This report, found in the files of Victor Han (Director of Communications for Philip Morris Worldwide Regulatory Affairs) describes the threat that the U.S. Environmental Protection Agency's (EPA) 1993 rating of secondhand or environmental tobacco smoke (ETS) as a Group A Human Carcinogen posed to the cigarette industry.
"Indirectly, ETS will have considerable influence on all other tobacco-related legislation, including taxation, marketing freedoms, etc. Of critical importance will be the effect on consumers, practically deprived of more and more locations in which they can smoke, and psychologically given more incentive to quit."
The Philip Morris (PM) report characterizes the EPA as "at worst corrupt and controlled by environmental terrorists" and states that "...without an effort to build considerable reasonable doubt about [EPA's case against secondhand smoke]--particularly among consumers--then virutally all other efforts [to fight the ETS issue] will be diminished in effectiveness."
PM's strategy is laid out: not to fight the ETS issue on its merits, but instead to destroy the credibility of the government agency that declared it dangerous:
"The credibility of the EPA is defeatable, but not on the basis of ETS alone. It must be part of a larger mosaic that concentrates all of the EPA's enemies against it at one time."
The paper describes how the media's focus would be taken off of ETS by the generation of non-ETS stories, stories that focus on "general EPA bashing by credible, authoritative sources." and "EPA ineptitude and, when possible, corruption."
The 13-page report reveals Philip Morris' strategies for a full-bore attack on the U.S. EPA over its efforts to better inform American citizens about the health dangers posed by the company's ubiquitous and largely unregulated products.
Fields
Quotes
Regardless, for the media and the public, assualted for 30 years with an ever-growing litany of the dangers of smoking, EPA's findings--buttressed by HHS as well as scientific authorities and aggressively advanced by the antis--are inherently believable.
The short term direct results will be:
--...to escalate employer-initiated and legislated smoking bans,
--to stimulate an increase in litigation on ETS-related fronts.
Indirectly, ETS will have considerable influence on all other tobacco-related legislation, including taxation, marketing freedoms, etc. Of critical importance will be the effect on consumers, practically deprived of more and more locations in which they can smoke, and psychologicall given more incentive to quit.
The tobacco industry has several large obstacles working against it in its efforts to bring EPA's flawed action to light:
--Little credibility with the public
--Less with the media which, in addition, acord the industry limited standing and access,
--the tobacco industry is more isolated than most from teh networks of national allies from which other industries, in controversial situations, can draw support.
Philip Morris stands alone in the industry in its understanding, sophistication, resources, commitment to proactive public affairs and credibility, but direct company exposure on negative issues is an internal concern that has merit.
The growing perceptions about and animosity to EPA as an agency that is at least misguided and aggressive, at worst corrupt and controlled by environmental terrorists, offer one of the few avenues for inroads...
...However, without a major, concentrated effort to expose the scientific weaknesses of the EPA case, without an effort to build considerable reasonable doubt about that case--particularly among consumers--the virtually all other efforts...will be significantly diminished in effectiveness. This is the toughest challenge of all, the one against which the clock is ticking the fastest and the one that should be treated with the greatest urgency.
The credibility of EPA is defeatable, but not on the basis of ETS alone. It must be part of a larger mosiac that concentrates all of the EPA's enemies against it at one time.
Company
Philip Morris
Author
No author stated. Found in the area of Victor Han, Director of Communications for Philip Morris Worldwide Regulatory Affairs.
Partner of industry law firm Shook Hardy and Bacon before going to work for PM. Was VP of PM Corporate Scientific Affairs in 1990. Defends PM on television.
01.
ETS MEDIA STRATEGY
SITUATION
The EPA has endorsed an ETS risk assessment based on:
o flawed science
o data manipulation
o selective review of science
o biased' interpretation..
Regardless, for the media and the public, assaulted~for 30 years
with an ever-growing litany of the dangers of smoki~ng, EPA's
findings -- buttressed by HHS as well as scientific
authorities and aggressively advanced by the antis -- are
inherently believable.
The short term direct results will be:
o to hasten and influence OSHA review
o to escalate employer-initiated and legislated smoking bans,
o to stimulate an increase in litigation on ETS-related'
fronts.
Indirectly, ETS will have considerable influence on all other
tobacco-related legislation, including taxation, marketing
freedoms, etc. Of critical importance will be the effect on
consumers, practically deprived of more and more locations in
which they can smoke, and psychologically given more incentive
to quit.
The tobacco i~ndustry has several large obstacles working against
it in its efforts to bring the EPA's flawed action to light:
o littlie credibility withithe public
o less with the media which, in addition, accords the
industry limited standing and access.
o the tobacco industry is mo!-e isolated than most from the
network of national allileE from which other industries, in-
controversialsituations, can draw support.
Philiip Morris stands alone in t..;e industry in its understanding,
sophisticati~on, resources, commitment to proactive public
affairs and credibility, but direct company exposure on negative
issues is an internaL concern that has merit.
0
The orcwing perceptions about and animosity to~EPA as an agency
that is at least misguided and aggressive, at worst corrupt and
controlled by environmental terrorists, offer one of the few
avenues for inroads. Of particular importance are the scare
tactics and the scientific laxity of the risk assessment
process, the economic and social harm of over-regulation and the
out-of-control expenditures of taxpayer money.
The great leveler here, if there is one, i~s that, with ETS and
other EPA actions, the facts simply will not sustain the
rhetoric or the actions.
However, without a ma]ior, concentrated effort to expose the
scientific weaknesses of the EPA case, without an effort to
build considerable reasonable doubt about that case --
particularly among consumers -- then virtually all other-effoxts
including the effort to achieve a more balanced approach by
OSHA, will be significantly diminished in effectiveness. This
is the toughest challenge of all, the one against which the
clock is ticking the fastest and the one that should be treated
wilth the greatest urgency.
The credibility of EPA is defeatable, but not on the basis of
ETS alone. It must be a part of a larger mosaic that
concentrates all of the EPA's enemies against ilt at one time.
These premises are the foundation of the following media and
communications recommendations. As with the ETS issue itself,
media efforts must be a fully integrated component of all ETS
strategies. Otherwise, they cannot succeed.
f'fEDIA STRATEGY OVERVIEW
There are those who will maintain that the best -- perhaps the
only -- media strategy is to have no more coverage whatsoever.
Theoretically, they are correct, but to pursue that theory is to
ignore reality. There will cor.tinue to be considerable coverage
generated at the national lievel, and that will be supplemented
by growing coverage at local levels. Against those certainties,
there must be both proactive and defensive strategies on ETS.
The defensive strategy must be:
o to respond
o to influence
o to maintain balance
This should be accomplished through a combination of
spokespersons selected from:
o company
o industry
o third-party individuals and groups
The ETS-specific proactive strategy should:
o build upon the efforts and accomplishments managed through
D-Day
o concentrate on one-on-one opportunities with journali~sts
and editorial writers, rather than focus on the herd of
daily journalists
o be supplemented by carefully tailored, authored, placed
pieces
The proactive strategy for non-ETS stories should be pursued
with the intent of achieving the broadest possible coverage in
general and opinion-leader media. The stories should focus on:
o general EPA bashing by credible, authoritative sources
(,i.e., scientists, mayors, etc.):
o complaints of other victims (industries, individuals,
groups, local governments, associations)
o risk assessment revisionism
o EPA ineptitude and, when possible, corruption
THE MESSAGES
The following messages are those that will do the most to
further the cause, whether in the proactive or defensive
posture. With respect to the proactive strategy, the only
stories we should~be seeking are,those that further one or more
of these messages:
o Demonstrate the scientific weaknesses of the EPA
conclusions in consequential terms
o Put the risk in perspective
o Point to EPA excesses and mistakes unrelated to tobacco
o Demonstrate EPA "corruption"
o Re-evaluate the risk assessment process
o Stimulate non-tobacco industries, anti-regulation groups
and~others to provide their own perspectives in order to
portray EPA as an agency correctly under siege
o Provide comfort and articulation to smokers
o Provide a counterbalance against an employer stampede for
smoking bans -
o indicate the company's and industry's resolve on behalf of
smokers and employers who wish to preserve the "rights of
all"
o Indicate the resolve of the company to defend liti~gation
against the company and to provide aid and counsel to
others who must defend against litigation
o Point to separate sections, ventilation and accommodation
as the only rational solutions of a democratic society.
To strategically position the messages, we must consider and
approach a broad range of media outlets, have available a
diverse group of authoritative, credible sources as messengers
and determine those audiences that will be most receptive. In
this manner we can tailor strategy to match the media, the
message, the messenger and the audience.
I
i
THE MEDIA
we should try accompLish our strategy through use of both
electronic and print media.
Scientific, Investioative, Revisionist Writers
This group represents the most likely category to pursue the
kind of major pieces which attack the science. Whi~le some, like
John Crewdsen of the Chicago Tribune, Nick Wade and Keith
Schneider of the New York Times, write for daily newspapers,
others, such~as Gregg Easterbrook, write for several
publications, while still others, such as Rick MacArthur,
publisher of Harper's Magazine, also are freelancers.
Print Media
There are a vast array of plrhlications, including newspapers,
magazines and newsletters that would be appropriate venues for
the various messages we wish to present. The following,list
covers only a representative sampling of the options we would
recommend for potential placement of targeted pieces, alongg
with examples of publications:
o General
--dailies
--weeklies
o Business publications
--general business journals
- Fortune
- wall Street Journal
- Business Week
--Small business publications
- Independent Business
o Human resources/personnel publications
-- Your Company
o Business association publications
-- Nation's Business (U.S. Chamber of Commerce)
o Investor publications
--General Finance
--Financial WorLd
o LegaL
--Journals
- ABA Journal
- Legal Times
- National Law Journal
--Association publicatioms
- The Environmental Forum (Environmental Law
Institute)- Law Practice Management (ABA).
- Business Law Today (ABA)
o Environmental Scientific
--EPA watchdog groups
- Inside EPA
- EPA Watch
--Scientific magazines
- Science
o Specialized
--Grower publications
- Tobacco Reporter
- The Flue Cured Tobacco Farmer
--Retail tobacco publications
- U.S. Distribution Journal
- Retail Tobacconist
--"Smokers' Rights" groups
o Labor
--Uni~on publ,ications
- AFL-CIO News
o Retailers
--Restaurant publications
- Nation's Restaurant News
- Restaurant Hospitality
--Vending machine associations
- Vending Times
- American Automatic Merchandiser
--Grocery
- Convenience Store News
- Convenience Store Decisions
- Progressive Grocer
Radio
Radio is an outlet we believe is highly underutilized~. We
have found in the past that -adio actualities that support the
PM message have received widespread usage, especially among
regional! and local stations that are always looking for news.
Messages by third~-party spokespersons culled from other
activities related to the ETS strategy (e.g., press
conferences, seminars) -would provide opportunities to
disseminate messaaes to a liarqe, diverse audience at minimal
cost. There is an active farm network of radio stations that
coul'd be particularl!y useful for disseminating messages in
tobacco states.
Another option is to develop spokespersons to provide radio
actualities on related matters, with the ultimate objective of
establilshing these spokespersons as "experts" on these issues.
These would be persons accessible for comment. (See also,
"Other Considerations.")
Television
we recommend a case-by-case determination with respect to use
of television for ETS-specific messages. You can never
guarantee your message, and often the potential damage
outweighs any benefit. From a defensive standpoint,
challenges should normally not go unanswered. where
television can have its greatest beneficial impact will be on
non-ETS-specific stories, and every opportunity to maximize
coverage of these should be attempted.
I
REOUIRED RESOURCES -- THE MESSEPJ!GERS
Any successful media effort that has the reach, frequency and
credibility necessary to succeed on this issue will, require the
recruitment, backgrounding and training of a cadre of
third-party spokespersons from different disciplines. Listed
below are the necessary categories:
o Steve Parrish and Tom Borelli (who remain essential)
.
o Scientists
--who can address the science of ETS specifically
--who can address the sci~ence of risk assessment
generally
o Third-party victims of other EPA abuses
o Third-party litigatilon experts
o Third-party human resources experts
o Labor representatives
o Organization or coalition representatives
o ventilation experts
o Anti-regulation group experts
o Smoker rights advocates
AUDIENCES
There is vi~rtually no audience that is unimportant to the
effort, however, we have listed below the audiences we believe
should be among those specifically targeted in the media
strategy:
o Consumers
0 0 S HiA
o Business executives (employers)
o Human resources managers and corporate general counsel
(employers)
o Th,e Congress
o State and local legislators and regulators
o Employees/union leaders and membership
o Small-business owners
o Business associations
o Investment counselors/financial officers
o Scientists -
o Legal community
o Retailers/Restaurateurs
o Tobacco-related occupations
In addition, from both the proactive and defensive postures,
the media must be viewed not only as a critical audience unto
itself, but as a conduit to the above.
The foll.owing grild illustrates how we would match the type of media to the
messenger, to the message and to the audience for the most effective
dissemination of our side of the story.
MEDIA MESSENGER MESSAGE(S) AUDIENCE
ScientiZic, Scientists Bad science Scientific
investigative,, EPA-bashing comm.
revisionist Policymakers
writers
General'
Dailies Scientists Bad science General public
- Weeklies Other EPA "victims" EPA-bashing Policymakers
PM. Accommodation/IAQ Local govm1t
Business
- General Bus. groups Accommodation Executives
- Human res. Bus. trade assoc. IAQ/ventilation Human Resource
- Small bus. Bus. owners Bad science Bus. owners
Other EPA "victims" EPA-bashing Bus. organ.
HVAC experts OSHA regs.
Investor Investment counselors Liability Investors
CFO/Philip Morris EPA-bashing Counselors
Bad science Brokers
Bus. executive
Bankers
Le a 1 PM Liability Plaintiff atty
Legal scholars PM position Legal organ.
Legal assoc. Bad science Businesses
EPA bashing
OSHA regs.
Envi ron:nental/
ScientTic PM Bad science Policymakers
3rd-party scientists EPA-bashing Regulators
Other EPA "victims"' IAQ Legislators
HVAC experts OSHA regs. Businesses
S ecialized
- Tobacco Trade associations Bad science Retailers
PM EPA-bashing wholesalers
Advocacy groups Accommodation/IAQ Vendors
Suppliers
Growers
- Labor Union leaders Accommodation/IAQ Union members
Bus. owners Bad science
OSHA regs.
EPA-bashing
- Retail Bus. owners Accommodation/IAQ Customers
Bus. associations OSHA reg,s. Bus. owners
Restaurants EPA-bashing Gen. public
Retailers
OTHER CONSIDERATIONS
There are also a number of other avenues that do not fall
within the parameters of the medi~a strategy discussed above
that we believe are worth serious exploration and
consideration as part of the overall media effort.
EPA Watch
This publication is both media and messenger. We believe that
there is tremendous currency :n establishing Bonner Cohen as a
principal source for other journalists and as a direct voice
on EPA matters. This effort has already begun but needs to be
pushed forward. We believe that a regular series of radio
actualities as well as any expanded effort to market EPA Watch
to journalists will produce significant results. With the
radio actualities, we believe that within six months we should
be able to create the virtual sense of an EPA Watch commentary
that woul'd achieve recognition and can be geographically
tailored ta meet urgent needs.
The First Amendment Center
John Siegenthaler now heads this journalistic foundation,
headquartered at Vanderbilt. We propose a meeting with him to
explore the possibilities of reviewing coverage of ETS, EPA,
risk assessments, etc. Steve Parrish should accompany me and
Jim O'Hara, media director of B-M Washington, to the meeting.
Jim worked with Siegenthaler for many years.
This is only one example of potentilal efforts to influence the
media through the indirect means of peer groups which have
respect and they can, if we are successful, soften and change
attitudes on a wholesale basis.
