Tobacco Documents Online

It's the Law Discussion Paper Issue Back rg ound 1) Youth access to tobacco products has become the anti-smoking movement's principle argument in seeking to impose further restrictions on tobacco sales and marketing practices - primarily vending, self-service, brand promotions and advertising. It also serves as another reason for the anti-smoking movement to call for increased excise taxes in the belief that it would price the product beyond the minor's reach. 1990-1993 Legislation on Tobacco Marketing Activities (Approved Bills): - Billboard Advertising Restrictions: State - 5 Bills; Local 21 Bills - Vending Bans: State 0 Bills ; Local - 57 Bills - Vending Restrictions: State - 23 Bills; Local 178 Bills - Self Service Display Bans: State - 0 Bills; Local 20 Bills - Sampling Bans: State - 3 Bills; Local - 68 Bills - Coupon Bans: State - 3 Bills; Local - 40 Bills 2) In 1992, Congress passed the Alcohol Drug Abuse and Mental Health Administration Reorganization Act (ADAMHA). This act mandates that states must enforce minimum age sales laws for tobacco products in order to receive more than $1.2 billion in substance abuse block grants. As a result of this act, every state is now closely examining enforcement and compliance standards concerning the sale of tobacco products to minors. There is also widespread belief among state and local elected officials that retailers are routinely violating the minimum age law and selling cigarettes to minors. In turn, anti-smoking groups are calling for further tobacco sales and marketing restrictions as a method of compliance. 3) While current industry programs are credible, they are not coordinated from a national perspective. The most widely recognized program is "It's the Law." More than 130 retail and wholesale organizations have endorsed this program, yet there are still a large number of retailers who do not display the program's materials. With the heightened scrutiny surrounding underage pui'chases, it is critical that this issue be addressed. 4) In Pennsylvania, instead of passing a law to fine youth who purchase tobacco products, it was proposed that police officers fine youth for littering when they crush cigarette butts on the ground. As long as the minor who purchases tobacco can commit this crime with impunity, the focus of compliance by government and anti-tobacco groups will be on the retailer.

Program Evaluation "It's the Law"' was launched in 1989. Although 1.2 million pieces of ITL materials have been since distributed to retailers nationwide, there appears to be very low recognition and support for the program, particularly in large metropolitan areas. The program however, has recognition and support in some parts of the country, such as New England. , h~ A full evaluation, of the existing program is warranted, including the following: 1)~ Evaluate the effectiveness to date of the materials and messages. Retail Recognition and Use -~ V.lrv~c~ ~-~`~~I ~ Customer Recognition and Respect ( I Ipn - W-0 ~- riJLt~I - --'Lix4 0-N Legislative and Press Recognition/Credibility Credibility of Industry Messages on Youth Issue Meet with TI for historical perspective and activity and to determine their level of involvement from this point forward. Note: A meeting was held at which time it was determined that, although they are most willing to help in anyway possible, due to budgetary constraints, they have no plans to move this program forward and welcome our effort to do so. which can carry us forward for a few more months, untill we put our plan into action. Obtain~ list/database status. Note: The list is maintained by a fulfillment house just outside of DC. There are 50,000 records on this file which is presently being cleaned with the undeliverables from the recent Newsline mailing. We cannot say with certainty how many of the names on this database actually participate in the program. Further, the PM account list numbers 200,000. 3) Obtain inventory of all materials. Note: We have such an inventory, Define our meaning of "participation" in the program. ~

Allies/Coalition Devel4pment Following are the groups that have shown support of ITL in the past: 1) NACS (National Association of Convenience Stores) 2) AMOA (Amusement and Music Operators Association) 3) See attached list of state associations In addition to the groups that already support ITL, we need to identify additional organizations to assist in educating the retailers as well as the level of involvement from each one. Types of associations include the following...are there any others7: 1) St ate law, enforcement agencies and Patrolmen's Associations. (NL~C - Cc2",~ (D evelop a program: Write a fine-Give an ITL kit. Also, work with - \ p 2) N 3) LE 4) F 5) N 6) Fo 7) D 8) N 9) N 10) N olice to quantify actual underage sales by retailers on a state basis.) OBLE (National Organization of Black Law Enforcement). AA (Law Enforcement Assoc of America) OP (Fraternal Order of Police) ACP (National Association of Chiefs of Police) od Marketing Institute (FMI) ISCUS (Distilled Spirits Council of the US) ational Liquor Dealers ational Beverage Association UABA (National United Affiliated Beverage Association). 11) St ate Licensed Beverage Associations 12) N ational Advisory Group 13) N ational Grocer's Association ~ s ~ ~~~n~c Chbf CNVr(2kce ~ J"~~~ ~ ~50G C~ (-(D.)C) ~~' C~ LQ c~ oC W~lJ J- YJ~I~; ~c ~' fvl.K~~ tCNIA~ ~L~

Resources We need to identify all potential avenues of support. We should first explore our relationships within PM to determine mutual allies, and then look to external relationships. Internal resources may Include: 1) PMi Sales (consider a policy of "3 Strikes and Out"; that is, we will not sell our product to customers who break this law 3 times. ) 2) PM Sales Force (29@,000 accounts) J,(CQ 3 k n;0 3) National counts Management- t~At~s u~ 1~ nce~ , ,~- ' 4) ~-Retail and olesale Masters Programs ~ `~ __ ~ ~ ~ 5) Public Affairs PMCI r ~~`~'~~~ 6) Marketing - I ~Y~ D55 7) Miller Brewing Comp na y ~ C. ~ \ <s-,~,~ ~ z,~~, AA o~1~c~s External resources may include: 1) RJR 3 )v 2) TI ~~~,~~ ~~ Z~, ~ ~' 3) B&W 6o cco ~ ~ Ir~`~ ~ 4) 5) Lorillard U ST `J 6) Smokeless Council r- 7) State Regulatory Agencies Co ion fpq . ~ In ~ 8) NSA I~CGu~ TL. uPa t ~- tiuo -~1,, II' ~,~ atK~ ~ (pb oICC~3 , , - We also need to obtain examples of other industries' responsible marketing j activity including the beer industry's responsible drinking program. Gathering physical samples will help us to evaluate and learn from others' efforts and compare with our own. We have examples of Miller's materials-are there ot~hers available? ~ ~ ~a ,"= .4,AAc N O N W C!1 ~ .~ ~ O G~

Enlistment Once we identify the allies and retailers we wish to enlist, we need to determine how we will approach them for their support. Depending on the nature and size of the group, this could include: 1) Direct mail 2) One-on-one meetings 3 ) Trade shows 4) Advertising 5 ) Publicity Educational Materials Possible vehicles for educating associations and retailers. and enlisting their support, includ ; Ern{~l 1) brochure "the program, tac~fL (6oc1C_~,~ 4Ciw-~ J • ~ ~s Q _ lk~iCs~ 2) newsletter _ JCSIYL''- - 7/ v1ucV ~•u1 LL'~lL QI~ 4) seminar ~~bU~cCik . , 'C ~¢J~ ~,~r C~C~ C.1 ~~rc Q l' ~yi rniJ61 uu~c~S . ciF ~+uucu-valuc 1110.1C11Q1J IXLLl 1111.1UtiC. ~ .I KQAy,VC(~1:) IT1,~ 1S7 c.tcs uvmk4s. 1) tip cards 2) sting poster 3) printed signs of legally-required language by the state (for example, NY state requires retailers to post a specific message and that it be red copy on a white background with lettering 1/2° high) 4) state code We also need to consider whether any of these materials should be produced in other languagEs. Communications We need to develop a communications program that covers both publicity and paid advertising. ~/. 1) Messages need to be developed including: c` „n." ( ~vcsb ~~,, •Consequences of not enforcing the law _ bc~d Pr ~ ~ ~ •Trends •Advantages of posting ITL decal ~ (For example, "It puts the customer on notice that the government has 0 put the retailer on notice that it is against the law...") ~ 'Added value to participating in ITL ~ ~ ~. ~ © ~

2) Publicity •Case history of retailer caught in sting operation in a state that subsequently passed punitive regulation. •LI story of retailer sent to jail for selling cigarettes to minor. •Pre, during and post publicity of all seminars. •Utilize internal vehicles including The Force, The Globe, The Advocate, Newsline. 3 ) Advertising •Develop media plan to support state activities. •Consider cable tv ads-local access or remnant. 4) Spokespersons •ID spokespersons from participants list and allies. 5) Clarify funding sources for plan implementation as well as identify some non-traditional ones. L4II&teIffi 1) Work with trade marketing and national accounts managers to consider scanner technology that prompts retailer to check identification when customer purchases cigarettes.