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SMALERA: Cool, Refreshing Legislation for Philip Morris  

Jump to full article: Reuters, 2009-06-09
Author: paul.smalera - The Big Money

Intro:

"It is a dream come true for Philip Morris," Michael Siegel, a professor at the Boston University School of Public Health, told me. "First, they make it look like they are a reformed company which really cares about reducing the toll of cigarettes and protecting the public's health; and second, they protect their domination of the market and make it impossible for potentially competitive products to enter the market." Other tobacco companies have taken to calling the bill the "Marlboro Monopoly Act of 2009."

It's hard to fathom where Congress is finding the political cover necessary to pass an industry-sponsored love letter like this one. But it's coming from Philip Morris' partner in crafting the legislation: a nonprofit anti-smoking organization called Campaign for Tobacco-Free Kids. . . .

So, as Roll Call recounts, Philip Morris executives made a huge shift in tactics. Rather than beat back every attempt at industry regulation, they initiated the secret Project Sunrise, an effort to help craft those regulations. Part of the strategy was to work with the very anti-smoking groups they had fought for years. Big Tobacco decided to sue for peace in order to win at the negotiating table.

Philip Morris found a willing partner in the Campaign for Tobacco-Free Kids. . . .

In other words, the United States will have two choices in the above scenario, both hairy: protect the FDA's independence by admitting it banned cloves but not menthols only to protect Philip Morris' market share or let the FDA manufacture an explanation, contrary to recent studies, by which menthol cigarettes, which are used to lure children to smoke, are just as safe as unflavored cigarettes.

"The fact that the Campaign for Tobacco-Free Kids negotiated this bill with Philip Morris has created a very strange situation," says Siegel. . . .

The marketing and advertising restrictions in the bill also seem targeted primarily at Philip Morris' competitors. But even so, Philip Morris, with either towering disingenuousness or a wicked sense of humor, has signaled it will fight those very restrictions, which it used as a chip with legislators and the Campaign to get the bill written. With nary a mention of its role in co-writing the bill, a statement from the company called it "imperfect."

Matthew Myers, the Campaign For Tobacco-Free Kids' director, continues to play the fool. He told ABC News, "Our hope is that the Senate HELP committee will resist all of those efforts to weaken the legislation." It's hard to even understand what Myers means—the doublespeak surrounding the bill is so great its passage will surely be hailed as a victory for anti-tobacco forces. And if Congress could find a way to make the bill any weaker, even the Marlboro Man himself couldn't help but crack a smile.

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