Tobacco Documents Online

V# oW- Tt, Date: 01/17/92 From: Joshua Slavitt JSLAVITT To: Jack Nelson Ted Lattanzio ~ Tina Walls ~; cc: Derek Crawford Subject: Counter Assist Plan Principle Concerns: ~ DSVPMUSA I \ JNELSON - DSVPMUSA TLATTP.NZ - DSVPMUSA TWALLS - DSVPMUSA DLCRAWFO - DSVPMUSA -- ASSIST provides Secretary S~Ullivan with a vehicle to implement his model tobacco regulation bill in 17 targeted states. Though denied in the ASSIST press materials, it is clear that ASSIST funds will be used to lobby state and local public officials. -- Over the next 7 years $135million dollars will be.allocated. HHS estimates that $105 will actually be used for ASSIST program objectives. 1991 to 1993 will be used to organize volunteers, track targeted smoking groups and get projects ready for implementation. While $135 million is the magic number being used, it is likely that other HHS departments will be used to supplement ASSIST funding. -- ASSIST dollars will be channeled through state and local Deptartments of Health to develop counter-tobacco education programs - including Prop. 99-type ads - school curriculums, and restrictions on our sales and marketing practices. -- The National Cancer Institute will be coordinating ASSIST through ACS who claims to be putting up $25-30 million of its own funding as well as staff, volunteers and other anti-smoking activitists (i.e. Coalition on Smoking OR Health). industry Response: There are number of opportunities to disrupt ASSIST funding. 1) Congressional Investigation: organizations could get involved. This should be coordinated with the Washington office. While Senator McConnell sent letters to Sununu and Darman, this has been the only activity I am aware of to investigate the ASSIST project. A more thorough investigation should be launched, particularly-: in terms of the NCI/ACS relationship and the use of federal funds for state and local lobbying purposes. With the current budget debate in Washington, this would be a good time to launch an investigation. Various tax and fiscally-resporgible 2 ) Legal Chal lenges : 2023916866 Washington Legal Foundation/other groups could at the same 0 °''"' . y -~

time launch concurrent injunctive challenges in ASSiST states to stop dispersal of funds while the Congressional investigation is going on as well as to determine whether program violates Federal or state ethics/lobbying laws. Charitable Reform This may also afford us an opportunity to expand what charitable organizations can do under their charters. we may-ha, ed by Da ' 32 94DZ;Ekr an ASSIST state). 4) Use of Health Advocacy Groups the debate on non-profit v'' 6 odet-iA-Il (, 1'c, .. ,. cein n , At both the state and Federal levels a number of Health Advocacy groups could also attack Sullivan for failing to address major health care issues - AIDS, pre-natal, teen-pregnancy, affordable health care, child immunization - instead of wasting, more Federal dollars on anti-smoking programs. Economic Organization Activity at the State Level: Local anti-tax groups could also weigh in because the program will affect budgets by adding state DoH jobs with many ASSIST states looking to reduce major deficits. The anti's own materials could be used against them: particularly the Surgeon General's claim that 90% of smokers do not require assistance in quitting smoking and smoking incidence is continuing to decline. If the vast majority of smokers can stop on their own, they don't need federally funded medical programs to help them. 6) Tobacco Industry Activities: C ~..~ ~ Also, as a major goal of ASSIST is to reduce youth incidence, the tobacco industry could also offer our own youth initiatives with Tobacco Helping youth Say No;, and the COURSE Consortium, (once a curriculum is developed) and suggest that further Federal or state funding is not needed for youth anti-smoking campaigns. I believe that these are the most effective means of disrupting ASSIST. I welcome your comments. ~ ~ ~ W ~ ~ ~ ~ ~