ANR Newsletter Summer '95


News from the Front Lines

ANR UPDATE VOLUME 14, NUMBER 2 SUMMER 1995

AMERICANS FOR NONSMOKERS' RIGHTS

CONTENTS

Editorial: What About the Children?

We are making great progress in our quest for smokefree public venues. To many of us, it seems like an uphill battle, but we are moving ahead. Every year more and more public places and workplaces are becoming smokefree and, among adults, we're seeing a major shift in the social acceptability of smoking. Yet the future looks far from rosy.

We will not have a truly "Smokefree Society" until we raise a generation of young people who simply never get hooked in the first place. Ninety percent of all smokers begin smoking by the age of nineteen -- sixty percent by the age of fourteen. We know it, and so do the tobacco pushers. But while we're making major headway in our quest for smokefree venues, we're failing in our efforts to protect kids from nicotine addiction. In fact, we might even be making things worse.

About 25 percent of 17- and 18-year-olds smoke. Some blame Joe Camel, and glitzy ads aimed at youth. We're sure that the multi-million dollar advertising effort by tobacco companies to seduce children is a major culprit. However, we worry that strategies being used within the tobacco control movement may also be having unintended, negative consequences with youth.

Five years ago, out of a desperate concern for children and with the best of intentions, most health professionals and advocates working with youth on smoking prevention turned their focus toward limiting the accessibility of tobacco to kids. Since then, major resources have been spent involving youth in programs to catch merchants who illegally sell tobacco to minors. Counties across the nation are organizing "sting" operations, where teens attempt to purchase tobacco and merchants are caught red-handed in the act of selling it to them. Several studies suggest that while these programs remain in place, the rate of underage purchase indeed drops.

Does this mean that fewer kids are smoking? Not necessarily. And stings send a confusing message. Aren't we trying to teach our children to obey laws? Why then are we training them how to break them, even it if is to catch adults doing something illegal. Also, strategies that help promote the tobacco industry's depiction of cigarettes as "forbidden fruit" raise a red flag of caution for us.

We're noticing a disturbing trend. Despite a great deal of time, effort and attention, youth smoking rates are on the rise. Smoking is becoming more and more cool and "counter culture" among young people. There's more smoking on MTV, more models in fashion ads are smoking, and teens in general seem more drawn to cigarettes.

A notable exception is in the African American community, where the rate of teen smoking is low. Since initiation generally occurs as young adults, youth access will not serve as a prevention strategy in the African American community. We should direct some of our limited resources to figure out why African American youth are smoking at lower rates: what we learn might teach us how to reach their peers in other communities.

We're speaking out because we're becoming very concerned. Could the national efforts to play "keep away" be backfiring? In some communities which have implemented intensive youth access programs, smoking among young people has risen rather than dropped.

We've long been afraid that some strategies to reduce youth access to tobacco send the wrong message to youth: you can't smoke because you're not old enough. That's as good as a gold embossed invitation for some. In the meantime, creative, culturally-sensitive community based smoking prevention programs are being abandoned in favor of funding stings.

So what is the solution? We believe that children who have their other needs met are less likely to smoke. In an ideal world, we'd help make sure they all had enough to eat, a place to sleep, a loving community, a safe neighborhood, quality education and hope for their futures. But we don't have an ideal world. So what are health educators and advocates to do? There is no proven solution. But we're willing to bet that a comprehensive approach has the best chance.

The following are all good options, and we're sure there are more:

To Restrict Youth Access to Tobacco:

  • Reduce youth access to tobacco in ways that have no obvious backlash with youth, for instance, eliminate cigarette vending machines and move tobacco behind the counter. Let's figure out other ways of enforcing minimum sale age laws, without using kids in stings.
  • Avoid confusing a tool, reducing youth access, with a goal, raising a smoke-free generation. Before putting too many eggs in one basket, let's know for sure what effect reducing youth access has on youth smoking. Let's be sure that participating in stings doesn't have some unintended negative consequences for youth somewhere down the road.
  • Learn more about the impact that higher tobacco taxes have on youth smoking.
  • Stop criminalizing teens or anyone else except tobacco company executives.

    • To Provide Effective Education:

  • Fund more prevention programs that empower youth and help them decide that smoking just isn't cool.
  • Help young people get more involved in this issue, and listen to ideas they have about protecting their generation!

    • To Eliminate Advertising and Sponsorship:

  • Keep up the pressure to regulate the marketing of cigarettes, so that smooth talking camels, anorexic models and rugged cowboys aren't allowed to seduce our kids
  • Let's see more creative counter-ads like the ones developed in Massachusetts, Minnesota and California.

    • Let's follow DOC's advice and use ridicule to "laugh the pushers out of town". Let's keep our sense of humor. But whatever we do, let' s not give up.

    I Spy

    Philip Morris Eyes GOP

    Plans for the 1996 Republican Convention, to be held in San Diego, are well underway. We're sorry to report that Philip Morris figures to play a large role. PM executives have been courting the Host Committee. They've also decided to spend a few bucks to ensure a warm reception by the San Diego community. ANR has learned of major contributions by Philip Morris to the San Diego Museum of Art and the San Diego Zoo. In March, Philip Morris held an event at the museum for the leadership of Philip Morris and the elite of the California Republican party. (Philip Morris Senior Vice President Craig Fuller, MC for the event, later signed on to run California Gov. Pete Wilson's campaign for President.) We managed to slip an ANR member and her fiance in to be our eyes and ears. The following is her inside expose on the event.

    On Friday evening, March 10, an extravagant party and art exhibit entitled "Seven Presidents: The Art of Oliphant" was put on by the famed San Diego Museum of Art... and the Philip Morris tobacco company.

    As we arrived at the Museum, a handsome valet opened my door and smiled, "are you here for the Philip Morris event?" This was the first of many ways that Philip Morris, and its products, were promoted throughout the event. Steve Brezzo, Museum Art Director, welcomed the elite San Diego art patrons with a fawning reference to the "wonderful support of [Philip Morris Senior Vice President] Craig Fuller."

    The exhibit's preliminaries included elegant hors d'oeuvres and champagne delivered by tuxedoed servers. Ashtrays and matches (with Philip Morris' logo) were placed conspicuously at every table, even though smoking is prohibited in City-owned buildings. Both bars featured artistically arranged displays of Philip Morris brand cigarettes (Marlboro, Benson & Hedges, etc.).

    The most uncomfortable part of the evening for many occurred during the centerpiece event -- the introduction of Pat Oliphant followed by a live drawing presentation. After Brezzo introduced Oliphant, Craig Fuller took the stage and, with a hand-held microphone, attempted to chat with Oliphant as he drew some of the most famous faces that have appeared in his cartoons.

    Upon leaving, we were greeted by ANR supporters singing and waiving signs condemning Philip Morris. Some patrons actually seemed happy to see the protestors after the slick, tobacco-sponsored party. I left feeling sad for San Diego, for the Museum of Art, for the Republican Party and for Pat Oliphant.

    From Our Members

    Letters to the Editor

    Gaining Enforcement

    Dear ANR:

    Recently, I observed that the local video arcade here in Westwood was full of cigarette smoke and accessible to children. I told the manager he was in violation of state law which prohibits smoking in workplaces, but he claimed ignorance.

    I called ANR and was put in touch with the Los Angeles County Health Department. I am pleased to report that within 24 hours the arcade was in compliance, complete with nonsmoking signs and clean air.

    Thanks,

    Los Angeles, California

    Smokefree Flights

    Dear ANR:

    In response to my letter on smokefree transatlantic flights, I received a call from the secretary to the president of Continental Airlines.

    She told me he is an outspoken nonsmoker, has banned smoking throughout the enterprise, and "very soon" expects Continental to ban smoking on all its flights.

    She further said his reaction to the letter was "Bravo!"

    Wayland, Massachusetts

    Curb Yer Smokin', Bud

    Dear ANR:

    Enclosed is a copy of a report describing Skycaps' dilemma with smokers. I am very thankful for the contributions ANR is making. The last ANR Update was particularly helpful in the completion of this report. ANR provides a unique source of information to my co-workers and me.

    Without the support of the entities at SFO airport, Skycaps enforce No Smoking signs near their curbside check-in podiums. Unfortunately, each working day we face the cumulative anger deriving from the local and national smoking debate. Not surprisingly, inertia prevents some smokers from expressing their' anger in a more constructive way; it's much easier to take it out on us. We are nonetheless committed, however, to defending our right to a smokefree workplace.

    Think of us when you print the words, "restrict smoking to outdoors." Realize that we are the exception to the rule, and we don't want to be ignored either.

    I enjoyed your recent letter from an American flight attendant titled, "Something Smoke Filled in the Air." My daughter is a flight attendant on United international flights, and any progress in that area is appreciated.

    Sincerely,

    Foster City, California

    Thumbs UP / Thumbs DOWN

    UP

    To the Interfaith Center on Corporate Responsibility, which earlier this year pushed for a shareholder resolution to keep tobacco supplier Kimberly-Clark out of the tobacco business. Kimberly-Clark recently announced that it will now rid itself of its tobacco-supplying business.

    DOWN

    To the California Medical Association, which has aggressively fought to undermine California's successful Prop. 99 antitobacco education program. In the past, the CMA also worked within the tobacco industry to undermine state liability law.

    UP

    To Delta and Virgin Atlantic Airlines, which have eliminated smoking on all flights, including international routes.

    Court Rules for Smoke-Sensitive Kids

    A U.S. Appeals Court in Connecticut ruled unanimously that the families of three asthmatic children can proceed with a lawsuit against McDonalds and Burger King restaurants. The lawsuit contends that the children are denied access because of tobacco smoke, which violates the Americans with Disabilities Act.

    Justice for Billboards

    On June 6, the Justice Department announced an agreement with Philip Morris that its billboards will be prohibited next to playing fields at televised athletic events.

    Activists are encouraging the Justice Department to target auto racing next, a problem which may be even more severe than televised baseball or football games. Tobacco ads have been banned from TV since 1971.

    How to Butt In

    ANRF's hot new advocacy guidebook for youth is now available. The guidebook, entitled "How to Butt In," helps youth gain social action skills to get the tobacco industry to butt out of their lives. The guide is filled with ideas that give youth a voice, enabling them to create change in their communities.

    "How to Butt In" uses cool language and hip illustrations to teach advocacy skills. It walks youth through the steps necessary to choose a social problem and work towards its solution.

    ANRF's guidebook uses tools which transfer easily from tobacco to other issues, encouraging youth to get involved in other important issues which effect their lives.

    "How to Butt In" is a 20 page booklet that sells for $4.95. Volume discounts are available. To order, contact Tricia Brazil at 510-841-3032.

    International Update

    Brazil:

    The Health Minister imposed strong restrictions on tobacco advertising, including banning magazine ads, and ads at sports or cultural events. Sao Paolo, the largest city in South America, has banned smoking in restaurants by order of its mayor, and many restaurants in Rio de Janeiro and Brasilia have set up nonsmoking sections.

    Finland:

    On March 1, Finland's government introduced a new law which bans smoking in all workplaces.

    France:

    The French National Committee Against Tobacco (CNCT) has published an English-language guide to nonsmoking hotels and restaurants in France. It is available from: CNCT, BP 13, 92310 Sevres, France.

    Israel:

    The tobacco industry is supporting legislation before the Israeli parliament to require cigarette packaging to list nicotine, tar and carbon monoxide content. The Israeli Forum for the Prevention of Smoking fears the new law would shield tobacco companies from legal liability.

    Japan:

    The number of female smokers hit an all-time high of 7.2 million in 1994.

    Norway:

    The legislature passed a series of amendments strengthening Norway's 1973 ban on the direct advertising of tobacco products. The ban will now be extended to other forms of promotion, such as products or accessories with tobacco logos. Cigarette vending machines will also be banned.

    United Kingdom:

    The first major litigation by smokers against the tobacco industry has been launched. Lawyers for 200 individuals have been awarded funding to investigate the viability of legal action.

    Legislative Update

    FEDERAL LEGISLATION

    Regulatory Reform:

    The House passed legislation halting new regulations by agencies like OSHA and the FDA. The Senate passed weaker legislation allowing Congress to veto new regulations before they go into effect. The competing bills must now go to a conference committee to iron out differences.

    Tort Reform:

    The House passed a bill making it very difficult to sue companies like tobacco manufacturers over their products. The Senate passed a more limited version. The bills now go to a conference committee.

    "Good" Legislation:

    Bills were introduced to increase tobacco taxes, require tobacco companies to pay Medicare costs of smoking-related illnesses, disallow tax deductions for tobacco ads, and ban smoking on international flights.

    STATE AND LOCAL LEGISLATION

    Alabama:

    Juvenile court judges proposed raising tobacco taxes by 12 cents to 28.5 cents per pack to fund programs reducing teen crime.

    Alaska:

    In May, voters in Anchorage overwhelmingly supported doubling the local tobacco tax to 26 cents per pack. The nonbinding ballot measure was then adopted by the city council.

    California:

    Bills banning tobacco billboards and allowing the State to recover the taxpayer costs of treating smoking-related illnesses were defeated. Poway eliminated cigarette vending machines and self-service tobacco displays.

    Colorado:

    Colorado Springs banned cigarette vending machines except in adult-only areas.

    Florida..

    The state Supreme Court allowed the State to proceed with a $1.4 billion lawsuit against tobacco companies to recover the taxpayer costs of treating smoking-related illnesses. Governor Chiles vowed to veto Legislative attempts to repeal the law authorizing the lawsuit.

    Georgia:

    Atlanta considered an ordinance banning tobacco ads in publicly-financed sports stadiums. Savannah restricted smoking in public places.

    Hawaii:

    Honolulu is considering a smokefree restaurant ordinance.

    Kentucky:

    A proposal before the Kentucky Occupational Safety and Health Standards Board to preempt local smoking restrictions, which was later traced to Philip Morris, was withdrawn.

    Maryland:

    Maryland implemented a non-preemptive workplace smoking ban which allows smoking areas in restaurants and bars. Most restaurants are reportedly going smokefree rather than creating a separate smoking area or bar.

    Michigan:

    Activists are fighting a bill that broadens preemption of local ordinances while weakening the state law against selling tobacco to minors.

    Minnesota:

    Fergus Falls banned vending machines and self-service tobacco displays.

    Montana:

    The State strengthened laws against selling tobacco to minors, but removed a clause that would have repealed existing preemption of local ordinances.

    Nevada:

    The tobacco industry is pushing a bill that expands preemption to cover all local tobacco restrictions while weakening laws against selling tobacco to minors.

    New Mexico:

    Las Cruces adopted a smokefree ordinance, which opponents are trying to repeal.

    New York:

    Nassau County is considering a smokefree ordinance. Dutchess County is considering banning tobacco billboards. Madison Square Gardens agreed to remove tobacco ads from the view of television cameras. New York City did not renew its advertising contracts with the tobacco industry; tobacco ads will be removed from bus shelters by June 1.

    Oregon:

    Advocates removed preemptive language that had previously been added to a tobacco tax bill. Portland may consider a smokefree ordinance.

    Pennsylvania:

    A bill protecting youth from tobacco while allowing for stronger local ordinances was introduced.

    Rhode Island:

    The tobacco industry is lobbying to insert preemption into two bills intended to protect youth.

    South Carolina:

    A bill preempting local tobacco restrictions was defeated.

    South Dakota:

    The Legislature is considering raising tobacco taxes by 10 cents.

    Texas:

    Voters in Wichita Falls upheld a smokefree ordinance despite tobacco industry efforts to repeal it. El Paso is considering a smokefree ordinance. After a grueling fight, advocates succeeded in blocking several state bills to preempt local tobacco restrictions. Another bill preempting youth access ordinances was sent to the Governor; at press time, he had not decided whether to sign or veto the bill.

    Vermont:

    Tobacco taxes were raised by 24 cents per pack to fund health care programs.

    Washington:

    Spokane County banned tobacco sampling on county property. Seattle is considering a smokefree restaurant ordinance. A bill to rescind the state's workplace smoking ban was defeated, as was a bill requiring cigarettes to be self-extinguishing.

    Wisconsin:

    Madison adopted a tobacco vendor fee to fund enforcement of laws against selling tobacco to minors. Republican legislators proposed raising tobacco taxes by 50 cents, to 88 cents per pack -- which would be the highest in the nation.

    Action Alert: ANR Members Petition FDA

    Federal Legislation

    Congress is currently considering several bills that would have a dramatic impact on nonsmokers' rights and tobacco control. Here are some highlights:

    H.R. 969 (Oberstar):

    Bans smoking on international airline flights

    S. 596 (Harkin):

    Disallows tax deductions for tobacco advertising

    S. 597 (Lautenberg):

    Requires tobacco companies to reimburse government for taxpayer costs of treating smoking-related illnesses.

    S. 598 (Bradley):

    Increases tobacco taxes to $2 per pack

    Letters supporting these bills can be sent to your own U.S. Senators and Representative in Congress, as well as to President Clinton. Be sure to identify the bill number in your letter, as well as why you support the bill. We recommend sending a separate letter for each bill you support. You can address your letters to:

    Senator ____________ , U.S. Senate, Washington, DC 20510

    Representative ___________ , U 5. House of Representatives, Washington, DC 20515

    President Bill Clinton, The White House, Washington, DC 20500

    Preemption Victories

    In 1995, we are facing an unprecedented onslaught of attempts by the tobacco industry to preempt local tobacco control ordinances. The preemptive language in these bills is almost always crafted to wipe out every conceivable local tobacco policy -- smoking, sale to minors, advertising and promotion, and tobacco taxes -- even if the legislation itself dealt with only one of these issues.

    The good news? As we go to press, we have defeated preemption in 19 states, and no state has adopted preemption. States rejecting preemption include Arizona, Arkansas, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Maine, Minnesota, Missouri, Nebraska, New Mexico, North Dakota,

    Oregon, Rhode Island, South Carolina, Texas, and West Virginia. Preemptive bills are still pending in Alabama, Delaware , Massachusetts, Michigan, Nevada, North Carolina, Ohio and Texas.

    Many legislatures have already recessed for the year. Now is a good time to write state legislators and remind them that it is never in our interests to prevent cities and counties from adopting restrictions on the use, sale, or promotion of tobacco products. No Preemption.!

    In our last newsletter, we included a petition calling on the Food and Drug Administration to regulate the advertising and promotion of tobacco products. The response from ANR members was phenomenal: our members collected thousands of signatures, helping the Coalition on Smoking OR Health submit an additional 100,000 signatures to President Clinton. (Over 250,000 signatures were submitted earlier this year.)

    The cut-off date for submitting petitions was June 1. Remaining signatures -- estimated at another 100,000 -will be submitted to the President in June.

    Special thanks to all of the ANR members who helped with this campaign!

    Rapid Action Alert Network

    ANR sends out first-class action alerts in communities where issues are hot when we need your help to lobby public officials. But sometimes, first class mail just isn't fast enough. For that reason, ANR is establishing a fax network of activists willing to make phone calls, write letters, attend public hearings, or take other steps to lobby their elected officials. We are also investigating creating a similar network using electronic mail (e-mail).

    If you would like to be part of such a network, please fill out the attached form and mail or fax it back to ANR. Please be sure to use your ten-digit ANR identification number, which can be found on the top of your label on the attached reply card. If faxes to you must be routed to a particular department, please indicate that as well.

    Americans for Nonsmokers' Rights is a national lobbying and advocacy group protecting nonsmokers from involuntary smoking. ANR is a registered 501(c)(4) lobbying organization under the IRS Code. The American Nonsmokers' Rights Foundation is the 501(c)(3) educational arm of ANR.

    UPDATE is published quarterly by

    AMERICANS FOR NONSMOKERS' RIGHTS
    2530 San Pablo Avenue, Suite J
    Berkeley, CA 94702
    510-841-3032

    Any portion of ANR UPDATE may be reprinted with appropriate credit to Americans for Nonsmokers' Rights.


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