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DI I I I I Illl I I TOBACCO ADVERTISING PROPOSAL TO DEFEAT CURRENT LEGISLATION ON BANNING TOBACCO ADVERTISING Miner & Fraser Public Affairs, Inc. November T108020555

PROPOSAL TO DEFEAT CURRENT LEGISLATION ON BANNING TOBACCO ADVERTISING POLITICAL MOTIVATION II. BACKGROUND II1. GOAL AND OBJECTIVE IV. ACTION PLAN A. Network of Allies B. Activities V. CONCLUSION VI. APPENDICES A. Qualifications B. Key Resumes TI08020556

.EXE~ SUMMARY Miner & Fraser Public Affairs, Inc. proposes to undertake a grass-roots campaign based on two-way communication - an educational effort at the local level which in turn will lead to face-to-face dialogue between local community leaders and their members of Congress. Working under the direction and guidance of a legislative coordinator, appointed by the Inter-Association Council, Miner & Fraser will implement a comprehensive grass-roots plan based on activities and events on the national, state and local levels to fight legislation which bans all forms of tobacco advertising. Defeat federal legislation to ban tobacco advertising and prevent similar state and local initiatives through a grass-roots campaign. Objective: To identify and mobilize leading national and local lea~ers (ie. business and community leaders, newspaper owners and journalists) to actively participate in a targeted grass-roots campaign directly with members of Congress. Identifying influential business and community leaders is essential to this campaign. Miner & Fraser, utilizing the state and local grass-roots expertise of Bonner & Associates and through our paid state coordinators, will undertake the following activities as part of a proposed grass-roots strategy: • Identify local/state community and business leaders through telephone and on-site communication efforts and develop a data base of supporters • Select chairmen to be responsible for the statewide and local efforts • Participate in association meetings and conventions and sponsor specific events • Coordinate meetings between state and local chairmen and their legislators • Conduct statewide tours in major cities with b~siness and community leaders from the state • Place editorials in newspapers throughout the country TI08020557

• • F_~st and coordir~ support of state and k~cai organizations Compile and deliver resolutions signed by state and local organizmJons Conduct a letter-writing campaign, telegram effort and phone-in day Thero is a need for a grass-roots effort in order to defeat a ban on tobacco advertising. Legislators must understand that their constituents are opposed to an obstruction of their First Amendment rights and that an ad ban would infringe upon an American citizen's right to free speech. Based on a proven track record of winning similar tough issues, we know our plan will defeat any legislation banning tobacco advertising. Other successful grass-roots campaigns conducted include: Miner & Fraser was successful in its goal to defeat the labor law legislation after a successful coalition of some 60 associations was developed. The Caribbean Basin Initiative Coalition (CBI) legislation, with the assistance of Miner & Fraser, received the support of several business leaders, members of Congress and the media. The legislation was enacted. Bonner & Associates organized local coalitions of supporters to defeat amendments to the toxic air section of the Clean Air Act. The issue never came to a vote. The on-record support of key community leaders was secured by Bonner & Associates to retain deductibility of excise taxes. Full deductibility was retained. The grass-roots support generated by our campaign will defeat legislative attempts to ban tobacco advertising. T108020558

It is one thing to say to members of Congress that certain groups oppose particular legislation. It is another thing to ~rove that voters care strongly about an issue. Proving that local constituents will participate in activities opposing the ban on tobacco advertising is the key to this campaign. To win this issue, the coalition must demonstrate a depth of interest at the grass-roots level that goes beyond the usual techniques of grass-roots communication - sending out slick pre-printed "personal" letters for people to sign and send to Washington. This grass-roots campaign is designed to win this tough emotional issue in Washington. We know what has worked on similar emotion-charged issues when large majorities of the public have been perceived as opposing our positions. On this particular problem, it is critical that your grass-roots network be available for rapid (24 hour or less) response to changes in the legislative process. The action plan offers you these important options. With Miner & Fraser and its sub-contractor, Bonner & Associates, you will receive positive results. We can, and will, defeat the current legislation on banning tobacco advertising. TI08020559

On Jur~e 9, 1986, Rep. Mike Synar, D-Okla., introduced bill H.R. 4972 to ban all advertising and promotion for tobacc~ products. This is the first time in 16 years Congress has tried to legislate such activity - cigarette advertising on television and radio was banned in 1970. In 1984 Congress enacted legislation declaring cigarettes to be a major health problem. Public pressure is building toward a total ban on tobacco advertising. H.R. 4972 is similar to a draft proposed eadier in 1986 by the American Medical Association. The bill has been jointly referred to two subcommittees of the House Energy and Commerce Committee: the Subcommittee on Commerce, Transportation and Toudsm - chaired by Rep. James Flodo, D-N.J.; and the Subcommittee on Health and the Environment - chaired by Rep. Henry Waxman, D-Calif. There has been no companion bill introduced in the Senate. Preliminary Health and Environment Subcommittee hearings were held in mid-1986. Key advertising associations and tobacco industry leaders testified that advertising bans would not have the desired affect of reducing tobacco consumption, while medical experts testified to support the ban. At the hearings, pro-tobacco advertising witnesses referred to other countries' attempts to reduce consumption through advertising bans. For example: • Cigarette consumption in Italy, where a tobacco advertising ban has been law since 1962, has doubled. • Cigarette consumption in Taiwan has more than doubled since 1970 despite its advertising prohibition. The intent of the Synar bill is reflected in legislation introduced by Sen. Bill Bradley, D-N.J., which limits the deductibility of advertising expenses for tobacco products. T108020560

~, advectising tobecco or any other legal product is not wrong or harmful to Americans. Advertising can be extremely useful if it is designed to do the t~sk it is intended to do - inform the public, whose members can then exercise their freedom of choice. Advertising experts say a given level of advertising plays no part in determining the size of markets for products such as alcohol and tobacco. It is one of many variables that determine a market share. A recent Supreme Court case, Pos~da~ de Pt~orto Rico Associates v. Tourism Company of Puerto Rico, raises concern about the industry's Constitutional right to advertise legal products. The majority opinion, written by new Chief Justice William Rehnquist, restricts advertising Puerto Rican casinos, which are legal enterprises, to publications and broadcast stations geared toward non-resident audiences. In addition, the Supreme Court case Central Hudson (~S ~ El~ri~; v. Public Commission 9f NOw York established that truthful advertising could be banned only if such policy was to "directly advance" a governmental point of view. An advertising ban, as envisioned by the Synar and Bradley bills, works against the government's current policy - which is to inform consumers of the Surgeon General's warning on cigarette smoking being harmful to one's health. Through advertising, consumers can obtain information about a cigarette's content. Ironically, in countries where advertising has been banned, the consumption of low-tar cigarettes remain relatively low compared to that of high-tar cigarettes. When Congress convenes in January, the tobacco advertising ban will be considered. Because of the increasing controversy stirred up by both sides of the issue, the legislation will be a major issue for Congress during its first session. T108020561

III. GOAL AND OBJECTIVE GOAL OBJECTIVE: DEFEAT FEDERAL LEGISLATION TO BAN TOBACCO ADVERTISING AND PREVENT SIMILAR STATE AND LOCAL INITIATIVES THROUGH A GRASS-ROOTS CAMPAIGN To identify and mobilize leading national and local leaders (i.e. business and community leaders, newspaper owners and journalists) to actively participate in a targeted grass-roots campaign. T108020562

IV. ACTION PLAN This grass-roots campaign is a two-fold effort consisting of a national effort and a sta~e/]ocal effort. The campaign will be directed by a legislator coordinator, who will be appointed by the Inter-Association Council, will have control over timing and amount of response. Sensitive to the need for quick response and direction, this action plan can respond to changes in the legislative process within 24 hours. A. Network o~ Allle• In order to win this issue in Congress, we must immediately identify and gain the support of influential allies nationwide. This network of supporters should be as broad as possible so that the political strength of our message is unmistakable. It is essential that the network include the following types of national organizations: Advertising • Tobacco • Communications - Newspapers - Magazines - Broadcast • Free Speech/First Amendment - Civil Uberties - Academics • Agricultural • Product Related • Others - Corporations - Small Businesses - Lawyers Leaders of these groups, as wel! as business and community leaders and individual constituents, will be targeted to participate in our grass-roots effort, in addition, TI08020563

ORGA~IZATI O~AL CHART TOBACCO AD~ERTI SING INTER-ASSOCIATION COUNCIL LEGISLATIVE COORDINATOR * DEVISE AND COORDINATE LEGISLATIVE STRATEGY WITH MINER & FRASER MINER & FRASER PUBLIC AFFAIRS, INC. BONNER & ASSOCIATES * COORDINATE ALL ACTIVITIES AND COMMUNICATION STATE EFFORT AND LOCAL EFFORT t PAID STATE COORDINATOR STATE/LOCALCHAIRMAN CONDUCT: * PUBLICITY TOURS * TELEPHONE SURVEYS *MBETINGS WITH CONGRESSMEN * EDITORIAL BOARD RELATIONS * EDITORIAL PLACEMENTS * LEGISLATIVE RESOLUTIONS * PHONE-IN DAY PLANNING NATIONAL EFFORT CONDUCT: * COORDINATION WITH NATIONAL ASSOCIATION MEETINGS AND CONVENTIONS * PLACEMENT OF PRESS MATERIALS * SPECIAL MAILINGS TI0~020564