listing

"of tar and nicotine numbers. Let me say at this point that it ~s not
the cigarette industry's position that cigarette smoking does not cause
cancer. Our position is that a causal relationship between smoking
and lung cancer has not been established. By the same token, we do
recognize the statistical correlations that have been built up over
a period of years. And we also recognize the many anomalies involved
in lung cancer which Ed Jacob will discuss with you in just a moment.
At this point in time the cigarette industry alone has spent
close to $i million in research. The major objective has been to try
to find the Causes of some of the basic diseases that have been asso-
ciatedwith smoking. And the g0vern~ent, incidentally, ha~ spent a
lot mo~e than that. •The net is, however, that ~n spite of all this
research, the basic question as to the causes ofthese diseases and
as to whether smoking has anything to do with them or not remains
unanswered." As a result,• antiCsmoki~g groups, some regulators
legislators have changed direction and have turned to an effort to
make smoking and smokers soc~ally unacceptable. They are using
several tacts in this effort. For example: (i) attempting to prove
that cigarette smoke is harmful to the nonsmoker; (2) b£oadly xest~ic--
ting smoking in public places; (3) using c~ga~ettes as a sin tax
vehicle; (4) attempting to establish the rights of the nonsmoker vs.
the smoker -- the airline regulation is an example of that; and (5)
attempting to establish a multi-billion dollar social cost of smo]~ng,
that is, medical care, absenteeism, the Joe Califano approach of a
year or so ago.
The other phenomenon that has taken place ~ecently is that
the battle Hround ~as moved from federal level to the state and local
level. This multiplies, of course, the scurmishes we f~.ght many fold.
This phenomenon started ~n Arizona where one individual, through con-

tinued effort, was able to achieve substantial legislativ@ restriction
in that state as it regards smoking. The result of this increased anti-
smoking and anti-tobacco activity, and the local and state government
effort to ban or restrict smoking has created an increasingly negative
attitude towards smoking on the part of the public. We haven't been
able to measure its impact, but we know it has impaired our ability to
do business and it certainly has dampene~ the sales growth of this
tobacco industry. As a result of this trend, the tobacco company
:
management and corporate management has mandated a far more aggressive
posture for the tobacco company in speaking out. on these issues~-
Obviously the most important base we. have is'that made up of our own ...
company and corporate employees -- some 80,000 in all. Unfortunately
in the past information on tobacco issues has come to our corporate
employees p{imarily from the press. Our goal now is to fully in-
form those employees so that they can make knowledgeable decisions
regarding tobacco issues. The result is the Employee Col~u~unications
Program that we want to talk to you about today just for a few
minutes.
The objective of this program is 3-fold with primary emphasis
on the first objectivg, and that is to fa~tually inform RJR.employees
that there is another point of view to the smoking and health contro-
versy. Secondarily, number two, to encourage employees to take
appropriate action on behalf of tobacco if they are so i~,clined. And
(3) to provide direction and support for our employees activities.
Again our primary mission is to inform, and please let me emphasize
that we are not here to talk people ~nt,- smoking and we are not here ~
.-
to train people to become tobaccolobbyists. That is not ou~ mission.
In the presentation today, Dave Narr, ~;ho is manager of the '-"
Tobacco Company's Pub].ic Affairs Plar.ning and Progras~ing, wi].l give

you a brief overview of the social and political environment for to-
bacco. ~e will be followed by Ed Jacob of Jacob & Medinger, who will
discuss medical, scientific, and legal issues. I might,just digress and
say, as you might suspect, Ed is a lawyer, and you might wonder,
therefore, why is a lawyer talking about medical and scientific issues.
Ed joined forces with RJ Reynolds some 27 years ago in the first
cancer case that we fought. }~e probably knows as much today about the
~cientif~.c'and medical side of this ~uestion as anybddy in the United
States as a result of that association. Finally, Dave Fishel, who
is R~ynolds Indhstrie~' Public Relations Director, will outline some
of the next steps in the Employee Communications Progrm~. And Dick,
following that and at your direction, we'll be happy to a~swer any
questions you all may have. I'll turn it over to Dave Narr.
David Narr:
Thanks Tuck. What I'd like to do in about 20 minutes is look
at five subjects which relate to the social and political environment
for tobacco. First, historical trends in smuking acceptability;
second, current attitudes towards cigarettes and ~moking and how those
attitudes translate into current legislative ~hreats including smoking
bans, taxation, operating restrictions of var~.ous ki~,ds; fo~rth, we'll
look at the ~mpact of these issues on the tobacco company and other
elements of Reynolds Industries; and fifth and final].y, see what the
future environment for tobacco looks like.
Now, let's" lo0k at the history of smoking acceptability. As
this slide indicates, that history includes many ups and down. That's

not meant~to be an exac~ representation, but just for illustrative
purposes. In 1604, King James I of England issued what he called a
"counter blast" to tobacco." He concluded that smoking ,was a custom
loathsome to the eye, hateful to the nose, harmful to the brain, dan-
gerous to the lungs, and in the b]ack stinking fume thereof nearest
resembling the horrible stingient smc'- of' the pit that is bottomless.
He had some specific problems with tobacco, also. }{e said, "morally
~peaking," tobacco is a sinful and shameful lust; ~ specles of dr6nk-
enness. ~t disables its users physically so that at times of stress
they cannot serve King and cohnt~y. Some ~f-the gen£ry bestow 300 or
~
" the use of
400 pounds a year upon this precious weed~ he went on,
+~obacco ~mitates the barba.rous and beastly, manners of the wild godless
and slavish indians. Finally, the sweetness of a man's breath ~s
corrupted by stinking smoke." The reason I recite these is to make a
point that, really, ali of the~e are current arguments againsh tobacco.
If you talk to any dedicated anti-smoker today, you can hear them say
pretty much the same thing. Well, ~espite all that, smoking ~n the
U.S..and certainly other parts of the world was fashionable by the
time of the Revolutionary War. Then some observers say it started
to goout of fashion a little bit by the mid to th~ end of the 19th
century, during the Victorian Period. Well, th.en it turned around
againand by the end of World War I it became fashionable and ext,:emely
popular again. This coincided with a period of manufacturing and
marketing innovation, but more importantly perhaps, great changes ~n
lifestyles and social values, 'the upheaval of Wor.ld War I, social
mobility aided by-the automobile, and new social roles for wom¢:n,
such as in wor;<ing and voting. Well, by the early '60's .].ifestyles
~.:ere changing again. Social scientists explained this change by the

concept of the ':Me Generation", an inward orientation they'say many
people are pre-occupied with their own selves. By the late '70's,
this emphasis on health, f~tness, we~l-being, all was to be attained
by moderation in eating, drinking, exercise and what's clear is that
smoking is perceived not to fit in this lifestyle. Well, that brings
us to the present. But, before looking.atthe current attitudes towards
smoking, let's take a look at anti-smokers. These organized groups
are another key element in anti-tobacco activities.
It's important to note that only a very small proportion of
~onsmokers ~re anti'smokers. Most nonsmokers, are" neutril. But what
anti-smokers lack in numbers, as Tuck noted a minute ago, they mike
up in 9olume and commitment. What's their motivation? Many of the same
things that motivated King James 350 years ago -- moral ferber, feeling
a
of superiority,/puritanlcal view of pleasure sensed somehow that
enjoyment is wrong. What's their objective~ "T~ objectiv6 has been
constant over the years -.- to end smoking. Now, in th~ period of
up to the late '60s as the slide indicates, anti-smokers' first
strategy was to educate smokers to the dangers of smoking. The result
was hill. Cigarette consumption continued to increase ~n that period
if, fo~ ho other reason, than demographic reasons. ~gell, when the
anti-smokers saw that their medical and scientific strategy had failed,
they appeared to turn to a legal and political strategy to achieve
their objectives. And this gets ns ~nto the second phase, and the one
~e're still in today. Anti-smokers attack smokers' sense of respon-
sibility, they accuse of discourtesy and seek to h,~miliate and ashame
smokers. Some reI.~te.smoking to pollution and the qualiky of life
thag has ~o do ~ith khe passive smokin~ issue, and on a praek~cal
a~tempt ~o ban or restric~ smokifig. ~esul~s: combined

changes, there appears to have been some impact on consumption. Now
what about the future? Well, we think we have a pretty good notion of
what the future holds for us in terms of anti-smoking ~ctivitles. It
appears that there'll be a focus on two areas: (I) on the working
class and the poor, and the reason is that smoking appears to be more
prevalent upon blue-collar workers and growing faster in many third-
world areas. In the third world anti-smokers criticize a waste of
resources and the a~l.eged health problems a~sociated with use. 0f"
tobacco. In thearea of social costs, that's the idea that all
societies pay for ~he behaViorof smokegs. Anti-smoking groups siy"
that the burden of costs associated with smoking is wasteful and
unfair, and the bohtom line aga{n is ~that smoking should be banned.
Well, now let's take a look at some current public attitudes
toward tobacco companies and their products. These results are from
recent surveys~. B~t fi~t some background. As you know, overai~ "
public attitudes towards business have been highly negative. All
surveys show a decline in public confidence in business over the past
ten years. Pretty much the same for other major social institutions.
But business, in particular, has been criticized for its performance
in the social responsibility a~-ea. We~ll see how that's defined in
a moment. What this slide shows is that tobacco and energy are rated
at the bottom of the l%st of those industries toward which the public
has very or mostly favorable attitude~. Opinion Research Corporation,
O
which provided this data, shows 21% and 17% favorability respectively
towards the tobacco and oil industry. As you see, food ranks much
higher with about ~9% favorability, in fact up Dear the top of the list. ""
For the public, however, the primary problems with the tobacco ~ndu--
stry have to do with smoking and health, product safety and advertising
credibility.

Now with regard to smoking and health, the public holds these
opinions: more than nine out of ten Americans believe that smoking is
hazardousto a smoker's health, and about 70% say When a someone smokes
near you, it's bad for your health. This concentrated anti-smoking
campaign has made a real impression on Americans. Almost half believe
that lung cancer would be less common or non-existent if nobody
smoked. Ed Jacob will address the fact~~ of the matter a little later.
.. Now let's look at credibility -- for us that means.tru~h in
advertising and advertising ~xecution. This data is from Yankelovich._
.and it shows that only 8% of the public, down from 31%.in 1976 feel
that the tobacco industry has done a good job.complying with Truth in
Advertising Laws and Guidelines. Energy and packaged foods are also
ranked at t~e bottom. T6rning £o p~oduct safety~ this is'a factor bn
which the public and government policy makers place great emphasis in
°assessing whether a company is socially responsible, a~nd therefore ..
acting in hhe public interest. About ~wo-thirds of the public say
that a good socially responsible company is committed to product
safety. As seen earlier, more than nine out of ten of the public
say that cigarettes pose significant hazards to users, .so there's
our problem..Product safety,, credibility seem to be ~eclining some.-
what in importance, but still only about 8% of hhe public say that
the tobacco industry is socially responsible. Food, again, ranks
much higher on this measure, with 22%. That's down about 4 points
from 1978. ~qell, that's a'look ~t the bad news. But; there's also
some good news. The good news is that there's a difference between
o
thought and action. The public isn't r~ady to put us out of
business. In fact, a large majority of the public think that the
goverm~ent should tell. people about the alleged dangers ef a product
and then let them decide for themsel~es ~;hether they want to use

'those products. The public clearly favors warning labels, not bans,
to deal with alleged hazardous products. Finally, smoking and being
around people who smoke are relatively low on the list of things that
the public is concerned about. That'~ certainly tru~ when compared
to economic issues like inflation and unemploymont, other major
national issues like energy, national defense.
Well, now let,s take a look at ~ow these public attitudes or
issues translate 'into specific legislative and regulatory problems~
Again, here's an outline representation. Basically, our model is
• that we believe negative public attitudes lead to adverse government
a~tion. On the left you see some of our m@jor issues detailed,
smoking and health (that's the idea that smoking harms smokers)~
social a6ceptability, two el~ments there, one is that s~oking harms
nonsmokers, the other is that smoking is a dirty, messy habit and
maybe more imporhant, that it's ].ow class, not thdthing to do. Both
of those hnve some practical problems for us, one is anti-smoking
education as undertaken by the federal g~vernment and some private
anti-smoking groups, mostly at the federal level, national level
should say, smoking bans and restrictions are really a state and local
problem for us. Taxation needs no explanation, I think. Operating
problems, we have a variety of them ranging from the leaf area where
the tobacco support program is very important to us all the way through
to marketing where there have been attempts at the local leve~
again to restrict our ability to sample, that is, to provide free
samples of oun products to adult smohers. ~ell, all of th~s has a
bottom-line ~mpact, and here's what ~ge think it is. Increased
tobacco legislatio~ leads to increasingly negative attitudes and so
on. It's a downward spiral for us. So far ~e bare been able to hold
the line, but n~mber in severity of anti-tobacco legislation is

increasing every year. For ~xample, in the area of smoking bans: in
1980 we faced 103 bills in the various states. We were Dretty success-
ful in defeating all of them, but in 1981 we expect to have to face
about 120 or 125. In the area of taxes, in 1980 we only had two
states increase taxes, one county, Cooke County in Illinois, but in
1981 we think we'll be facing about 13 state tax increases and plus
the possibility of an increase in federal excise tax. Well, the
bottom line is-that a].l of this has an impach on sales growth and ..
profitability. The implications area readily apparent to all of us.
Let's take a look at the outlook for. tobacco over the next
few years.. "Basically it's a mixed picture. We know that tobacco will
remain relatively lower in priority than many, economic and international
issues. We feel that th~e will be continued h~gh pressure for tax
increases that will reduce our pricing flexibility. We here a feeling
that smoking and health and" social~acceptability will continue to be
a major p~oblem for us. There will be slow population growth, ~ifestyles
will continue to e~phasize individual health, well-b~ng, moderation
and personal habits. We feel there'll be a continued high level of
anti-tobacco activity by government at all levels and anti-smoking
activists, continued negative attitudes towards smoking, and some
increase in private industry problem3. However, roughly i/3 of the
population will continue to smoke, we feel, and our ace in the hole
will be continued resistance to additional broad gouer~,ment actions
to curtail smoking. Essentially that's what defeated Prop. 5 in
California two years ago. Again, it's a mixed picture, but we feel
we need your understanding and support to help us combat these threats
in our future. N6~ l~d like to turn it over to Ed Jacob for some o
discussion of the medical, scientific and ].egal issues.
