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Philip Morris

Tobacco Industry Front Groups

Date: 27 Jul 1993
Length: 8 pages
2023668619-2023668626
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SLAVITT,JOSHUA/OFFICE
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ORCH, ORGANIZATIONAL CHART
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2023668618/2023668781/Rhode Island Assist Meeting Materials 940125
Litigation
Stmn/Produced
Named Organization
American Cancer Society
American Smokers Alliance
Ashrae, American Society of Heating, Refrigerating + Air-Conditioning Engineers
Bagatalos Fadem
Beck
Bellfower Council
Beverly Hills Restaurant Assn
Bradshaws Restaurant
British Tobacco Inst
Ca Air Resources Board
Ca Business + Restaurant Alliance
Ca Restaurant Assn
Cal Stop
Californians Against Restrictive Legisla
Californians for Fair Business Policy
Californians for Fair Laws
Californians for Smokers Rights
Capital Research Center
Chino Hills City Council
Ciar, Center for Indoor Air Research
Colfax City Council
Ctr, Council for Tobacco Research
Daralyn Reed
Dolphin Media Group
El Dorado County Dept of Health
Env Services
Epa, Environmental Protection Agency
Fairness for Contra Costa County
George Mason Univ
Hbi, Healthy Buildings Intl
Hiltachk Bell
Los Angeles Times
Manatt Phelps
Natl Environmental Development Assn
Nielson Merksamer
North Lake Tahoe Chamber of Commerce
Ny Citizens for A Fair Economy
Oakley Chamber of Commerce
Ogilvy Mather
Pepsi Cola
Price Waterhouse
Ray Mcnally + Associates
Restaurants for A Sensible Voluntary Pol
RJR, R.J.Reynolds
Rocky Mountain Elk Foundation
Ron Reagan Show
Sacramentans for Fair Business Policy
Sacramento Restaurant Assn
Sacramento Restaurant Merchants Assn
San Diego Tavern + Restaurant Assn
Smokers Rights Alliance
Tahoe Douglas Chamber of Commerce
Tbp Political Consulting
Tds
TI, Tobacco Inst
Tobacco Industry Front Groups
Tobacco Inst of Hong Kong
Total Indoor Environmental Quality Coali
Tuff
Univ of Ca San Francisco
Walt Klein + Associates
Amador County Health Dept
Site
N340
Master ID
2023668618a/8780

Related Documents:
Named Person
Angus, D.
Bearce, R.
Beck, G.
Bedard, B.
Bell, C.H.
Bennett, J.T.
Brenton, D.
Byrne, L.
Chapman, W.
Clay, N.
Cleveland, K.
Cole, R.
Davidson, C.
Ducra, C.
Eisenberg, M.
Fadem, B.
Fluty, M.
Fogel, B.
Gambee, P.
Gatharum, K.
Gilson, R.
Gruemmer, P.
Hall, J.
Handman, S.
Harrison, E.B.
Hertz, B.W.
Hoffman, L.
Horton, L.
Hoy, J.
Hubbell, W.
Karger, F.
Keating, R.
Klein, W.
Kunkel, G.
Levoix, M.
Manolakas, S.
Mcwhorter, P.
Merrell, N.
Merrell, R.
Munz, E.
Nelson, J.R., J.R.
Padgett, R.
Price, B.
Pueyo, T.
Reed, D.E.
Repace, J.
Rhodes, K.
Roache, J.
Robertson, G.
Robertson, S.
Rogers, D.
Sandborn, T.
Sanders, K.
Sarokin, H.L.
Schuman, R.
Scott, T.
Seckler, J.
Sterling, T.
Street, A.
Tambling, D.
Taylor, E.
Turner, C.
Turner, S.
Wadsworth, L.
Author (Organization)
Americans for Nonsmokers Rights
Request
Stmn/R1-072
Stmn/R1-093
Date Loaded
05 Jun 1998
UCSF Legacy ID
hhh34e00

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Page 1: hhh34e00
74 47 eric~~ At 0 /l6 1&?Za 0 ~e~'1 I - 'IC ~~ Helping you breathe a little easier TOBACCO INDUSTRY FRONT GROUPS July 27,1993 New information is in italics. Individuals are listed at the end AMERICAN SMOKERS ALUANCE P.O. Box 189 Bellvue, Colorado 80512 (303) 484-6485 Representatives: Steve Handmart, Chairman The stated mission ofASA is to "eliminate discrimination against smokers of tobacco and' to defend and restore their equality. " THE BECK COMPANY 3700 Newport Boulevard, Suite 303B Newport Beach, California 92663 (714) 730-0662 FAX: (714) 723-0853 Representatives: Gary Beck The Beck Company calls itself a public, business, and governmentrelations fum Gary Beck attended a tobacco control conference inLos Angeles, where he admitted that he workedwithboth the California Business andRestaurant Alliance and the California Restaurant Association. CAL-STOP 1225 - 8th Street, Suite 350 Sacramento, California 95814 (916) 448-3585 Representatives: Paige Gruemmer This group, whose Sacramento office has the same ad- dress as the Tobacco Institute's Sacramento office, has called cities, including Pasadena, about tobacco control activities. The organizatiomis fighting San Diego's pro= posed smoking control ordinance, although they refuse to identify their funding sources. They work closely with the San Diego Tavernwd Restaurant Association, paying the consultant fee for Nildci Clay, a publicrelations consultant hired to represent SDTRA on a task force convened by the city council to negotiate the provisions of a pending smokefree ordinance. s-'~ ,... AECYbttO PAPER CALIFORNIANS AGAINST RESTRICTIVE LEG- ISLATION (C.A.R.L.) 2644 Garfield Avenue Carmichael, California 95608 (916) 486-3704 Representatives: Doris Angus, Lydon Byrne According to statements filed in Sacramento in Februaryof 1991, the organization's purpose is to "oppose and sup- port candidates and legislation, that supports the United States Constitution and the Bill ofRights." The president of the group is Doris Angus, the owner of a country club on the outskirts of Roseville. CARL was one of the main objectors of the Roseville ordinance. In the event of termination, remaining funds will be turned over to the Rocky Mountain Elk Foundation. Byrne is listed on campaign filing statements in Sacramento as the treasurer. Although they told the city of Roseville in July that they were a new local group, they filed as lobbying group with the Secretary of State on February 25, 1991. CALIFORNIA BUSINESS & RESTAURANT ALLIANCE 2265 Westwood Boulevard #481 Los Angeles, California 90064 (310) 474-7919 Representatives: Fred Karger, Peter Gambee, Tracy Scott, Tracy Sandborn, Kathy Gatharum, Chris Ducra, Auralee Street, Laura Hoffman, Barbara Price, Bill Chapman, Jeanette Roache SouthernCalifornia-based group active in opposing ordi- nances throughout California, including Walnut Creek, Contra Costa County, San Diego and Oakland. Karger initially began to gather information in Walnut Creek under RSVP's name before coming up with a new name. CBRA was founded by the Dolphin Media Group, a public relations firm which lists Philip Morris as one of its major clients. Karger is the Executive Vice President of 2023668619 2530 Sani Pablo Avenue, Suite J• B'erkeley, Califofnia 94702 •('S10) 841-3032 / FAX (510) 84i11-7702
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. 4W the Dolphin Media Group, and Chief Executive Officer of CBRA. CBRA was originally located on the same floor as the Dolphin Group, and they shared a fax number. W hen their connection became too obvious, CB RA moved its offices, and the Dolphin Media Group now claims to have never heard of CBRA. Before obvious ties were severed, secretaries transfered telephone calls from one group tothe other. The Dolphin Group picks up the tab for many of CBRA's expenses. For example, when Tracy Scott testified in Marin County on CBRA's behalf, her hotei'reservations were made under the Dolphin Group's name. Although Karger claims local restaurant owners ask for his help, local businesses have reported that he approachs them offering to provide any necessary help to oppose ordinances. Local businesses state that he has helped them for free. Karger and other representatives initially refused to reveal the source of his income. How - ever, Tracy Scotthasrepeatedly admittedthat atleast 20% of their revenues come from the tobacco industry. Al- though she said that the rest of their funds come from restaurants, many restaurants that have atte nded meeting s set up by CBRA say that they have never been asked to make a contribution. Karger now admits that CBRA receives funding from the tobacco industry. A spokes- woman forPhilip Morris told the LosAngeles Times that the company employs Dolphin Media, and that Philip Morris is a "member" of CBRA. Karger and Gambee formerly denied any connection to RSVP, but CBRA receptionists have taken telephone messages for Rudy Cole, and Karger privately admitted that Cole suggested that he set up CB RA. In addition, Cole presented a report which he claimed RSVP had prepared. The report was written by Peter Gambee of CBRA, indicating that the distinction between CBRA and RSVP is merely cosmetic. This report, alleging loss of business to restaurants in Bellflower, has been circulated through- outthe state witha new cover sheetimplying thatthe study was commissioned at the request of the Mayor of B ellfower. In fact, the Mayor and the Council conducted their own study which found no loss of business. Kathy Gatharum, who works in Los Angeles, claimed' to have an extensive "network" of "informants" through- out California: most likely individuals who call Philip Morris or RJ Reynolds' "Smokers' Hotlines" and whose information is passed on to CBRA. She claimed that the Madera city clerk had sent her a notice about a proposed ordinance, but the clerk denies sending anyone a notice. The organization has an enormous travel budget; Karger and Gambee, both from Los Angeles, are in Northern California regularly, and Gathanim offered to fly within 24 hours to a small town in Central California Their budget cannot be sustained by the dues of the few restaurants who make token donations. • CBRA has ghostwritten several anti-ordinance let- ters, which they have sent to locally elected officials in California. In December of 1991, CBRA wrote a letter signedbythe mayorof WalnutCreek andacouncilmember in Martinez. Both cities are in Contra Costa County, California, and both had passed 100% smokefree restau- rant ordinances. The letter encouraged councilmembers in other cities to oppose a similar ordinance. The two councilmembers admitted that CBRA asked them to write the letter. In July of 1992, the Oakley Chamber of Commerce mailed a similar letter to locall y elected officials i n Califor- nia. The letter falsely claimed that smokefree restaurant ordinances in Contra Costa County were a disaster. The letters were postmarked in Baton Rouge, Louisiana, and the author, Linda Wadsworth, later admitted that she simply signed a letter written by CBRA. . A similar letter appeared in September of 1992, when newly-elected Bellflower Councilmembers Ruth Gilson and Ken Cleveland sent a letter to almost every locally- elected official in the state. The letter stated that the Beilflower ordinance had hurt restaurant sales-even though both councilmembers had conceded that there was noevidenceofeconomichardshipwhenthey repealedtheir ordinance. RuthGiisonadmittedtoreportersthattheletter .was written and mailed!by CBRA. Gary Beck of the Beck Company recently admitted that he works with both the CBRA and the California Restaurant Associatf on, which previously denied any con- nection to CBRA. Jeaneue Roache, the San Diego representative for CBRA, is also on the board of the San Diego Tavern and RestaurantAssociation (seealso CAUSTOP). Ms. Roache is coordinating the distribution of the Price Waterhouse study on economic impact of a smokefree San Diego ordi4ance, sponsored by the SDTRA. CBRA representatives are involved in the referen- dum drive against the Los Angeles restaurant ordinance, enacted in June of 1993. Fred Karger (CEO for CBRA and Executive V.P. for Dolphin Media) is listed as a contact person on papers filed with the city clerk; and Cary Davidson (CFO and Secretary of CBRA) is one of five official sponsors of the referendum: 2oZ3sf 8s2o ~
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CALIFORNIANS FOR FAIR BUSINESS POLICY The Daralyn Reed Company 1441 Fourth Street Santa Monica, California 90401 (213) 319-0412 Representatives: Bradley Hertz, Daralyn E. Reed Originally Sacramentans forFair Business Policy (SFBP), this group changed its name and became a statewide group on February 25, 1991. Their filing statements explicitly indicate that they are "sponsored by Tobacco Manufac- turers, Wholesalers and Restaurants." The group filed documents disbanding the organization the early part of 1993: As Sacramentans for a Fair Business Policy, the group fought the Sacramento City and County ordinances and spent more than $300,000 in tobacco money to gather signatures for a referendum'drive. They succeeded ia stalling the county ordinance, which was placed on the June 1992ballot, butfailed to gather enough signatures for the city ordinance. T'im Pueyo, who was listed as President of SFBP, is a consultant to the tobacco industry. The organization's original address on campaign filing statements was the same as the lawfirm of Nielson, Merksamer, Hodgson, Parrinello & Mueller, which does extensive work for the tobacco industry and has received more than $1 million from the industry since 1988. SFBP's treasurer, Charles H. Bell, works for Nielson Merksamer. Shortly after changing their name to CFBP, Bell was dropped as treasurer and Daralyn E. Reed was added. The Daralyn Reed Company appears to be an~ intermediary g.roup responsible for filing campaign statements and concealing who CFPB's true representatives are. Bradley Hertz, who is listed on filing statements as a political consultant, now represents the organization to the press. Hertz personally coordinated the campaign against Long Beach's ordi- nance, and assisted in all of the other referenda campaigns in California. According to filing statements, the organization was founded to "Support and/or oppose the qualification and passage ofreferenda andinitiative measures determined to be in the best interests of the organization's policies and objectives - to ensure the adoption and maintenance of fairbusiness policies by governmental agenciesinCalifor- nia." From 1990 through June of 1992, CFBP spent $2,308,447 helping referenda campaigns to repeal smok- ing control ordinances qualify for the ballot, and funding opposition campaigns once they qualified (in Sacramento County , Visalia, Long B each , Sacramento City, Oroville, El Dorado County, Paradise, and Sebastopol). CALIFORNIANS FOR FAIR LAWS P.O. Box 3135 571 Cuesta Drive San Luis Obispo, California 93405 (805) 343-5480 Representatives: Ron Bearce, Gary Kunkel Based in San Luis Obispo, but claims to be based state- wide. They worked against Walnut Creek ordinance and S.B. 93 in 1991. CALIFORNIANS FOR SMOKERS' RIGHTS P.O. Box 19022 Sacramento, California 95819 Representatives: Bob Merrell CSR recently used tobacco industry mailing lists in an effort to launch a new organization with the appearance of being a low-budget, grass roots public interest group supporting smokers. The group requests a nominal $5 membership fee, ostensibly to open a Sacramento office but probably only to be able to claim that they are funded by their members. The group is registered with the Secretary of State as a "Mutual Benefit" (rather than "Public Benefit") nonprofit. However, the federal govern- ment apparently has no record of them as a nonprofit organization for tax purposes. Although the group claims to be independent of the tobacco industry, they have used the industry's mailing lists, and they apparently have connections with Califor- nians forFair Business Policy, which receives virtually all of its funding from the tobacco industry.. For example, Naylane Merrell, an officer of CSR and believed to be Bob Merrell's wife (the current CSR President), received $1,500 from CFBP to collect voter signatures for a referendum drive. CSR is not yet registered as a lobbying group or a nonprofit in California, but it may take some time for their documents to be processed. In March of 1992, CSR sent a mailing to its members in Los Angeles trying to generate "grass roots" opposition to the proposed ordinance. The alerts were personalized by council district. Although the organization claims to be based in Sacramento, the return address on the L.A. alert was 12226 Victory Blvd., Suite 332, North Hollywood, 91606. CSR may have ties wittl TBP Political Consulting, a group with documented ties to RJR. TBP apparently paid for a March 1993 CSR mailing in San Mateo County, CA. ~ In February of 1993, at least 15 local health depart- N ments received California Public Records Act requests, ~ signed by local citizens, but identical to one another 1M down to the typos. Each letter was accompanied by a $50 a) personal check The letter requested copies of the 00 3 N N
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agencies' workplans and subcontractor scopes of work CSR directed this activity (all letter writers were CSR members), with the assistance of the law, firm Hiltachk & Bell: Hiltachk & Bell have strong ties to the tobacco industry. Charles Bell was the f rst treasurer of the front group Californians for Fair Business Policy, and both Hiltachk & Bell were formally attorneys at the lawfirm Nielsen, Merksamer et al, a lawfirm which has recieved over $1.5 million from the Tobacco Institute, RJR and Philip Morris. Based on information gathered by re- sponses to the CPRA letter, CSR has launched an anti- Prop 99 campaign in the media, accusing programs of misspending tobacco tax funds. CAPITOL RESEARCH CENTER Representatives: James T. Bennett James T. Bennett, a George Mason University professor,, recently launched a vehement attack against the American Cancer Society and other voluntary health associations. He was funded by the Capitol Research Center to conduct the studies upon which~ his attacks are based. CRC has always been very careful to avoid directly answering whether or not they receive funding from the tobacco industry, but Philip Morris has now been identified as a major contributor. CENTER FOR INDOOR AIR RESEARCH Representatives: Dr. Max Eisenberg, director According to the director, this group receives generous funding from the tobacco industry: "[T]here's no question that a predominant portion of the budget is from tobacco- related interests," Eisenberg himself admits. In exchange,. they produce studies that the industry uses in public relations campaigns. COUNCIL FOR TOBACCO RESEARCH The Council for Tobacco Research has served as the tobacco industry's research arm since 1954. Although the Council claims to be independent ofthe tobacco industry's control„U.S. District Judge H. Lee Sarokinj after review- ing a sampling of CTR documents, recently ruled that the organization has served as a "front" and "shield" for the tobacco industry againstlawsuits andCongressional hear- ings dealing with smoking. CTR has served'to create the impression that studies proving the health hazards of smoking and secondhand are "controversial" and "incon- clusive." The Council has a secret "special projects" division rua by tobacco industry attorneys, which assessed re- search in order to identify expert witnesses who would testify on behalf of the tobacco industry at court trials and hearings. Judge Sarokin ruled that CTR's research was "nothing but a public relations ploy-a fraud-to deflect the growing evidence against the [tobacco] industry, to encourage smokers to continue and nonsmokers to begin, and to reassure the public that adverse information would be disclosed." Federal prosecutors have issued subpoenas for CTR's documents, and criminal fraud charges may be forthcoming. THE DOLPHIN MEDIA GROUP 1225 Eighth Street, Suite 425 Sacramento, California 95814 (916) 441-4383 FAX: (916) 441-4132 1047 Gayley Avenue Los Angeles, California 90024 (213) 208-6686 Representatives: Ft ed Karger, Robert Padgett The Dolphin Media Group, a public relations firm which lists Philip Morris prominently among its clients, is the founderoftheCaliforniaBusiness andRestaurantAlliance. Karger, the Executive Vice President of the Dolphin Group, is the ChiefExecutive Officer and primary lobbyist for CBRA. Robert Padgett has telephoned cities and organizations on behalf of the Dolphin Group. Although staff denies any connection to the tobacco industry, literatiue from the company itselfproudly andprominently lists Phiiip Morris second on its listof clients. The Dolphin Group originally shared a Los Angeles office and fax machine with CBRA. FAIRNESS FOR CONTRA COSTA COUNTY 3301 Buchanan Road #70 Antioch, California 94509 Representative: Jan Hall Established through R.J. Reynolds' toll-free number. Codings on mailing labels match those used by RJR, but return address is that of Jan Hall's house trailer in Antioch Hall has admitted to using RJR's toll-free number, but refusedtobe interviewedby alocal newspaper, saying that she was told not to say anything. HEALTHY BUILDIN, GS INTERNATIONAL Representatives: Gray Robertson, Simon Turner This organization describes itself as impartial consultants on indoor air quality, which advises companies on how to make air cleaner. In its ten years of making inspections, the organization has never advised a company to go smoke- free. Robertson has admitted that the organization re- ceives about 20% of its income from the tobacco industry, 4 2023668622
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but former-employee Jeff Seckler says that it is much higher-higher than 50%. Robertson even told Seckler, "[M]yPersonal net worth has been significantly increased over the past several years as a result of our involvement with the tobacco industry." Seckler says that 90% of the work he did was for the Tobacco Institute. The industry pays HBI to travel and testify before legislators todownplay the significance of secondhand smoke. When Pepsi Cola headquarters went smokefree after consulting with HBI, the consultants had to prove to Philip Morris that they recommended against a smoking ban-indicating that the tobacco industry's influence over HBI is greater than the organization will admit Seckler reports that the tobacco industry has editorial control over HBI's magazine. A Philip Morris executive once ordered an issue redone after 50,000 issues had been printed because she didn't like tan article. One of their international spokespersons, Simon Turner, is the son~ of Clive Turner, former head of the British Tobacco Institute and current head of the Tobacco Institute of Hong Kong. WALT KLEIN' & ASSOCIATES 200 Brookstown Avenue #300 Winston-Salem, North Carolina 27102 Representatives: Wait Klein, Kirk Sanders An organization which apparentlyspecialfzes in conduct- ing surveys, referenda signature-gathering, and related activities, Walt Klein & Associates has been calling city council s throughout C aliforni a to determine whe n smo ki ng legislation will be on the agenda. Representatives will sometimes leave only their names and address, or call their organization WKA. They have received at least $50,000 for Californians for Fair Business Policy, atobacco indus- try front group funded almost exclusively by the tobacco industry. NEW YORK CITIZENS FOR A FAIR ECONOMY Representatives: Raymond Keating, Director An organization formed to oppose a proposed increase in the state's excise tax on cigarettes. The organization received nearly $100,000 in funding from Philip Morris. RAY MCNALLY AND ASSOCIATES 1817 Capitol Avenue, Suite A Sacramento, California 95814 Representatives: Diann Rogers Philip Morris, the largest tobacco company in the U.S., is a client of Ray McNally & Associates. Diann Rogers sent personalized letters on Ray McNally letterhead to direc- tors of all Health Departments in California requesting that information on pending ordinances be sent to Rogers at Ray McNally and Associates, a public relations firm. She has worked with the Tahoe-Douglas Chamber of Com- merce, and met with the El Dorado County Department of Health to offer a tobacco industry compromise smoking ordinance. At the meeting, she claimed to represent the Sacramento Restaurant Association and gave their ad- dress and phone number as a place where she could be reached. She has worked with the Sacramento Restaurant Merchants Association , and has enlisted the help of Dr. Edward Munz of ENV Services to do indoor air samples and analyses comparing air quality in smoking and non- smoking restaurants. She has met with County Supervi- sors, along with Patrick McWhorter of the Tobacco Insti- tute, to oppose local smoking ordinances. The firm supported the referendum against the Paradise smoking ordinance (Butte County), California and other areas. Linda Horton, a local woman who led the opposition in Paradise, claims no contact with Ray McNally & Associ- ates, but has distributed information to the city council with McNally's return address on it Identical information was provided to the Colfax (Placer County) City Council. NATIONAL ENVIRONMENTAL DEVELOPMENT ASSOCIATION/TOTAL INDOOR ENVIRONMEN- TAL QUALITY COALITION Representatives: Sally Robertson, Ward Hubbell The National Environmental Development Association last year created the Total Indoor Environmental Quality Coalition, known as NEDA/TIEQ. R.J. Reynolds is an original corporate founder and member of NEDA/TIEQ. E. Bruce Harrison, a p.r. firm who represents RJR, created NEDA/I7EQ with funding from RJR. The p.r fcrm and NEDA/I'IEQ share the same phone number. In the press release announcing the organization's founding, the group claims that "the correlation between poor indoor environmental quality and adverse health effects hasn't been proven"-a common refrain of the tobacco industry. NEDA/rIEQ, like the tobacco industry, argues that more studies are needed before regulations of any indoor air contaminants (like tobacco smoke) are considered. RESTAURANTS FOR A SENSIBLE VOLUNTARY POLICY (RSVP) 5757 Wilshire Boulevard, 8th Floor ~ Los Angeles, California 90036 a Representatives: Rudy Cole, Erica Taylor N RSVP was founded byRudyCole in 1990 to fight the Los r Angeles smokefree ordinance. Rudy Cole, who is not a~ restaurant owner,,also founded the Beverly Hills Restau- ~ ~ U
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rant Association to oppose its smokefree ordinance in 1987. Barry Fogel, president of BHRA during its opposi- tion to the ordinance, states that Cole was their liaison to the tobacco industry, which helped pay their legal bills. Cole denies tobacco industry funding at city council hearings. However, in an interview with the Los Angeles Times, Cole stated "We do receive support from the tobacco industry ... and I would like to get more money from them, not less." Cole repeated this admission on the Ron Reagan show (11/15/'91). The Tobacco Institute states that RSVP is cosponsoring their "It's the Law" campaign, along with two tobacco vending machine asso- ciations. A genuine restaurant trade association has little or no involvement in over the counter cigarette sales, and would have no reason to be nvolved with the program. While fighting the 1990Los Angeles ordinance, RS VP claimed to represent 1,000 L.A. restaurants, but only 440 restaurants were on their membership list. Of those, 20% said they were not a member of RSVP, and 12% said they supported a smokefree restaurant ordinance. Many re- ported that they did not donate any money; those who did gave small contributions. RSVP hired Manatts Phelps, Rothenberg and Phillips, a law firm whose client list includes the Tobacco Institute. RSVP has also used the Tobacco Institute's PR firm Ogilvy & Mather. Cole often claims to represent restaurants actoss the state, but in Walnut Creek and other places, he admitted representing only Los Angeles restaurants. Cole claims that Beverly Hills restaurants lost 30% to 40% of their business during thetwomonths that a 100% ordinance was in effect, but he has never substantiated that figure. In fact,. a University of California, San Francisco study of sales tax data found no loss of revenue in Beverly Hills. RSVP claims to be a nonprofit, but is not registered as such with the state for tax purposes. The state also has no record of RS VP as a nonprofit organization. Cole is not a registeredlobbyistin SacramentoorLos Angeles, and does not need to reveal his funding sources. However, he has lobbyed in Sacramento on state legislation. Although he tells cities they will lose business unless restaurantilegisla- tion is uniform throughout the state, he tells Sacramento legislators that the state will lose business unless there is a uniform national law. Erica Taylor has also identified herself over the telephone to the Placer County Tobacco Control Program as being with RSVP. SACRAMENTO RESTAURANT MERCHANTS ASSOCIATION Representatives: Diann Rogers, Sam Manolakas This group is not part of the Sacramento Restaurant Association, which is a local chapter. of the California Restaurant Association. Rogers works for Ray McNally & Associates, a public relations firm in Sacramento. Manolakas has connections with Tim Pueyo and is also involved with Sacramentans for a Fair_Business Policy. The group is working with Dr. Edward Munz of ENV Services to conduct indoor air quality studies comparing smoking and nonsmoking restaurants. The organization appears to be run out of the offices of the public relations firm Ray McNally & Associates, since office staff is able to transfer calls to Ray McNally & Associates, and the two organizations share a fax number. TBP POLITICAL CONSULTING 2435 Polk Street, Suite 8 San Francisco, California 94109 (415) 474-6295 or (800) 333-8683 Representatives: Tim Pueyo Pueyo has admitted to the press that he works for the tobacco industry. In 1990, Pueyo was one of several consultants who helped R.J. Reynolds organize smokers in 230 communities around the country. In Eureka and other Northern California cities, Pueyo told smokers to call him if an ordinance was introduced so that he could help them fight it. He warned them to deny that RJ. Reynolds was involved, and to tell the media that they had spontaneously organized to protecttheir rights. He was listed as president of Sacramentans for Fair Business Policy, which is now Californians for Fair Business Policy, and he loaned $1,200 to TUFF in Lodi, the organization which attempted to defeat the ordinance after it had been placed on the ballot. Californians for Fair Business Policy, which receives 99.8% of its income from the tobacco industry, paid Pueyo $23,068 during the first six months of 1991 alone. A July 19921etter from RJ Reynolds indicates that Pueyo continues to represent the tobacco industry in organizing "smokers' rights" groups. In March 1993, TBP apparently paid for a mailing on Californians for Smokers' Rights letterhead in San Mateo County, California. SMOKER'S RIGHTS'ALLIANCE, INC. 20 East Main Street, Suite 710 Mesa, Arizona 85201 Representatives: David Brenton, President (602) 461-8882 or (800) 562-7444 Stated purpose of the organization is "preserving rights of smokers chosen lifestyle without unnecessary interfer- ence by government. " 2023668624 6
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TDS, LIMITED Representatives: Theodore Sterling TDS, Ltd., is an indoor air consulting fiim in Vancouver, British Columbia. According to Tim Repace of the Envi- ronmental Protection Agency, TDS's job "is to infiltrate groups like the American Society of Heating, Refrigerat- ing and Air Conditioning Engineers, which sets IAQ standards, and represent the tobacco industry interests without appearing to." Bradley W. Hertz 15223 Magnolia Boulevard, Suite A Sherman Oaks, California 91403 (818) 789-3322 FAX: (818) 789-4995 Received $3,239.51 from Californians for Fair Business Policy (CFPB) in consulting fees. Hertz coordinated the Long Beach referendum drive, and attendedevery hearing but did not testify. According to Barry Fadem, an attorney with Bagatalos & Fadem (aSan Francisco law firm which has represented the tobacco industry for many years and which receives a great deal of money from CFBP), Hertz is the official spokesperson for CFBP. His answering machine has a message indicating that it is for CFBP. John Hoy 3208 Cahuenga Boulevard West #162 Los Angeles, California 90068 (213) 874-3036 or (800) 333-8683 Identifiedin a July 1992 letter from RJ Reynolds' as being one of three of their representatives who organize "smok- ers' rights" groups in California. The toll-free number provided with his name is for RJR. Dr. Maurice Levoix For the past two years, Dr. Levoix has repeatedly testified against smoking restrictions, claiming that the studies demonstrating the health risks of passive smoking are flawed and inconclusive. In October of 1992, when questioned during testimony before the California Air Resources Board, Dr. Levoix finally admitted thathe received funding from the tobacco industry. Sam Manolakes Owner of Bradshaws Restaurant in Sacramento County, and a leader of Sacramentans for Fair Business Policy. Recently has been working in El Dorado County and Roseville to organize b usiness community against proposed smoking ordinance. He is also involved with Diann Rogers and the Sacramento Restaurant Merchants Association. Pat McWhorter Tobacco Institute 1-800-4543543 Met with El Dorado County Department of Health along with Diann Rogers and Sam Manolakes. Probably the source of the tobacco industry compromise ordinance that has circulated in El Dorado and Placer Counties. He has also contacted the Amador County Health Department, and may be working in other areas in the state as well. John Nelson 2320 Hooke Way Sacramento, CA 94822 Nelson contacted the Chino Hills City Clerk, seeking information on the sponsor of a smokefree ordinance pending in Chino Hills. Specifically, he wanted informa- tion on her campaign expenditures. Nelson also traveled from Sacramento to Southern California to attend a Chino Hills city council meeting. The name John R. Nelson, Jr. appears on an April 2, 1992 Tobacco Institute memo regarding the victory of the Paradise smokefree ballot measure. Kent Rhodes 5400 Front Street Rocklin, CA 95677 632-2525 Provided tobacco industry ordinance identical to one distributed in El Dorado County by Placer County Super- visor Mike Fluty. Evidently also working with Bev Bedardof the North Lake Tahoe Chamber of Commerce, who wants the Tahoe area to be exempt from any smoking ordinance. Connection to tobacco industry is obscure. Robert Schuman 2307 Galveston Street San Diego, California 92110 (619) 276-5808 or (800) 333-8683 Robert Schuman is identified in a RJ Reynolds letter as one of three representatives who organize "smokers' rights" groups in California. The toll-free number is for RJR. Dave Tambling 5690 DTC Boulevard #315 Englewood, Colorado 80111 Dave Tambling has called city councils across California asking about proposed tobacco control policies. He appears to work for a research firm that represents the tobacco industry. 2023668625
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Lortlfard Brown & Loews Williamson I t Philip Morris Tobacco institute ~~ RJ Reynolds r-N Dolphin Media Group California Business & Restaurant Alliance Fred Karger San Diego Tavern and Restaurant Guild Los Angeles Hospitality Association sz9899czoz Brad Hertz Californians for Fair Business Policy 10- Cal-.Stop CI t_* Bagatellos & Fadem C1 Californians for Smokers' Rights F1 Hiltachk & Bell • Glenn Williams Neilson, Merksamer Prepared by Americans for Nonsmokers' Rights, October 1993

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