Abstract
This speech by Roger Mozingo (Senior Vice President of the Tobacco Institute) reveals the power of the Institute as a bulwark against public health throughout the United States. The speech reveals that a sizeable number of U.S. states tried to get workplace smoking restrictions enacted in 1988, but failed due to the industry's opposition.
Mozingo mentions the tactics of delaying, weakening and, wherever possible, killing smoking restriction bills at the local level:
"Locally, we continue to face numerous and difficult challenges on the smoking restriction front. As you know, we are often successful in delaying and weakening local measures, but it is tough to obtain what I would call a final 'kill' locally..."
Mozingo also mentions a tactic the Institute used to get smoking cars added back on to Connecticut trains (portraying smoking as a "state's rights" issue rather than a health issue):
"...the most significant thing is that the issue has been couched not as a smoking issue, but as one of states' rights. That enabled us to obtain a committee vote of 22-0 in favor of adding a smoking car."
Mozingo also reveals a tactic the Institute used to stop a measure that would have banned smoking in hospitals in Washington state:
"This year in Washington state, we defeated every anti-tobacco proposal under review. Of particular interest was our work with one relatively minor measure...a bill that would have banned the use of tobacco in hospitals. ... The measure originally had the full support of hospital administrators and the medical community. With the assistance of Gray Robertson's ACVA Atlantic and Covington & Burling, we drafted an amendment to the bill that would have required hospitals to meet rigid and specific ventilation standards in every operating theater, intensive care unit and other hospital areas.... At this turn of events, hospital officials became unglued and openly broke with the medical community, dropping support for the measure and ensuring its defeat. This work should help us in the future as we continue to...oppose more significant anti-smoking legislation in Washington."
Mozingo also discusses the industry's overall strategy of "taking the initiative and putting the anti's [public health authorities] on the defensive."
This brief speech reveals the widespread, pervasive interference of the Tobacco Institute at virtually every level of government in the U.S.
Fields
- Notes
--At 8 pages, the document appears to be incomplete and I was unable to locate a more complete copy.
--NYSA Tobacco Institute Collection on TDO: Documents received from Roswell Park Cancer Institute, as part of the closure of the Tobacco Institute. Granted to the New York State Archives (NYSA) through the New York State Attorney Generals Office, Roswell Park is scanning the collection for online access.
Mozingo also discusses "taking the initiative and putting the anti's [public health authorities] on the defensive," a phrase used by Ellen Merlo of Philip Morris many years later.
- Quotes
To date, bills to ban or restrict smoking have been proposed in 38 states. Thus far, none has passed and we have defeated bills in 11 states:
... Georgia (w)... Idaho (w)... Indiana (w)... Maine... Mississippi... New Hampshire (w)... South Dakota... Virginia (w)... Washington (w)... West Virginia (w)... Wyoming (w)...and a Maryland measure was weakened to a great degree, workplace language was removed.... Of those states where measures have been defeated, eight contained workplace restriction language...of the 27 states with pending restriction bills, 16 contain workplace language. Key among those states are:
... Arizona... Colorado... Florida... Illinois... Massachusetts... Minnesota... Missouri... New York... Ohio...Pennsylvania... Wisconsin...
LOCALITIES
Locally, we continue to face numerous and difficult challenges on the smoking restriction front. As you know, we are often successful in delaying and weakening local measures, but it is tough to obtain what I would call a final "kill" locally.
... Thus far, measures to restrict smoking have been proposed in 110 communities...some localities are considering more than one ordinance.
... To date, 22 localities have adopted restrictions, two have defeated measures and the rest are pending or delayed through our activity.
...in Massachusetts reviewing restriction measures...this year only a handful are considering such ordinances.
... This is due in large measure to (1) the aggressive posture we've taken for several months in Waltham, (2) a preemptive foray into eastern Massachusetts to educate lawmakers on ETS and general indoor air quality, and (3) a campaign just underway to attempt to rollback restaurant restrictions in certain key localities.
... Our work in Massachusetts -- while not rendering the antis punchless -- has helped us seize the initiative and put them on the defensive. We are exploring ways to export this strategy to other key areas where we normally face a maelstrom of local anti-smoking activity...
- Company
- Tobacco Institute
- Author
- Mozingo, Roger L. (TI Lobbyist, Sr. VP, headed up state and local lobbying)
Involved in state and local level lobbying for the tobacco industry. Was a Vice President at TI, in the State Activities Division in the 1970's & 1980's, later went to RJR. Roger L. Mozingo was Vice President of State Government Relations for RJR in 1994. (Source: R. J. Reynolds Summary - RJR Liability Notebook)
- Recipient
- Tobacco Institute Executive Committee
RegionUnited States
Georgia
Idaho
Indiana
Maine
Mississippi
New Hampshire
South Dakota
Washington
Virginia
West Virginia
Wyoming
Maryland
New York
Missouri
Ohio
Minnesota
Florida
Pennsylvania
Wisconsin
Colorado
California
Illinois
Texas
LitigationNYSA Tobacco Institute
TypeSpeech
Subjectindustry activity
industry influence
industry response
industry strategy
Corporate strategy
legislation
smoking restriction
Document Images
Page 1: TI08820222
THE TOBACCO INSTITUTE
REMARKS BY
ROGER L. NOZINGO
SENIOR VICE PRESIDENT
THE TOBACCO INSTITUTE
APRIL 7, 1988
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INITIATIVES
• To be handled first from other text.
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GENERAL
It's a bit premature to say that "things are great in '88,"
but there have been several encouraging developments this
year that illustrate how our coordinated efforts can pay
solid legislative dividends.
u**~ time i'd like to take you through a summary of what's
transpired so far in 1988 and what we see on the horizon.
Let's begin with the smoking restriction issue.
SROKING RESTRICTIONS
STATES
To date, bills to ban or restrict smoking have been proposed
in 38 states. Thus far, none has passed and we have defeated
bills in Ii states:
... Georgia (w)... Idaho (w)... Indiana (w)... Maine...
Mississippi... New Hampshire (w)... South Dakota...
Virginia (w)... washington (w)... West Virginia (w)...
Wyoming (w)...~nd a Maryland measure was weakened to a great
degree, workplace language was remove~
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... Of those states where measures have been defeated, eight
contained workplace restriction language...of the 27 states
with pending restriction bills, 16 contain workplace
language. Key among those states are:
... Arizona... Colorado... Florida... Illinois...
Massachusetts... Minnesota... Missouri... New York... Ohio...
Pennsylvania... Wisconsin...
LOCALITIES
Locally, we continue to face numerous and difficult
challenges on the smoking restriction front. As you know, we
are often successful in delaying and weakening local
measures, but it is tough to obtain what I would call a final
"kill" locally.
... Thus far, measures to restrict smoking have been proposed
in 110 communities...some localities are considering more
than one ordinance.
... To date, 22 localities have adopted restrictions, two
have defeated measures and the rest are pending or delayed
through our activity.
... While most of this local activity remains centered in the
predictable states -- California... Colorado... Illinois...
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Ohio... Pennsylvania... Texas... we have seen the restriction
issue take root in some traditional tobaccoland communities.
... We've defeated bills this year in Nashville and Sumter,
South Carolina. However, Raleigh, Durham and several other
North Carolina and Virginia localities are looking into the
smoking restriction issue...as a rule, the bills under
consideration are not -- in themselves -- particularly
onerous. The simple fact that measures are being reviewed,
however, has caused us to devote substantial effort to these
events.
Other key communities still considering restriction measures
include San Diego County; Des Moines; Chicago and Rockford,
IL; Indianapolis; Columbus, OH; Erie, Harrisburg and
Philadelphia, PA; Knoxville, TN.
RESTRICTION EVENTS OF INTEREST IN 1988
As I mentioned, there have been several developments of
interest thus far in 1988. For example:
. MTA and Connecticut commuter trains...
... Thanks to Connecticut commuters who actively and vocally
expressed their dissatisfaction, Connecticut state lawmakers
are considering adding a smoking car to those trains when
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they cross the border into Connecticut. As you know, smoking
was banned on the transit system late last year.
... From our point of view, the most significant thing is
that the issue has been couched not as a smoking issue, but
as one of states' rights. That enabled us to obtain a
committee vote of 22-0 in favor of adding a smoking car.
... Ultimately, we may or may not prevail on this issue, but
we have succeeded in activating a loud smokers' constituency
and taken the focus off tobacco and put it on "rights."
. New York City and return of smoking re@ulations
... New York City Health Commissioner Stephen Joseph must be
wondering what hit him. After submitting for review smoking
regulations that clearly went past the letter and spirit of
the New York City ordinance, he was forced to withdraw his
trumped up regulations for reconsideration.
... Key New York citizens voiced opposition to the
regulations, and even chief proponents of the restriction
bill cried foul when they saw the Commissioner's regulations.
We continue to work for the most reasonable regulations
possible.
Lack of local activity in Massachusetts
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... In past years, it was not unusual to see dozens of towns
in Massachusetts reviewing restriction measures...this year
only a handful are considering such ordinances.
... This is due in large measure to (i) the aggressive
posture we've taken for several months in Waltham, (2) a
preemptive foray into eastern Massachusetts to educate
lawmakers on ETS and general indoor air quality, and (3) a
campaign just under~ay to attempt to rollback restaurant
restrictions in certain key localities.
... Our work in Massachusetts -- while not rendering the
antis punchless -- has helped us seize the initiative and put
them on the defensive. We are exploring ways to export this
strategy to other key areas where we normally face a
maelstrom of local anti-smoking activity.
. Washin@ton hospital amendments
... This year in Washington state, we defeated every
anti-tobacco proposal under review. Of particular interest
was our work with one relatively minor measure...a bill that
would have banned the use of tobacco in hospitals.
... The measure originally had the full support of hospital
administrators and the medical community. With the
assistance of Gray Robertson's ACVA Atlantic and Covington &
T108820228
Page 8: TI08820222
Burling, we drafted an amendment to the bill that would have
required hospitals to meet rigid and specific ventilation
standards in every operating theater, intensive care unit and
other hospital areas.
... To illustrate the need for such standards, the committee
reviewing the measure was shown a copy of our ACVA video,
shortened to show just how serious the ventilation problem
can be in hospitals.
... At this turn of events, hospital officials became unglued
and openly broke with the medical community, dropping support
for the measure and ensuring its defeat. This work should
help us in the future as we continue to expand the general
knowledge of the sick building syndrome and oppose more
significant anti-smoking legislation in Washington.
• Oklahoma House Chamber building study
... Along the same lines, we initiated a study -- completed
late last month -- of the Oklahoma House Chamber. The House
had under consideration a move to ban smoking in that
chamber.
... The study -- again by Gray Robertson's ACVA -- showed
dramatically that while there was no need to ban smoking, the
House chamber was in great need of a thorough look into a
8
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