RJ Reynolds
State Government Relations Legislative Counsel Briefing Book 1990-91 (900000-910000). 7. Blueprint for Success Countdown 2000. Ten Years to A Tobacco-Free America.
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- Referenced Document
- Blueprint for Success. Public Health Cigarette Act of 1969 (690000). New York State Clean Indoor Air Act. National Health Interview Surveys. Final Report of the 1989 (890000) Tobacco Use in America Conference. Bill of Rights. United States Constitution. C
- Date Loaded
- 27 Feb 1998
- Named Person
- Lemaistre Cauniv, O.F. Tx
- Anderson Cancer Center
- Tuckson, R.V.
- American Lung
- March, O.F. Dimes
- Dc Public Health Comm
- Ballin, S.D.
- Public Affairs & Legislative Counse
- American Heart
- Hamburg, R.
- Largent, S.
- Patterson, J.
- Acs
- Sandberg, M.
- Booberg, C.
- Holmes, H.
- Univ, O.F. Tx
- Madigan, J.H. Jr
- Grannis, A.P.
- Ny, S.T. Assembly
- Dumelle, F.
- Hinz, R.
- American Thoracic Society
- Off, O.F. Govt Relations
- Pinney, J.
- Corp Health Policies Group
- Institute For The Study, O.F. Smoking
- Harvard Univ
- Stake, D.
- Natl Public Issues Comm
- Hudgins, P.M.
- Kirksville College, O.F. Ostepathic, M.E.
- Mickel, A.T.
- Tobacco Free America Legislative, C.L.
- Pertschuk, M.
- Advocacy Institute
- Coalition
- Tobacco Free America
- Koop, C.E.
- Rjr Nabisco
- Philip Morris
- Butts, C.O.
- Abyssinian Baptist Church
- Rjr
- Hhs
- Sullivan, L.W.
- Women, V.S. Smoking Network
- Okeefe, A.M.
- Fda
- Blum, A.
- Doctors Ought, T.O. Care
- Cherner, J.
- Smoke Free Educational Services
- Capriati, J.
- Munoz, H.
- Natl Coalition, O.F. Hispanic Health &
- Talbot, B.R.
- Woodridge Police Dept
- Congress
- Natl Archives
- B&W
- General Accounting Off
- Natl Institute, O.N. Drug Abuse
- Legislature
- Us Surgeon General
- Anderson Cancer Center
- Box
- Rjr1198
- Author
- Rjr
- Ainsworth, W.E.
- Acs
- American Heart
- American Lung
- Lemaistre, C.A.
- Ainsworth, W.E.
- Brand
- Marlboro
- Winston
- Salem
- Uptown
- Dakota
- Premier
- Virginia Slims
- Kool
- Alpine
- Generic Brands
- Winston
- UCSF Legacy ID
- gcg24d00
Document Images
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COUNTDOWN 2000
BLUEPRINT FOR SUCCESS
Contents
Drafting Committee i
Preface iii
Introduction vi
Targeted Populations: Youth, Minorities, Women
and the Educationally Disadvantaged 1
Tobacco Excise Taxes: Raising the Cost
of Tobacco 10
Restrictions on Smoking in Public Places 16
Sources of Additional Information 22
Conference Copy
September 11, 1990
I
I

COUNTDOWN 2000
BLUEFRINT FOR SUCCESS
Drafting Committee
.
!
Charles A. LeMaistre, M.D., Chair
President, University of Texas M.D. Anderson Cancer Center, Houston, Texas
TARGETED POPULATIONS: YOUTH, MINORITIES, WOMEN AND THE
EDUCATIONALLY DISADVANTAGED
Reed V. Tuckson, M.D., Subcommittee Chair
Volunteer, American Lung Association
Senior Vice President for Programs, March of Dimes, White Plains, New York
Former Commissioner, District of Columbia Public Health Commission, Washington,
DC
Scott D. Bailin, J.D., Vice President, Public Affairs and Legislative Counsel
American Heart Association, Washington, DC
Richard Hamburg, National Affiliate Legislative Coordinator, American Heart
Association, Washington, DC
Steve Largent, Communications Director, American Heart Association, Utah Affiliate,
Salt Lake City, Utah
Joe Patterson, Director of Public Education, Division Services, Government Relations
and Special Projects, American Cancer Society, Atlanta, Georgia
TOBACCO EXCISE TAXES: RAISING THE COST OF TOBACCO
Mary Sandberg, Subcommittee Chair
Assistant Director of Public Issues, American Cancer Society, California Division, Los
Angeles, California
Carl Booberg, Executive Director, American Lung Association of Virginia, Richmond,
Virginia
Harry Holmes, Ph.D., Director of Governmental Relations, University of Texas, M.D.
Anderson Cancer Center, Houston, Texas
John H. Madigan, Jr., Assistant Vice President, Public Affairs, American Cancer
Society, Washington, DC
t

RESTRICTIONS ON SMOKING IN PUBLIC PLACES
Hon. Alexander "Pete" Grannis, Subcommittee Chair
New York State Assemblyman, New York, New York
Fran Du Melle, Director, Office of Government Relations, American Lung Association,
Washington, DC
Russell Hinz, Manager, Health Care Policy, American Lung Association/American
Thoracic Society, Office of Government Relations, Washington, DC
John Pinney, Corporate Health Policies Group, Washington, DC
Former Executive Director, lnstitute for the Study of Smoking Behavior and Policy,
Harvard University, Cambridge, Massachusetts
Dorothy Stake, Volunteer, Member, National Public Issues Committee, American
Cancer Society, Lennox, South Dakota
ADVOCACY
Patricia M. Hudgins, Ph.D., Subcommittee Chair
Volunteer, American Heart Association
Kirksville College of Osteopathic Medicine, Kirksville, Missouri
Angela T. Mickel, Director, Tobacco-Free America Legislative Clearinghouse,
Washington, DC
Michael Pertschuk, Co-Director, The Advocacy Institute, Washington, DC
ii

COUNTDOWN 2000
BLUEPRINT FOR SUCCESS
Preface
In recent decades, the U.S. tobacco manufacturers have spent untold billions of dollars to protect
and
expand the sales of their addictive and deadly products. These unconscionable peddlers of
destruction
pose an enormous and well-financed challenge to voluntary health agencies. And yet, In the face of
nearly overwhelming odds, the tide of public opinion has been turned by scientific facts and by a
strong
coalition of tobacco-control forces who are as creative as the tobacco marketers, and even more
energetic.
Having led the way in this battle during the past decade at the national level as the Coalition on
Smoking Or Health, the American Cancer Society, American Heart Association and American Lung
Association united as Tobacco Free America (TFA), now bring important additional resources to a
growing trend evidenced in states and localities across the nation. Our course of action for the
1990s
will be set at Countdown 2000, a landmark conference in Washington, DC, on September 9-11, 1990.
Countdown 2000, sponsored by Tobacco-Free America and its member organizations, will develop the
strategy and enhance the skills needed by state and local voluntary leaders in their pursuit of a
tobacco-
free America by the year 2000.
Essential to the achievement of this goal is the release of this Blueprint for Success. The
document is an action plan for achieving consistent nationwide policy in states and localities. It
provides
guidelines to address the following three major tobacco issues: 1) marketing targeted at special
populations, 2) tobacco excise taxes and 3) restrictions on smoking in public places. This draft
will
eventually form the basis for achieving the goals we share for the year 2000. Following are
summaries
of recommendations for the three primary issues.
tn
Targeted Populations o
. a~
The tobacco industry has long targeted youth, women, minorities and the educationally disadvantaged
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through massive advertising and publicity campaigns needed to replace the thousands of consumers
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lost each year as smokers die from smoking-related illnesses or decide to kick their habit. The
report of
this subcommittee clearly identifies the tactics used by tobacco companies to target population
groups
with sophisticated market research and advertising. The subcommittee makes a number of
recommendations to curb these efforts. Included are severe limitations on sales and access of
tobacco
products, tobacco education for children in grades K-12, tobacco-counter promotion for youth and
minorities and the creation of state offices on tobacco and health. The subcommittee also proposes a
modification in the Public Health Cigarette Act of 1969 to allow states to take more effective
action in
curbing cigarette advertising. Existing constitutional authority allows a ban on most promotional
activities. This subcommittee argues that states and local entities must 'regulate what the tobacco
industry has failed to do on its own."
Tobacco Excise Taxes
The subcommittee on tobacco excise taxes reviews well-known studies and data analyzing taxes as
deterrents to smoking, particularly for young Americans who never have used tobacco. Recognizing
that
most revenue generated by increased tobacco excise taxes is needed by the states for general
purposes, the subcommittee recommends that a portion be devoted to health care goals such as
prevention, education, media campaigns and smoking cessation. A primary focus of any excise tax
increase should be to apply that increase to all tobacco products. The subcommittee also recommends
that the Tobacco-Free America Legislative Clearinghouse serve as a key resource center too help
states
increase their tobacco excise taxes.
Restrictions on Smoking In Public Places
The subcommittee on smoking in public places has developed a strong set of recommendations for
consolidating and strengthening state and local smoking-control efforts. To achieve the Countdown
2000 goals, the subcommittee specifies the following minimum standards: smoking should be prohibited
in child day care centers, on school property, in all public and private work places, In retail
stores, In
health care facilities and on any form of public transportation. Most other indoor areas open to the
public would be smoke-free under these proposals. Restaurants would provide smoke-free space based
S
IV

~ on the ratio of nonsmokers to smokers. Any state-level preemption provision must be opposed
because
it would preclude potentially stronger action in localities. Finally, the subcommittee opposes
statutes
providing civil rights protection for smokers.
The Challenge
Ours is not an easy task. We have a great deal more to do to assure that our nation enters the next
century free from the deadly scourge of tobacco. More than 50 million Americans continue to smoke.
Many young people - seduced by the allure of tobacco advertising and promotion at vulnerable points
In their lives - take up the addicting habit every day. To help people stop smoking - and keep
countiess others from starting - state and iocaf advocacy efforts of the ACS, AHA and ALA must be
strengthened.
While we have reason to celebrate our numerous victories, we cannot rest. Our strength lies not
only in our resolve to preserve and promote public health, but also in our'naturai resources,' the
millions of dedicated volunteers who lend their time, talents and services to our effort.
~ Our objective in releasing this Blueprint for Success is to provide a focal point for public
policy
action over the next ten years and beyond. Our plan requires a full commitment to tobacco-control
advocacy from each organization and at all levels. Material and human resources dedicated to this
effort
must be increased, and the commitment of both volunteers and professional staff further encouraged,
supported and rewarded.
Most importantly, the journey ahead will take commitment, resources and brainpower. This
conference will be a catalyst for action in that quest.
- Charles A LeMaistre, M.D.
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Introduction
The American Cancer Society, American Heart Association and American Lung Association began
working together in the early 1960s to educate Americans about the serious health hazards associated
with tobacco use. In 1985, the three agencies created Tobacco-Free America (TFA), and Its programs,
induding the Smoke-Free Class of 2000, Tobacco-Free Schools and the Legislative Clearinghouse, to
meet the following three specific goals:
to form strong state and local coalitions of the three agencies to focus the attention of
legislators, regulators and other public officials, as well as the general public, on the
health hazards of tobacco use and the need for enactment of tobacco-control
legislation;
to foster public perception that smoking is a socially unacceptable behavior and
encourage smokers to quit and young persons not to start; and
to attain a smoke-free society by the year 2000, as called for by former U.S. Surgeon
General C. Everett Koop.
The TFA Legislative Clearinghouse was established to help achieve TFA's goals for tobacco-
control advocacy, by serving as an information bank and advisory resource to the state and local
offices
of the three organizations, as well as to government agencies, private citizens and corporations and
the
media.
The Clearinghouse monitors state and local tobacco-control legislation and regulations and
analyzes trends and effects of the information collected. This information is used to -
advise and assist coalitions and agencies in formulating and implementing strategies for
Involvement in tobacco-control advocacy;
develop and update model guidelines, legislation and testimony for use by state and
local agencies and coalitions to facilitate tobacco-control advocacy;
compile public attitude surveys, cost-benefit analyses, fact sheets and scientific studies
for use by coalitions and agencies; and
educate volunteers and staff of TFA's member organizations.
The work of the Clearinghouse enables the three agencies to adopt a unified approach to
tobacco-control advocacy and to learn from and respond to tobacco industry tactics used across the
country.
If the tobacco-control movement is to achieve its public policy goals ir1 the last decade of the
20th century, the advocacy efforts of the ACS, AHA and ALA must be strengthened and better
coordinated. While the economic dominance held by the tobacco industry has proved to be a
significant
vi

barrier in our battle for public health, it is in no way impenetrable. The strength of our
organizations lies
not only in our commitment to the preservation and promotion of public health, but ~uso In the over
5
million persons who volunteer their services.
Currently, one may question whether our grassroots are not merely Astroturf, an artificial roster
of volunteers who may or may not respond to a call for action. We are most effective when we have a
core group of dedicated advocates who will act on a moment's notice. In the wake of major tobacco-
control victories, such as the passage of the New York State Clean Indoor Air Act and the
overwhelming
approval by California voters of Proposition 99, the ballot initiative that Increased the state
cigarette
excise tax by 25 cents, there have also been setbacks. For instance, Colorado, Kentucky, Oregon,
Tennessee and Virginia enacted anti-discrimination protections for smokers by prohibiting employers
from establishing as a condition of employment that employees and prospective employees must be
nonsmokers; thus, putting smokers into a"protected" class. In addition, several states have adopted
restrictions on smoking in public places that prevent localities from enacting further restrictions.
These
regressions, when viewed from a global perspective, signify a negative trend for the tobacco-control
movement that began in the late 1980s, in spite of the great progress made during the bulk of that
~ decade. Our ability to organize, energize and mobilize our vast base of dedicated volunteers to
affect
public policy will determine our degree of success in the 1990s.
Our objective in setting into motion this national 'plan of action' is for states and localities to
use
public policy to the fullest extent over the next ten years, and beyond, to achieve a tobacco-free
society.
This plan may be illusory without total commitment to tobacco-control advocacy from each
organization,
at all levels. To be successful in our campaign, the ACS, AHA and ALA must adopt tobacco-control
advocacy as a major organizational priority and act accordingly. Public policy can have an enormous
Impact on our efforts to eradicate the diseases upon which our organizations where founded.
We must transcend turf battles, institutional rivalries, bureaucratic resistances and Intra-
institutional inertia in the common pursuit of the overriding public goal. The movement needs both
professional advocacy resources and dedicated, trained, empowered volunteers. To accomplish these
goals, we need mutual commitment and support at the local, state and national levels; a coordinated
strategic plan; Interactive communications networks; and advocacy training and skills building. Ln
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To provide the necessary support and assistance to achieve the objectives in the Blueprint for ~
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Success, two management goals must be adopted to reaffirm commitment to public policy advocacy for
tobacco-control and to continuing and expanding the TFA Legislative Clearinghouse as a resource for
the respective ACS, AHA and ALA field organizations.
GOAL #1: Acceptance and affirmation that public policy advocacy Is absolutely essential to
fulfill the mission of health promotion and disease prevention through tobacco-
control regulation stated by the American Cancer Society, American Heart
Association and American Lung Association.
National, state and local boards should adopt tobacco-control advocacy as a priority. This
action requires the education of volunteer boards as to the efficacy of tobacco-control advocacy
as a way to achieve the overall mission of our respective organizations.
Staff and resources of national, state and local agencies must be dedicated to the political
education, recruitment, confidence-building and institutional recognition of their volunteer
members who advocate tobacco-control policies at each level of government.
. Tobacco-control advocacy committees must be organized, or strengthened, at all levels to reflect
a clear priority within the organizations.
Staff positions of experienced government relations/public affairs professionals must be created
at the state level.
State and local coalitions must be organized or strengthened with the following:
added human and financial resources;
aggressive outreach to new and potential alliances. We must reach out
to and enlist in our quest other sectors that have a vested interest In
tobacco reguiations,-such as:
Consumer groups
Environmental groups
Minority groups
Older Americans
Women's groups
Educational groups
Civic and community organizations
State and local governments
Youth groups
Non-tobacco related businesses
Unions
Health professionals' groups
Smokers for tobacco-control
Religious organizations
Unlikely allies
Other professional associations
Political parties
Sports organizations
Celebrities
Arts and cultural organizations
Insurance companies
Victims
professional advocacy personnel; and
strategic planning and communications capability.
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GOAL #2: The Tobacco-Free America Legislative Clearinghouse wiii continue to provide tts
services to the field to assist in the achievement of the goals that are essential to
attaining the objectives of the Countdown 2000 Blueprint for Success.
Develop a national, uniform, multi-tiered, interactive communications and distribution network in
conjunction with the ACS, AHA, ALA national government relations/public affairs offices and
other systems whose design is consistent with the goals articulated in the Blueprint for Success.
Provide strategic planning counseling support services that Includes a team of experts in
tobacco-control strategies, similar to a SWAT team, who are available to travel to states and
localities that require immediate strategic support to kill or pass a measure.
Provide training for staff and volunteers in tobacco-control advocacy skills, lobbying
techniques,
media relations and coalition management.
Develop resource materials, including policy research and guidebooks. Compile case studies
that provide detailed accounts of major tobacco-control campaigns - successes and failures -
and lessons learned from those campaigns that may be applied elsewhere; efficacy studies of
existing laws.
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Targeted Populations: Youth, Minorities, Women
and the Educationally Disadvantaged
GOAL: It is a primary goal of Tobacco-Free America to decrease or deter consumption of
tobacco products by groups of individuals targeted by the tobacco industry.
RATIONALE: Tobacco use by youth, minorities, women and the educatfonaify disadvantaged
continues at higher rates than other segments of the population.
The tobacco industry has long targeted youth, minorities, women and the educationally disadvantaged
with advertising campaigns. The industry spends massive amounts of money to sponsor community and
sporting events traditionally attended by these target groups. And, the industry places Its tobacco
advertisements in locations that will maximize exposure to these specific groups.
In fact, the media has featured many examples of such targeted 'philanthropy and promotion.
In April 1990, the Washington Post reported that RJR Nabisco contributed $30 million for 'innovative
education programs" to schools across the country, including $1.2 million to two schools In
Washington,
DC. At around the same time, Philip Morris contributed $1 million to District of Columbia public
schools.
An Arlington, Virginia woman wrote the following to the Post:
The companies are desperate to develop new clients, since so many of their old ones
have either quit or died young. This is only the latest in a series of calculated efforts to
lure youngsters to smoke through careful public image building.
Added a District of Columbia man,
That's a great ethics lesson the District [of Columbia] has presented to the young men
and women in the Nation's capital city: take the money and run, regardless of the
source or the strings attached. [If] Philip Morris really wanted to promote good health
for the kids of Washington, it should have removed every sign and symbol of smoking -
and any mention of its name - from its contribution and the programs that that
contribution would fund.
Reed V. Tuckson, M.D., former Commissioner of Public Health for the District of Columbia asks,
Where do the cigarette companies go to find these new recruits for the death march to
the land of profit and greed? To get not only to the children, but also the other
vulnerable and oppressed segments of our country. They go to the people of color, to
women and to the poor.... The tobacco industry is subjugating people of color through
disease.
in the spring of 1890, a black minister, the Rev. Calvin 0. Butts, pastor of the Abyssinian Baptist
Church in New York City, became so upset with cigarette advertisements In nearby neighborhoods that
he whitewashed billboards containing liquor and cigarette advertisements.targeted at blacks. Said
Reverend Butts, 'fhe prevalence of alcohol and cigarette advertisements in...America's inner cities
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manifests the elastic ruthlessness of these companies' greed and proclivity to exploit the poor and
disenfranchised peopie.'
Facts & Figures
Much of the concern for Industry targeting is tied to the increased rate of tobacco-related
mortality and
morbidity in certain segments of the population. For example, black men experience a 20 percent
higher
mortality rate from heart disease and 58 percent higher incidence of lung cancer than white men.
Black
women have a 50 percent higher mortality rate from heart disease than white women. Overall, blacks
are 1.32 times more likely to die from malignant neoplasms, including lung cancer. They are 1.34
times
more likely to die from diseases of the heart.
Inexorably tied to these statistics is tobacco prevalence data. Prevalence differs when factored
for race, sex and level of education. According to the National Health Interview Surveys, 28.8
percent of
whites as opposed to 34 percent of blacks continued to smoke in 1987. Other studies show that
Hispanic men smoke at even higher rates, as high as 40 percent.
Although smaller percentages of women than men smoke (26.8 percent vs. 31.7 percent), the
overall decline has been four times greater for maies over a 20-year period. By educational level,
tobacco use is almost double for those with no more than a high school education when compared with
college graduates. For blue collar and white collar workers, the prevalence disparity is 39.7
percent to
27.5 percent, respectively.
Further, according to the Final Report of the 1989 Tobacco Use in America Conference -
There also appear to be specific cigarette brand purchasing patterns within minority
populations. Of those who smoke, 47 percent of Mexican-American men smoke
Marlboro and 20 percent Winston; 30 percent of Mexican-American women smoke
Marlboro, 20 percent Winston and 16 percent Salem. Use of menthol cigarettes Is very
common among blacks, with 76 percent reporting that they smoke that type of cigarette.
Such purchasing patterns are a result, in large part, of continued tobacco industry targeting of
these groups.
Early in 1990, R.J. Reynoids introduced a new product, called Uptown, clearly targeted to
blacks. Said Secretary of Health and Human Services Louis W. Sullivan, M.D.,''At a time when our
people desperately need the message of health promotion, Uptown's message is more disease, more
suffering and more death.'
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The test marketing of Uptown in Philadelphia was stopped only after a public uproar was led by
a coalition of more than 40 groups and given greater credence by Sullivan's comments. While
addressing a press conference in February 1990, Sullivan said -
It is frightening to realize that studies have found that the younger the age at which one
begins to smoke, the more likely that a person will become a long-term smoker and
develop smoking-related diseases. In fact, 90 percent of smokers begin a cigarette
addiction as children or adolescents. Advertisers [must] shun the temptation of this
tainted money, stained by addiction, disease and death. Finally I call upon smokers and
potential smokers - Including young people, women, minorities and blue-collar workers
- to exercise good judgement and personal responsibility. The life you save may not
only be your own but also the life of someone you love or maybe don't even know, who
might passively breathe the deadly tobacco fumes.
Tobacco Promotion
In February 1990, R.J. Reynolds caused an uproar when the public learned that a new brand, Dakota,
would be test marketed to young, poorly educated white women described by the cigarette
manufacturer as 'virile femaies.' The preferred Dakota smoker was described by R.J. Reynolds as 'a
woman with no education beyond high school, whose favorite television roles are 'Roseanne' and
~ evening soap opera 'bitches' and whose chief aspiration is to get married in her early 20s and
spend her
free time 'with her boyfriend doing whatever he is doing.'"
The Women VS. Smoking Network, a coalition of women's groups based in Washington, DC,
noted the parallels between Dakota and Uptown. According to a director of the group, Anne Marie
O'Keefe, 'When you target for marketing you target for death."
Tobacco industry product manipulation has included promotional efforts such as the marketing
of the ill-fated 'smokeless cigarette," Premier, in 1988. The cigarette was advertised as providing
The
Cleaner Smoke.' Under intense public pressure, led by the Coalition on Smoking OR Health and other
pro-health groups, the product was pulled off the market in late 1988. The Coalition had previously
petitioned the Food and Drug Administration to investigate low-tar cigarettes, including Premier, in
an
attempt to expose their use as a drug delivery system. The Coalition argued that the tobacco
companies' advertising was tantamount to a health claim.
Tobacco companies frequently sponsor sporting events, Including bowling, skiing, speedboat
racing, truck and tractor pulls, fishing, tennis (Virginia Slims circuit), stock car racing (Winston
Cup),
i soccer (Marlboro Cup) and horse racing (Marlboro Stakes). Although tobacco advertising is
prohibited
3

on television, the strategic placement of tobacco product ads in baseball stadiums, hockey rinks and
other sporting venues is quite visible when American families (and their children) watch TV. in
early
1990, USA Today reported that tobacco company sponsorship of sports and culturai events amounted to
$150 million in 1989, with about 70 percent spent on sports.
Dr. Alan Blum, of Doctors Ought to Care, an outspoken critic of the tobacco industry and its
advertising and promotional strategies, states, "You watch an auto race and you see cars going
around
tracks with cigarette logos. You watch tennis and you see the logos in the background. Truth is
good,
but juxtaposition Is better.' ~
States Joe Chemer, president of Smoke-Free Educational Services in New York City, 't have
found that the average sixth-grade giri actually thinks women tennis players smoke. Jennifer
Capriati
plays Virginia Slims [tournamentsJ at 13 [years of age]. That means she is not old enough to smoke
but
she is old enough to be a walking billboard for a cigarette company."
A recent Winston advertisement included a'900" number to call for sports scores. The brand
was advertised as 'Your ticket to the best in sports.'
Tuckson says, "The tobacco industry seeks to gain 'innocence by associaiion' through
sponsorship of events. They attempt to make cigarette brand names synonymous with community
events like the Ebony Fashion Fair, the Kool Jazz Festivals and Salsa Festivals In the Latino
communiry.'
Helen Munoz, of the National Coalition of Hispanic Health and Human Services Organizations,
sheds further light on the subject. "Perhaps most disturbing of all.' she says, 'a study of 4th and
5th
graders in Los Angeles revealed that Hispanic boys and girls are more likely to say they used
cigarettes
(than their non-Hispanic counterparts) and that Hispanic boys were six times as likely as their non-
Hispanic white counterparts to be smokers.'
Using such practices, the tobacco industry regularly violates its own 'woiuntary advertising and
sampling code.' The code prohibits advertisements and sampling practices aimed at persons under the
age of 21.
For example, the industry also has resorted to 'couponing,' whereby cigarette smokers can send
in coupons to redeem 'prizes' ranging from additional packages of cigarettes to compact discs. A
recent giveaway promised a free pack of Alpine cigarettes. The only protection against minors
participating was a disclaimer on the advertisement that "by accepting this offer you certify that
you are a
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. smoker 21 years of age or oider.'
R.J. Reynolds sponsored a'Millionaire Cash Quiz Game' whereby contestants were urged to
submit ten or more correctly answered game tickets in order to win $2. The more packs smoked, the
more money you could win.
The industry also targets the economically disadvantaged and the young through the marketing
of generic products. This sector of the market has risen dramatically in recent years and now holds
a
substantial market share. The tobacco industry also targets these groups with promotional giveaways
of
items such as hats, T-shirts and sporting equipment. These items are often distributed at areas of
high
concentrations of youth, such as sporting events, rock concerts and public beaches.
Access & Distribution
Most cigarette vending machines remain unsupervised, inviting purchase by youth. Free samples are
distributed on street comers and at athletic and music events well-attended by those under 18 years
of
age.
+ By mid-1990, 45 states had minimum-age laws for the purchase of cigarettes. Yet, enforcement
' of these laws Is a serious problem. Most current licensing laws do not address the Issue of
enforcing
the minimum age for purchasing tobacco products.
Officer Bruce R. Talbot of the Woodridge (IL) Police Department, testifying before Congress lri
April 1990, described a new law passed in his hometown. He said he had -
received complaints from teachers, parents and even the students themselves that
Woodridge merchants are selling cigarettes to minors. On one occasion, a gym teacher
observed a 13-year-old female student purchase a pack of Mariboros from a Mobil
gasoline station just two blocks from the school. Woodridge...has reduced tobacco sales
to minors from 83 percent to zero. But without this legislation our local efforts may have
been for naught because the merchants whose stores border Woodridge continue to sell
cigarettes to 13-year-old children 94 percent of the time.
Philanthropy
In 1989, the tobacco industry contributed millions of dollars to the National Archives to help
promote the
200th anniversary of the Bill of Rights. This action placed the Philip Morris name on millions of
television
sets for the first time since tobacco advertising was banned on television nearly 20 years ago. The
~ Coalition on Smoking OR Health called the campaign --
5

a corporate image advertising blitz that was cleverly designed to wrap the tobacco
company and, by implication, its marketing practices in the American flag and the first
ten amendments to the United States Constitution.... The so-called bill of rights
campaign is not about freedom or good corporate citizenship. It Is intended to further
the cigarette company's goal of continuing to market its products to children, minorities,
women and blue-collar workers....
Tuckson points out that Philip Morris gave $2.4 million to the local chapters of 180 black,
hispanic and women's groups in 1987. Says Tuckson, 'fhe United Negro College Fund received
$267,000 from R.J. Reynolds, $120,000 from Philip Morris and $32,000 from Brown and Williamson. So
they are telling the 18-year-olds going to college, 'We gave you all the money for your education,
so you
owe us access to your markets."
Countdown 2000 Legislative & Regulatory Objectives
Access to and Distribution of Tobacco Products
Although the tobacco industry has developed its own 'Code of Cigarette Sampling Practices,' which
details certain standards to be observed to avoid distributing cigarette samples to under-age
children,
reports of random spot-checking of sampling and distribution points prove that such restrictions are
not
being observed. Trials observing minors attempting to purchase cigarettes In Boston, MA, Baltimore,
MD, Allentown, PA, Decatur, IL, Brookline, MA, Worcester, MA, New Brunswick, NJ and many other
cities
found that minors were able to purchase tobacco products more than 70 percent of the time.
Countdown 2000 Objective: Achieve a ban on cigarette and tobacco product vending machines.
As interim objectives, the following measures are acceptable public policy:
a ban on unsupervised vending machines and/or
a ban on multi-use vending machines.
Note: Any state law enacted to limit access to tobacco product vending machines must also clearly
recognize that the mere posting of signs is ineffective in deterring access by minors to tobacco
products
sold via vending machines.
Additional Countdown 2000 objectives Include the following:
establish, as the standard, a minimum purchase age for tobacco products of 18 years of age;
adequate and meaningful penalties should be set for both retailer and minors;
require the licensing of retailers comparable to the licenses issued for the sale of alcoholic
beverages. The use of the licensing fee could be applied toward the costs of enforcement and
public education activity;
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ban the distribution of free or discounted samples; and
prohibit, via the mail system, access to tobacco products.
Critical to any law that adequately addresses the problems of access to and distribution of
tobacco products to young people is the enforcement of such laws and regulations. Careful attention
must be paid to -
provision of adequate resources to state and local agencies charged with enforcement
responsibilities,
authority to conduct random monitoring of restrictions on access and distribution of tobacco
products to minors, and
.
establishment of mechanisms to faciitate the reporting of citizen or other complaints to a
designated office or department concerning violation of laws that restrict or prohibit the sale
and/or distribution of tobacco products to minors. inspection responsibilities should be clearly
delegated to such designated offices.
Advertisina
To curb advertising abuses by the tobacco industry, TFA recommends as a Countdown 2000 objective,
enactment of state and local bans on advertising to the fullest extent permitted by the U.S.
Constitution
and not In violation of federal preemption law (Public Health Cigarette Act of 1969).
Countdown 2000 Objective: As allowed by the U.S. Constitution and federal law, ban the
advertising of tobacco products within each state.
Specific objectives could be -
a ban on all billboard advertising and advertising on other public visual displays (scoreboards,
etc.);
a ban on all advertising within state supported mass transit systems; and
a ban on all advertising in intrastate media.
Note: There Is considerable case law distinguishing the power of the federal government under the
Commerce Clause of the U.S. Constitution from the powers of the states over intrastate commerce.
There is even a Supreme Court decision upholding a state's right to regulate billboard advertising.
However, the federal preemption clause applies to advertising that addresses the relationship
between
smoking and health. Therefore, bans on billboard advertising must be Inclusive of all advertising.
Promotion
There is growing dependence by the tobacco industry on promotional activity to secure new smokers.
This is especially true for youth, minorities, women and the educationally disadvantaged.
7

Countdown 2000 Objective: Ban tobacco product promotion to the fullest extent permitted by the
U.S. Constitution, Including but not limited to product manipulation, sponsorship, pricing, give-
aways (i.e.: T shirts, hats, etc.), coupons and product placement.
An added objective could be -
funds raised through tobacco product excise taxes should be earmarked to support alternative
sponsorship of community-related activities.
Other Policy Considerations
Much can be done through grassroots efforts to decrease or deter the consumption of tobacco products
by youth. In the area of education and empowerment, TFA recommends that grassroots advocates
consider the following additional activity:
network with the non-health based institutions (religious groups, youth clubs, social
organizations and community groups) to foster education, and to ensure promotion of self-
esteem;
seek mandatory comprehensive school education programs (K-12) that Include tobacco
education, emphasizing that tobacco is an addictive gateway drug and that the tobacco Industry
deliberately advertises and promotes cigarettes in ways that lure youth Into becoming addicted
to their products; and
promote and encourage funding for counter-advertising and counter-promotion aimed at youth.
For minorities, TFA has the following additional goals:
Increase the cultural and language relevancy of educational messages, and
. Increase state funding for minority health programs to support programs to prevent tobacco use
and to address tobacco use cessation.
As a final action, TFA recommends support of applicable sections of federal legislation that would -
. provide grants to states for activities that will prevent the initial use of tobacco products by
minors,
encourage the cessation of the use of tobacco products among youth through prohibitions on
the sale of tobacco products to minors,
. improve the enforcement of existing provisions,
prohibit the sale of tobacco products in vending machines unless the presence of minors is not
allowed on the premises where the machine is located,
promote and enforce a minimum age of at least 18 for the purchase of tobacco products,
enhance the ability of state health departments to implement comprehensive planning and
Intervention activities for anti-tobacco use, and
provide education and training to teachers and health care professionals.
.
8

Conclusion
As stated in the Final Report of the Tobacco Use in America Conference, held in Houston in January
1989 -
Studies have shown a relationship between media dependence on tobacco advertising
revenue and coverage of smoking and health topics. Tobacco sponsorship of
organizations and events appear to discourage those organizations from speaking out
and educating their constituents about smoking and health. Cigarette advertising and
promotion also seem to affect and/or promote an atmosphere in which tobacco use is
legitimate, even wholesome, and certainly acceptable.'
We are dealing with an industry whose voluntary code states that 'cigarette advertising shall not
suggest that smoking is essential to social prominence, distinction, success or sexual attraction.'
State
and local public policy makers must work within their constitutional and federal legislative
constraints to
regulate what the tobacco industry has obviously failed to do on its own.
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Tobacco Excise Taxes:
Raising the Cost of Tobacco
GOAL: To Increase, at a substantial rate, the existing state and local excise taxes on all tobacco
products to deter consumption, especially among young people.
RATIONALE: Sixty percent of current smokers start by age 14, 90 percent by age 19. Research
Indicates that teenagers are more price-responsive and use less tobacco when the price
increases.
Tobacco was one of the first goods taxed in North America, initially by the British and then by the
newly
independent Republic In the early 1790s. The early tax on snuff was eliminated in 1804 and revived
briefly as a wartime measure in 1814. Various federal tobacco taxes were imposed In 1864, Including
a
tax on cigarettes, as part of a package of taxes to finance the Civii War. In one form or another,
federal
excise taxes on tobacco have remained a part of the tax system. The tax on tobacca was a
particularly
important source of revenue to the federal government prior to enactment of the Income tax in 1913.
The federal tax on cigarettes over the 120-year period from 1864-1983 tended to fluctuate with
the revenue requirements of the government, corresponding to alternating periods of war and peace.
The federal tax on cigarettes, introduced during the Civil War, was raised briefly during the
Spanish
American war, and again during World Wars I and II. During the Korean War, the federal excise tax
was
Increased from seven to eight cents per pack. It remained at this level for more than three decades,
and
was then temporarily doubled to 16 cents a pack as part of the Tax Equity and Fiscal Responsibility
Act
of 1982. After several temporary extensions, Congress made the 16-cent rate permanent In 1986. A
federal excise tax on smokeless tobacco was levied by the Omnibus Budget Reconciliation Act of 1985.
In 1987, federal tobacco taxes grossed $4.8 billion, with more than 98 percent of revenues
provided by the tax on cigarettes. But cigarette excise taxes have contributed a declining share of
total
federal revenue since World War 11. Moreover, the federal excise tax has declined In real terms
since
1964, despite rising concern about the adverse health effects of smoking that followed release of
the
1964 Surgeon General's Report and adoption of specific federal tobacco-control policies. One reason
for the decline was the lack of legislated increases in the tax rate.
Inflation also eroded the real excise tax because these taxes tend to be unit rather than ad
valorem taxes. A unit tax is a constant nominal rate per unit of a well-defined product, whereas the
ad
valorem tax is a constant fraction of either wholesale or retail price. Current federal taxes on
cigarettes,
10

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cigarette paper and tubes, smokeless and smoking tobacco, and small cigars, as well as most state
and
local taxes on cigarettes, are unit taxes. Federal taxes on large cigars and most state taxes on
non-
cigarette tobacco products are ad valorem taxes. Cigarette taxes fall relative to the price of
cigarettes
when cigarette taxes are not changed by at least as much as the rate of general inflation or the
rate of
Increase In cigarette prices.
Price Elasticity & Demand for Tobacco Products
One of the first principles learned in Economics 101 Is the law of downward sloping demand, that Is,
the
demand for a product declines as the price increases. Many studies have shown that this theory holds
for tobacco products, especially cigarettes.
Several studies have been conducted to measure the reliability of teenage elasticity. The
General Accounting Office (GAO), in a June 1989 study, concluded that teenage smokers do respond
substantially to changes in cigarette prices. The GAO report indicates that the range of estimates
for
teenage elasticity (ages 12-17) vary from -0.76 to -1.2. Thus, a 10 percent increase in cigarette
prices
will result in a decrease in teenage smoking from 7.6 percent to 12 percent.
0 In 1988 the National Institute on Drug Abuse indicated that 18 percent of high school seniors
(aged 17 and 18) smoked. If you determine that you want to cut this rate in half, or 9 percent, a 10
percent tax increase should accomplish your goal since such an Increase will cut consumption
anywhere
from 7.6 percent to 12 percent. Should you determine that you want to eliminate smoking by high
school seniors, according to the elasticity model, an increase of 20 percent or more would be
necessary.
Health Impact of Tobacco Excise Taxes:
A Look at the Debate
Kenneth Warner, Ph.D., contends in his article, "Heaith and Economic Implications of a Tobacco-Free
Society,' that the arguments of both the tobacco industry and tobacco-control activists are
fundamentally flawed, or miss the point. Warner believes that the economic tmpact of a tobacco-free
society would be modest and of far less consequence than the principal implication: a significantly
enriched 'quality and quantity of life.`
The Warner article, which appeared in the Journal of the American Medical Association In
« October 1987, clearly states that the use of cigarettes causes more premature deaths than AIDS,
use of
11

heroin, cocaine and alcohol, fire, automobile accidents, homicides and suicides combined. Attainment
of a tobacco-free society by the year 2000 would eliminate 350,000 premature deaths; those persons
spared a tobacco-related death could add 15 years to their lives. Warner implies that altering the
causes
of death in the country will reduce the burdens on health care facilities and shift medical
specialties to
other disease areas. He is concerned that the tobacco industry cries that the demise of the tobacco
Industry will ruin the U.S. economy, while tobacco-control activists falsely suggest a multi-biilion
dollar
fiscal dividend. Both are wrong, according to Warner.
While some in the voluntary health agencies concerned with tobacco might argue with Wamer's
characterization of the debate, we must not lose sight of our goal, which is to Increase the excise
tax on
tobacco products to deter consumption of these deadly products. How the additional revenues are
spent by our political leaders is their decision. Although we may be asked to comment on the use of
those funds, our interest is the public's health.
Policy Considerations
Public policy considerations entrenched in this debate include the following:
How much do you raise the tobacco excise tax at the state and local level? How does the
federal tobacco excise tax effect state and local taxes? What are the benefits of switching from
a specific unit tax to an ad valorem tax?
Do we support efforts to earmark or dedicate a portion of the increase In tobacco taxes for
education programs or related health care costs?
How do you counter bootlegging/smuggling arguments?
How do you accomplish raising the tobacco excise tax - legislative process or through Initiative
and referendum?
Countdown 2000 Legislative & Regulatory Objectives
Tobacco Excise Taxes
Selecting the appropriate level for a state tobacco excise tax compliments the legislative activity
suggested In the previous section, Targeted Populations: Youth, Minorities, Women and the
Educationally Disadvantaged, by adding a further tool to the arsenal available to deter young people
and
other targeted populations from taking up the addictive habit of tobacco use.
12

State officials continue to be concerned that an increase in tobacco excise taxes at the federal
level would adversely affect their own revenues. Studies show that this has not happened, primarily
because some states increased their excise taxes at the same time as the federal government.
Countdown 2000 Objective: Achieve an increase in the state and/or local tobacco excise
tax sufficient to deter tobacco use by young people.
There are a variety of strategy options available to determine the appropriate level of increase for
a state or local tobacco excise tax, including:
Strategy Option 1: Level of Taxation
With the exception of Hawaii, ail federal, state and local tobacco excise taxes are
specific unit taxes, that is a specific set amount per pack of cigarettes. This formula Is
used because of its administrative simplicity. Yet the negative effect Is that real revenue
tends to decline with inflation. Unit excise taxes must be raised periodically if real
revenues and the impact on consumption are to be maintained. An option for
consideration Is replacing the unit excise tax with an equivalent yield ad va/orem
tax, which is a constant fraction of either retail or wholesale price.
Another option is to index the unit tax to changes in either the general price level or
to a price index for cigarettes and other tobacco products.
A final option is to consider use of the teenage elasticity figures (-0.76 to -1.2) to
compute the tax increase for your state or locality.
Other Issues to consider when determining the level of taxation include the tax level in
neighboring states or localities, date of last increase and tax level on other tobacco
products if only a cigarette tax increase is under consideration.
Strategy Option 2: Earmarking
An excise tax increase may be justified based on the fact that a higher cost for the
product may be a deterrent to a practice--tobacco use-that has an undesirable health
consequence. Thus, new revenues may be earmarked to various public need
Including the costs of health care, public and/or school education, or counter-
advertising and promotion measures.
Strategy Option 3: Bootlegging and Smuggling
The possibilities of bootlegging and smuggling are often used as objections to raising
tobacco excise taxes. Officials are concerned about losing revenues to neighboring
states or localities. Such problems can be resolved by raising the level of taxation
to meet or surpass the rate in surrounding areas.
Strategy Option 4: The Legislative Process vs. An Initiative or Referendum
State excise taxes can be legislated by governmental jurisdictions or by citizen petition.
The lobbying efforts of tobacco companies frequently make it difficult to increase state
13

excise taxes on tobacco products by the state legislature. In these circumstances, the
iniilative process has proven to be an effective vehicle for change In those states
that allow initiatives or referendum.
Undertaking the initiative/referendum process requires an abundance of resources, both
human and financial. To be successful, proponents need a strategic polfticat/media plan
to deal with this high stakes process and the well-financed tobacco industry. Only 25
states allow initiatives and referendum. The table on the following page provides
Information on each state's requirements.
Strategy Option 5: Exemption Clauses
In many states, tobacco products are exempt from state or local sales tax. Consider
the removal of any exemption clauses, If your state has such language in its taxation
code.
Conciusion
From a public health policy perspective, a primary focus of the excise tax increase on L11 tobacco
products is the deterrence of smoking. Since the tax increase also will generate substantial income,
each state will need to establish guidelines on how to use that revenue.
Support for new tobacco excise taxes can be expected from various interest groups with
sometimes differing perspectives on government funding priorities. Consequentiy, It Is Important to
bring
together early in the campaign process those whose perspectives should be reconciled to assure a
successful outcome.
As states begin to Implement the Countdown 2000 Blueprint for Success, the Tobacco-Free
America Legislative Clearinghouse will play an extremely important role.
It is essential that the Clearinghouse be considered the primary resource center in any
coordinated effort to secure new excise taxes on tobacco products.
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Restrictions on Smoking in Public Places
GOAL: To protect public health, exposure to environmental tobacco smoke should be
eliminated.
RATIONALE: Establishment of public indoor smoking control laws will protect public health by
effectively reducing invoiuntary exposure to environmental tobacco smoke.
According to the U.S. Surgeon General, as many as 5,000 nonsmokers die each year of diseases caused
by inhaling smoke released Into the air by tobacco products. Environmental tobacco smoke (ETS) Is
second only to asbestos in causing more deaths than all other known airborne pollutants combined.
While much is known about the adverse health consequences of tobacco use by smokers, recent
reports also show a clear health danger to nonsmokers. As a result, public policy debate by local,
state
and federal lawmakers has focused on protecting nonsmokers from ETS.
According to the 1990 Tobacco Free America Legislative Clearinghouse report, State Legislated
Actions on Tobacco Issues, '45 states and the District of Columbia restrict smoking In some manner
in
public places.' These laws, coupled with those at the local level, range from simple (banning
smoking
on school buses while they operate) to comprehensive (restricting smoking in most public places,
including restaurants and all work places).
While there has been a dramatic proliferation of smoking control laws over the past three years,
the policy debates that have erupted in local and state legislative chambers hav6 proved that the
tobacco industry has raised the stakes by abandoning the political strategy of opposing all smoking
control laws to pushing for laws that preempt local action and classify smokers as a protected
class.
Across the country, the tobacco industry is working to consolidate its power in the statehouse.
State legislatures provide a forum more conducive to working through political process, including
campaign contributions, well-placed and well-respected highly paid lobbyists and legislative
maneuvers
controlled by Institutionalized power brokers. The tobacco industry is in a damage control mode on
smoking control laws and would prefer to use the state political system where citizens have less
access
to lawmakers, as opposed to localities where public opinion generates policy change more rapidly.
To effectively counter this strategy, public health advocates need to wQrk for public indoor
smoking control laws that adhere to the highest public health standards - standards that meet the
daunting health risk posed by tobacco use and exposure to others' tobacco use.
To meet this challenge, it is vital that public health advocates establish firm public policy
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positions that define basic goals and establish the parameters for negotiation strategies. While the
political climate in a given legislative body may not be conducive to achieving all of the goals
articulated
in this Blueprint for Success, it is crucial for smoking-control advocates to secure restrictions on
smoking in child care facilities, educational institutions and the work place. These are absolutes.
Other
provisions in public Indoor smoking-control laws may be used as points of negotiation, leverage to
ensure inciusion of the priority affecting children and occupational protection.
Countdown 2000 Legislative & Regulatory Objectives
Restrictions on Smoking In Pubiic Piaces
Restrictions on smoking in public places remain a keystone in the overall challenge to achieve a
tobacco-free society. To accomplish the public health goals inherent in this arena, TFA recommends
that a series of provisions be adopted to provide uniform protections for the nonsmoker. Priority
emphasis should be placed on achieving restrictions that provide protection for children and the
adult
workforce. Protection of children is not only a public health imperative but Is essential to set a
healthful
~ example that could prevent children from becoming addicted to tobacco later In life. The latter
requires
restrictions on the use of tobacco products by teachers and other school personnel while on school
property.
The work place is targeted for priority action because working adults spend a significant portion
of their waking hours-eight or more hours per day, five days per week-at work. Daily exposure to
tobacco smoke poses an unnecessary health risk and therefore; elimination of tobacco smoke exposure
becomes another critical public health goal that should lead to increased productivity, decreased
employee health problems and a safer work environment.
Countdown 2000 Objective: Enact a comprehensive Clean Indoor Air statute to ensure elimination
of exposure to environmental tobacco smoke.
Comprehensive statutes should inciude the following provisions:
A prohibition on smoking in all child care facilities, including any portion of a facility
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Note: Regulatory Initiatives may be appropriate to achieve this objective by accessing the
jurisdiction of
day care licensing agencies.
A prohibition on smoking on school property, inciuding any portion of a facility whose
purpose is the education and/or care of students. In facilities of higher education, every
effort should be made to prevent tobacco use on school property, except for private residences
on such property. Educational facilities are public and private schools, elementary and
secondary schools, colleges, universities and other educational and vocational institutions.
Qgt : Regulatory initiatives may be appropriate to achieve this objective by accessing the
jurisdiction of
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school boards and other licensing agencies. Further, many educators and staff are employed under
collective bargaining agreements, therefore, work place restrictions exceeding state or local
restrictions
should be negotiated through the collective bargaining process.
A prohibition on smoking in all private and public work places. Work places are any area In
a place of employment where one or more employees are assigned and perforrm services for
their employer. Work places include offices, factories, warehouses, food service establishments
and other places of employment. Specified areas should include meeting and conference
rooms, and other areas generally used by employees to carry out their work.
A prohibition on smoking In all health care facilities. Health care facilities inciude hospitals,
health care clinics and laboratories, and community health care centers.
Note: Regulatory initiatives may be appropriate to achieve this objective by accessing the
jurisdiction of
licensing agencies responsible for accrediting such facilities.
A prohibition on smoking on all forms.of public transportation including buses, trains,
subways and taxis.
A prohibition on smoking in food service establishments except In designated areas. The
food service establishment (restaurant) provision should be prevalence-based. Thus, a
restaurant will be smoke-free, except in a designated area whose size Is determined by the
national percentage of nonsmokers to smokers (i.e.:- In 1989, approximately 70 percent of the
population was comprised of nonsmokers, thus, 70 percent of any food service establishment
should be designated smoke-free). A food service establishment is any Indoor area open to the
public or portion thereof in which the primary business is the sale of food for on-premises
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consumption including, but not limited to, restaurants, cafeterias, coffee shops, diners, sandwich
shops and short-order cafes. A bar is defined as any indoor area open to the public and
devoted to the sale and service of alcohol beverages for on-premises consumption of such
beverages. Service of food is considered incidental if the food service generates less than 40
percent of total gross sales. Any bar that generates 40 percent or more of total annual gross
sales from the sale of food for on-premises consumption should be considered a food service
establishment.
A prohibition on smoking in indoor areas open to the public Including auditoriums, elevators,
gymnasiums, enclosed indoor areas containing a swimming pool, public buildings (any building
owned or operated by the state or any county, city, town, village or other political subdivision,
public Improvement, or special district, public authority, commission, agency or public benefit
corporation; or any other separate corporate Instrumentality or unit of state or local government),
theaters, museums, libraries, indoor common areas, waiting rooms, banks, rest rooms and
waiting areas in public transportation terminals.
Any comprehensive Clean Indoor Air statute must not contain any preemptive clauses that
are Intended to remove power and authority to regulate the Indoor environment from a unit
of local government.
Preemption clauses have been attached to laws restricting smoking in public places in six states.
A new form of preemption was recently passed in Virginia (1990) that was disguised as a'tocal
option.' Local option permits localities to enact ordinances that further restrict smoking in public
places; however, the local legislation must conform to a'model' bill laid out In the state law.
Because the state law dictates to localities what language they use, this local option clause
serves as a disincentive for localities to take action. Preemption clauses may serve to weaken
stronger pre-existing local laws, preclude stronger local laws from being passed in the future and
run contrary to the usual legislative procedure of setting minimum standards that local governing
bodies may exceed.
I
Any comprehensive Clean Indoor Air statute must not contain provisions that provide civii
rights protection for smokers against employment discrimination.
19

This type of legislation prohibits employers from requiring as a condition of employment that an
individuai be a nonsmoker. All employers in the state would be prohibited from firing or refusing
to hire a person who smokes when not on the job. While such legislation does not allow
smokers to violate smoking restrictions in the work place, it would deter employers from
voluntarily extending smoking restrictions out of fear of litigation.
For those concerned about equal rights regardless of race, color, sex, religion or other Individual
characteristics that we cannot control, anti-discrimination clauses are an offensive inserted by
the tobacco Industry to muddy the public health debate over tobacco access and use. Some
tobacco-industry initiated legislation purports to 'protect the civii rights of smokers' by
elevating
smokers to a protected class of individuals, putting them on a par with women, minorities,
handicapped persons and the elderly. In fact, such legislation provides greater protection to
smokers by allowing them to take their cases directly to the courts and, therefore, bypass the
state body with jurisdiction over other discrimination cases.
Other civil rights statutes that have been carefully and thoughtfully crafted by legislatures and
Interpreted by the courts over the years provide protection for those who truly need it.
Categorizing smokers as a protected class trivializes and skews the concept of civii rights.
Cigarette smoking Is a dangerous health hazard. Anti-discrimination laws are designed to
protect persons whose basic individual rights are under attack.
Hundreds of smoking-control laws across the country stipulate that in cases of dispute between
a smoker and nonsmoker, the nonsmokers's wishes prevail. Anti-discrimination laws would
serve to negate such stipulations. In addition, an anti-discrimination law would give a smoker
the power to bring suit against both the employer and the nonsmoker with whom there is a
grievance.
Conclusion
Despite the tobacco Industry's predictions that smoking-control laws and policies will cause
problems in
the work place, hamper economic development, impose an undue regulatory and financial burden on
business, to date the industry has yet to produce independent evidence that corroborates these
claims.
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In fact, the overwhelming popularity of smoking-control policies has led government and business
alike
to provide ennanced protection for their workers and patrons.
The provisions articulated in this Blueprint for Success are not designed to pit smokers against
nonsmokers. They are not intended to force people to stop smoking. If laws are established based on
the public heaith principles advanced in this document they will prevent the Involuntary exposure to
an
Indoor environmental toxin.
Many state and local governments already have established sound smoking-control laws. Many
others have taken tentative, although Inadequate, steps to address the health threat posed by
involuntary
exposure to environmental tobacco smoke.
The Tobacco-Free America Legislative Clearinghouse serves as the primary national source for
information on tobacco-control initiatives for the voluntary public health community, state and
local
government officials and the media. This is a valuable resource that tobacco-control advocates are
urged to utilize.
21

Sources of Additional Information
Targeted Poputations
American Medical Association. Final Report: Tobacco Use in America Conference. 1989.
American School Health Association, Association for the Advancement of Health Education, Society for
Public Health Education, Inc. National Adolescent Student Health Survey, 1987.
Munoz, Helen. 'Tobacco Advertising: Selling Disease to Hispanics.' Testimony before the
Subcommittee on Transportation and Hazardous Materials, U.S. House of Representatives. Washington,
DC. March 1, 1990.
Rivo, Marc L, Kofie, Vincent, Schwartz, Eugene, Levy, Martin E., Tuckson, Reed V. 'Comparisons of
Black and White Smoking: Attributable Mortality, Morbidity and Economic Costs in the District of
Columbia,' Journal of the National Medical Association. Vol. 81, No. 11, 1990.
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Restrictions on Smoking in Public Places
Advocacy Institute and Public Citizen. The Advocates Guide to Preemption: Preserving State and Local
Protection for Public Health and Safety. Washington, DC. 1990.
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Report of the Surgeon General. Washington, DC. 1986.
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