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- Six U.S. states sued the maker of Camel cigarettes on Tuesday, charging that a promotion in an issue of Rolling Stone magazine violates a 1998 agreement not to use cartoons in its marketing efforts.
The suits focus on ads for the Camel brand, produced by R.J. Reynolds Tobacco Co., which appeared in a nine-page fold-out section in the November 15 issue of the music and popular culture magazine.
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the November 15, 2007, issue of Rolling Stone magazine includes what appears to be a giant, nine-page ad for R.J. Reynolds’ Camel cigarettes that features a four-page cartoon foldout, despite a prohibition in the 1998 state tobacco settlement on the use of cartoons to market cigarettes. We urge state attorneys general to immediately investigate this ad as a possible violation of both the tobacco settlement’s prohibition on the use of cartoons and its prohibition on targeting youth in the marketing of tobacco products. It is difficult to see this nine-page spread as anything but an effort by R.J. Reynolds, aided and abetted by Rolling Stone, to push the legal limits and get around the tobacco settlement’s explicit ban on the use of cartoons to market cigarettes
Rolling Stone has told the media that the four-page cartoon foldout is “editorial content†produced by the magazine despite the fact it is surrounded by and indistinguishable from R.J. Reynolds’ Camel ad. This is a meaningless distinction to the magazine’s readers, including some 1.5 million youth, who will see the nine-page spread as one giant ad for Camel cigarettes (estimate on the number of youth readers, aged 12-17, comes from the magazine’s media kit. Rolling Stone may claim that the four-page cartoon spread is not part of the Camel ad that surrounds it, but the cartoon’s content, layout and placement make it appear to be an integral part of the ad. That can’t be an accident. Why would the spread begin and end with a Surgeon General’s warning if it wasn’t a cigarette ad?
The end result of this nine-page spread is exactly what the tobacco settlement sought to stop, which is the use of cartoon characters to market cigarettes.
http://tobaccofreekids.org/reports/camel/rollingstone_112007/
Law professor Richard Bonnie, who recently served as chair of the Institute of Medicine's Committee on Reducing Tobacco Use, testified before the House Subcommittee on Health on the bill HR1108, which would among other things give the United States Food and Drug Administration the authority to regulate tobacco products.
His testimony, delivered Oct. 3, was based on the Institute of Medicine report, "Ending the Tobacco Problem: A Blueprint for the Nation." The report outlined a plan for the federal and state governments to reduce tobacco use to the point that it is no longer a significant health problem in the United States.
"Our report was not only about federal legislation and the FDA. It had a much broader scope, and a lot of the recommendations were directed to the states and private insurers," Bonnie said. "A key component of the blueprint for the nation, as we described it, is for the federal government to get off the sidelines. We need to change the regulatory landscape of tobacco control, and an important part of doing that is giving the FDA jurisdiction to regulate tobacco products." . . .
Bonnie also gave the keynote address to the Conference on Tobacco sponsored by the National Association of Attorneys General, held Oct. 15 in Seattle.
Today, state attorneys general ("AGs") from around the country have once again approached the heads of Hollywood's major movie companies to request that they take significant steps to protect youth from exposure to smoking scenes on film, which can recruit up to 390,000 youth a year to smoke.
In letters to the Motion Picture Association of America (MPAA), National Association of Theater Owners (NATO), Screen Actors Guild and a handful of the largest movie companies, the AGs have urged the movie industry to adopt recommendations by the Harvard School of Public Health to remove smoking depictions from films accessible to youth.
The Motion Picture Assn. of America announced today that smoking will be considered when rating movies and "depictions that glamorize smoking or movies that feature pervasive smoking outside of an historic or other mitigating context may receive a higher rating."
Smoking will become a factor in decisions by the Classification and Rating Administration, along with violence, language, nudity, drug abuse and other elements.
"There is broad awareness of smoking as a unique public health concern due to nicotine's highly addictive nature, and no parent wants their child to take up the habit,'' MPAA Chief Executive Dan Glickman said. "The appropriate response of the rating system is to give more information to parents on this issue."
But the MPAA resisted calls by some antismoking advocacy groups to give any film with smoking a mandatory "R" rating . . .
Films whose ratings are affected by smoking will include explanations, such as "glamorized smoking" or "pervasive smoking."
glamorized smoking pervasive smokingFilms whose ratings are affected by smoking will include such explanations, according to new rules by the Motion Picture Assn. of America .
In an effort to reduce the risk of smoking and its impact on children, Attorney General Douglas F. Gansler and Attorneys General from across the country have asked Hollywood's major movie studios to take the advice of the Harvard School of Public Health: remove smoking depictions from films accessible to children.
"After years of letters and meetings, the Motion Picture Association of America told the Attorneys General last October that it was going to seek the advice of the experts at Harvard," said Attorney General Gansler. "If the studios are concerned about the health of our children, they will take that advice and remove smoking in movies viewed by children."
A federal judge on Friday put Utah one step closer to possibly losing a significant chunk of settlement cash from tobacco companies. After a hearing Friday, U.S. District Judge Dee Benson ordered Utah lumped into binding arbitration with some 50 states and two territories against the tobacco companies, who have claimed the states have dragged their feet in seeking legal action against other tobacco companies who chose not to participate in a 1998 settlement. This, they argue, puts participating tobacco companies, which have paid out billions to the states, at a market disadvantage. Participating companies, such as R.J. Reynolds Tobacco Co., claim the states deserve a reduction in settlement funds, at least for the year 2003. For Utah this means it could lose its entire 2003 settlement payment of $32.6 million, posingpotentially serious problems fornumerous state health programs that rely on settlement funding. Nationally the total loss has been tallied at $1.2 billion, according to court documents.
In an ironic twist, the American Legacy Foundation has called on tobacco companies to pull their parent-targeted anti-smoking ads, at least in part because an upcoming study in the December issue of the American Journal of Public Health suggests that cigarette manufacturers' spots actually increase the likelihood that teens will smoke in the future.
Philip Morris USA, however, the only tobacco company currently on air with youth-focused anti-smoking ads, refutes the study's findings and contends that its initiative for encouraging parents to discuss smoking with the children (themed "Talk. They'll listen") is attaining its goals.
"The tobacco industry ads are a trick on young people," said Legacy CEO Cheryl Healton, in a statement. "By creating these ads, the industry claims to be trying to help our nation's youth and acts as if these ads are truly aimed at discouraging smoking. However, this study, along with previous research proves that this is simply not the case. The tobacco industry is in the business of selling cigarettes. What does help discourage youth smoking rates are ads and messages provided by sources that are independent of the tobacco industry."
Vermont Attorney General William Sorrell said he would meet with other AGs to determine if tobacco-industry prevention ads violate the prohibition on youth marketing. . . . "[Our] goal in this area is to have an effective youth smoking prevention program and to that end we believe in collaborative dialogue with the public health community to help identify any potential improvements to our youth smoking prevention communications. The campaign is directed at parents because that is what experts tell us is the most effective way."
[Our] goal in this area is to have an effective youth smoking prevention program and to that end we believe in collaborative dialogue with the public health community to help identify any potential improvements to our youth smoking prevention communications. The campaign is directed at parents because that is what experts tell us is the most effective way.Dave Sutton, a Philip Morris representative, who didn't mention what Philip Morris does when experts say the most effective way is to stop their youth smoking prevention communications.
Louisiana Attorney General Charles Foti says that for the first time a motion picture company has agreed to put anti-smoking public service announcements on DVD's of movies that show characters smoking.
Foti says the Weinstein Company is the first to take action after a letter to Hollywood's 13 major motion picture companies. The request came from Foti and Attorneys General from 40 other states. Beginning with the December release of "Clerks II," the Weinstein Company will include the warnings.
You've seen the no-smoking signs at neighborhood theaters. Get ready to install one in your TV set.
Beginning with the December release of "Clerks II," The Weinstein Co. will begin placing anti-smoking public service announcements in DVD releases of its films.
"As a former smoker, I feel like it's my responsibility to do everything I can to educate young people about the dangers of smoking," Harvey Weinstein said in a statement released Tuesday. "We really hope this initiative will have an impact with viewers across the country."
Weinstein and his brother Bob said they decided to start inserting the anti-smoking messages at the request of the attorneys general of more than 40 states, including Connecticut. The messages are being produced by the American Legacy Foundation
These messages will fight false film images of healthy and hip smokers with the real hard truth of addiction and disease. The Weinstein brothers are setting a model for responsible moviemaking."Connecticut Attorney General Richard Blumenthal, on the decision of The Weinstein Co. to begin placing anti-smoking public service announcements in DVD releases of its films.
Today's announcement by several state attorneys general that they have reached a settlement with R.J. Reynolds to stop the marketing of candy and alcohol-flavored cigarettes in the United States is a welcome step forward in restricting the marketing of tobacco products to America's children. The fact that RJR agreed to stop marketing these blatantly youth-oriented products only when threatened with legal action speaks volumes about the tobacco industry's continued efforts to market to kids, as confirmed by U.S. District Court Judge Gladys Kessler in August when she found the major cigarette companies guilty of violating civil racketeering laws.
There is no more flagrant recent example of tobacco marketing to kids than RJR's candy and alcohol-flavored cigarettes. . . .
Despite their claims of reform, the evidence is clear that the tobacco companies continue to mislead consumers and market to children, as Judge Kessler found in her recent ruling: "Defendants continue to engage in many practices which target youth, and deny that they do so." R.J. Reynolds' marketing of candy and alcohol-flavored cigarettes is a prominent example. RJR has marketed candy and fruit-flavored versions of its Camel cigarettes with names like Kauai Kolada, Twista Lime, Warm Winter Toffee and Mocha Mint. RJR has also marketed alcohol-flavored cigarettes and, under pressure from state attorneys general, stopped a promotion called "Drinks On Us" that involved coasters with mixed drink recipes and slogans encouraging binge drinking.
Reynolds American Inc.'s R.J. Reynolds Tobacco Co. reached an agreement with 38 states to limit marketing of cigarettes with the names of fruit or candy after complaints the practice attracted young people to smoking.
The agreement between R.J. Reynolds, the second-largest U.S. tobacco maker, and states including New York and California bans the company from giving its cigarettes names such as Warm Winter Toffee and Beach Breezer. Reynolds can still sell flavored cigarettes, provided the marketing doesn't attract children, Reynolds spokesman Fred McConnell said today.
Lawyers for the states, including New York Attorney General Eliot Spitzer, claimed Reynolds's marketing of flavored cigarettes violated a 1998 settlement with 46 states seeking reimbursement of money spent treating sick smokers. The deal, under which Reynolds and other tobacco makers agreed to pay $206 billion, includes rules against marketing cigarettes to kids.
R-J Reynolds Tobacco won't be selling its "Twista Lime" and "Mocha Taboo" cigarettes in the U-S. The North Carolina-based company agreed to a domestic ban on its flavored cigarettes that critics say are marketed to youth. The ban was announced by officials from 38 states, including Alabama and a U-S territory.
Attorney General Troy King, in a statement today said -- quote -- "I will not stand quietly on the sidelines and allow the 1998 tobacco master settlement to be ignored or circumvented."
RJ Reynolds tobacco company, West Virginia attorney general Darrell McGraw, and attorneys general from 37 other states have reached a settlement that will end the sale of flavored cigarettes in the United States.
That means no more candy, fruit and alcohol flavored cigarettes.
Right now the agreement does not extend to other tobacco products. John Delporto at the AG's office says they are "doing what they can about the little cigars."
One Charleston woman who works for the statewide "cardiac project" said she thinks this is a good move.
A TOBACCO company's agreement to ban flavored cigarettes will affect only products it currently has on the market, and even though R.J. Reynolds also has promised it will stop giving its smokes sugary names, no doubt it will continue efforts to entice young people to light up with similar products.
The state Legislature, which considered a bill last year to outlaw flavored tobacco, should revive the measure in the next session.
One of the cigarettes -- called "Kauai Kolada" and packaged with a lounging hula dancer design -- inflamed Hawaii officials, including Gov. Linda Lingle, who called the use of the island's name and the state's image to sell cigarettes to young people "disgusting." . . .
It does not require the company to pull cigarettes already on store shelves. It also does not prohibit the company from offering new lines of flavored cigarettes and other tobacco products under different packaging. . . .
Though flavored cigarettes make up a very small portion of sales, tobacco companies see the age group as a future customer base for their addictive products and tasty cigarettes as a seductive ignition point.