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Winning against Big Tobacco: Let's Take the Time to Get It Right

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Winning against Big Tobacco: Let's Take the Time to Get It Right

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Winning against Big Tobacco: Let’s Take the Time to Get It Right on JSTOR

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Hubert H. Humphrey III, Winning against Big Tobacco: Let’s Take the Time to Get It Right, Public Health Reports (1974-), Vol. 112, No. 5 (Sep. - Oct., 1997), pp. 378-385

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https://research.ebsco.com/c/oxoq47/viewer/html/lnk5ih6unv

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Sign in to EBSCO Research Services to gain access to your library or organization's subscription of EBSCOhost Databases, Discovery Service and Explora.

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US Tobacco Company Admits Smoking Is Addictive

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US Tobacco Company Admits Smoking Is Addictive

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Beecham, Linda. “US Tobacco Company Admits Smoking Is Addictive.” BMJ: British Medical Journal, vol. 314, no. 7085, 1997, pp. 919–919. JSTOR, http://www.jstor.org/stable/25174101. Accessed 18 Jan. 2024.

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National Association of Attorneys General

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In 1998, 52 state and territory attorneys general signed the Master Settlement Agreement (MSA) with the four largest tobacco companies in the U.S. to settle dozens of state lawsuits brought to recover billions of dollars in health care costs associated with treating smoking-related illnesses.

Eventually, more than 45 tobacco companies settled with the Settling States under the MSA. Although Florida, Minnesota, Mississippi, and Texas are not signatories to the MSA, they have their own individual tobacco settlements, which occurred prior to the MSA.

The MSA's purpose is to reduce smoking in the U.S., especially in youth, which is achieved through:

Raising the cost of cigarettes by imposing payment obligations on the tobacco companies party to the MSA.

Restricting tobacco advertising, marketing, and promotions, including:

Prohibiting tobacco companies from taking any action to target youth in the advertising, promotion or marketing of tobacco products.

Banning the use of cartoons in advertising, promotions, packaging, or labeling of tobacco products.

Prohibiting tobacco companies from distributing merchandise bearing the brand name of tobacco products.

Banning payments to promote tobacco products in media, such as movies, televisions shows, theater, music, and video games.

Prohibiting tobacco brand name sponsorship of events with a significant youth audience or team sports.

Eliminating tobacco company practices that obscure tobacco's health risks.

Providing money for the Settling States that states may choose to use to fund smoking prevention programs.

Establishing and funding the Truth Initiative, an organization "dedicated to achieving a culture where all youth and young adults reject tobacco."

What is NAAG's role with the MSA?

The NAAG Center for Tobacco and Public Health works with the Settling States of the MSA to preserve and enforce the MSA's monetary and public-health mandates, including:

Representing, advising, and supporting the Settling States in MSA-related legal matters, including litigation and arbitrations.

Representing the Settling States in bankruptcy cases filed by tobacco manufacturers.

Representing the Settling States before the MSA Independent Auditor and Escrow Agent to ensure that annual MSA payments are properly calculated and disbursed to the States.

Monitoring tobacco companies' compliance with the MSA's payment and public health provisions.

Communicating as the Settling States' collective counsel to tobacco companies, federal tobacco regulators, and other third parties about the MSA and other tobacco regulatory matters.

The MSA Today

The MSA continues to have a profound effect on smoking in America, particularly among youth. Between 1998 and 2019, U.S. cigarette consumption dropped by more than 50%. During that same time period, regular smoking by high schoolers dropped from its near peak of 36.4% in 1997 to a low 6.0% in 2019. As advocates for the public interest, state attorneys general are actively and successfully continuing to enforce the provisions of the MSA to reduce tobacco use and protect consumers.

Under the MSA, tobacco manufacturers are obligated to make annual payments to the Settling States in perpetuity, so long as cigarettes are sold in the United States by companies that have settled with the States. The NAAG Center for Tobacco and Public Health makes certain such payments are made.

Tobacco Issues Beyond the MSA

In 2009, the Family Smoking Prevention and Tobacco Control Act gave the FDA the power to regulate tobacco products. State attorneys general have been active participants in helping the FDA shape its regulatory authority.

Also, because the contractual requirements of the MSA are in some ways broader than the authority granted to the FDA and are not subject to constitutional defenses, state attorneys general continue to step in where the FDA may be unable to act.

State attorneys general have taken several initiatives to limit youth exposure to tobacco imagery and products, including:

Urging the Hollywood creative community to protect young viewers from tobacco imagery.

Engaging with movie studios, production companies, and streaming services to curb tobacco imagery in popular media.

Entering into agreements with major retail chains to ensure that retailers comply with state laws setting the minimum age at which tobacco products may be purchased and limiting the quantity and content of tobacco advertising at retail locations.

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The Master Settlement Agreement and Attorneys General

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In 1998, 52 state and territory attorneys general signed the Master Settlement Agreement (MSA) with the four largest tobacco companies in the U.S. to settle dozens of state lawsuits brought to recover billions of dollars in health care costs associated with treating smoking-related illnesses.

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15 Years Later, Where Did All The Cigarette Money Go?

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15 Years Later, Where Did All The Cigarette Money Go?

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Fifteen years after tobacco companies agreed to pay billions of dollars in fines in what is still the largest civil litigation settlement in U.S. history, it's unclear how state governments are using much of that money.

So far tobacco companies have paid more than $100 billion to state governments as part of the 25-year, $246 billion settlement.

Among many state governments receiving money, Orange County, Calif., is an outlier. Voters mandated that 80 percent of money from tobacco companies be spent on smoking-related programs, like a cessation class taught in the basement of Anaheim Regional Medical Center.

"So go ahead and take a minute or two to write down reasons why you want to quit and we'll talk about them in just a bit," Luisa Santa says at the start of a recent session.

Every year since 1998, this program has been funded by money from the tobacco settlement. The five-part class is free for anyone living or working in Orange County. When they sign up, participants get a "quit kit" full of things like toothpicks and gum. And, if they come for at least three of the five sessions, they get a free two-week supply of nicotine patches.
Making Big Tobacco Pay
In the mid-1990s, Mississippi was the undisputed leader on the tobacco issue. In 1994, Mike Moore, the state attorney general, filed the first state lawsuit against big tobacco.

Individual lawsuits by smokers failed because courts held people responsible for their decision to smoke, but Moore argued that Mississippi shouldn't be forced to pay the costs of treating smoking-related diseases.

"Things such as lung cancer, heart disease, emphysema, low-birth-weight babies and others, we have to pay," Moore told NPR in a 1994 interview. "The state is obligated to pay for those for our citizens that are not covered in other ways, and we feel like they're caused by the tobacco products."

Moore argued that tobacco companies should pay for medical bills, and eventually the courts agreed. That agreement said no ads and no targeting youth. Popular advertising characters like Joe Camel and the Marlboro Man were killed off as a result.

The settlement left the tobacco industry immune from future state and federal suits, but the agreement said nothing about how states had to spend the money. Looking back on it, Moore remembers it was a long slog.

"It was not an easy task," Moore tells NPR's Arun Rath. "When we filed our case here in 1994, my governor actually sued me to try to stop the tobacco case."

The tobacco companies sued Moore as well, he says, and it went all the way to the Supreme Court. "It took me two years before I even had five states who would agree to join the efforts."

Moore now serves on the board of directors of the American Legacy Foundation, a group created by the tobacco settlement. The organization's mission is to create national anti-smoking campaigns, like the famous Truth ads.

The tobacco settlement included money specifically to fund public service announcements, but Moore says most of the settlement money came with no strings attached, and that has made it impossible to hold states accountable.

In Mississippi, where the settlement money was put into a trust fund, a lot of it was spent on things other than smoking prevention and health care, Moore says.

"What happened as the years went by, legislators come and go, and governors come and go ... so we got a new governor and he had a new opinion about the tobacco trust fund," he says. "So a trust fund that should have $2.5 billion in it now doesn't have much at all, and unfortunately that's one of my biggest disappointments.

And it's not just Mississippi; Moore says that all across the country hundreds of millions of dollars have gone to states, and the states have made choices not to spend the money on public health and tobacco prevention.

It's not all bad news in Mississippi, however; Moore says money that was spent on tobacco prevention has helped reduce teen smoking by more than 50 percent in just five years. Adult smoking has been reduced by about 25 percent, and he says it is that way around much of the U.S. as well.

"We need to continue the vigilance," he says. "We have new products coming out - e-cigarettes and the like - we just need to talk the states into spending the money to do something about it."
The Settlement Aftermath
Myron Levin covered the tobacco industry for the Los Angeles Times for many years and is also the founder of the health and safety news site Fair Warning. He says talking states into spending settlement money on tobacco prevention is a tough sell.

To show the settlement was not just a big money grab, Levin says, there was definitely a feeling that states had a moral obligation to spend at least a sizeable chunk of money on programs to help people quit smoking and to prevent kids from starting.

"So it was understood without being codified into the agreement that states would make a big investment in this," he says. "They haven't."

To help guide state governments, in 2007 the Centers for Disease Control and Prevention recommended that states reinvest 14 percent of the money from the settlement and tobacco taxes in anti-smoking programs. But most state governments have decided to prioritize other things: Colorado has spent tens of millions of its share to support a literacy program, while Kentucky has invested half of its money in agricultural programs.

"What states have actually done has fluctuated year by year ... but it's never come close to 14 percent," Levin says. "There are some fairly notorious cases of money being used for fixing potholes, for tax relief [and] for financial assistance for tobacco farmers."

Levin says some states don't have any money coming in anymore because they securitized their future payments with an investor in order to receive a lump sum. That lump sum often went into their state's general fund.

For its part, the tobacco industry has managed to weather the settlement fairly well. New products like smokeless tobacco and electronic cigarettes have put many companies on the road to big sales, Levin says.

"When you are supplying the most widely used addictive product in the world, you have certain advantages," he says. "Their cash flows remain enormous."

One indirect effect of the settlement, Levin says, is legislation that gave the Federal Drug Administration control over tobacco products. President Obama signed the law in 2009.

"Something that could happen, although I wouldn't put a lot of money on it, is they could ratchet down the allowable levels of nicotine in cigarettes to a level that is essentially nonaddictive," he says. "That would be a total game changer."

Nonaddictive cigarettes would indeed be a game changer for people like Susan Hallock, an attendee at the class in Orange County, who says she desperately wants to quit.

"I feel ashamed," she says. "I feel like I have to hide my hand with the cigarette in it."

But the nicotine keeps her coming back, over and over. "I'll smoke like six to eight months and quit. Or a month and quit. It's just different every time."

She's hoping that this time, with the help of the free class, she'll be successful. And she has a real chance: The program has a 50 percent success rate for adults like her.

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15 Years Later, Where Did All The Cigarette Money Go?

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So far, tobacco companies have paid more than $100 billion to state governments as part of a 25-year, $246 billion settlement. Though the money was meant to be spent on prevention and smoking-related programs, it didn't come with a mandate.

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Smoke gets in your eyes: 20th century tobacco advertisements

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Smoke gets in your eyes: 20th century tobacco advertisements

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It has been 50 years since the U.S. Surgeon General's first report detailing the health hazards of smoking. Jeffrey K. Stine, the museum's curator for environmental history, explores the tobacco industry's greater reliance on advertising during the mid-20th century, a topic well documented across the museum's collections.
Just days before this museum opened its doors to the public as the National Museum of History and Technology in January 1964, newspapers across the country ran stories under headlines such as: "Cigarettes Health Hazard, Panel Says" ( Buffalo Evening News), "Cigarettes 'Health Hazard'" ( Lowell Sun).

Sensing the need to counter the growing questions being raised about the risks of smoking, tobacco companies increased their reliance on advertising during the mid-20th century. The peddling of tobacco products during this period often involved deliberately masking the hazards of smoking-indeed, the ads frequently claimed or implied that smoking was healthful.

Tobacco marketers featured healthy, vigorous, fun-loving people in their ads. Often these were celebrity figures from sports and entertainment fields, other times they featured actors portraying physicians, dentists, or scientists. Some ads tapped into concerns about weight gain; some portrayed the middle-class comforts of home, holiday, recreation, or family pets.

For historians wanting to study the role of advertising, popular culture, and image-making on public attitudes and the social acceptability of smoking, this museum holds unparalleled research collections. Among the most colorful and provocative are the over 10,000 tobacco advertisements in the museum's Archives Center, recently donated to the Smithsonian by Dr. Robert K. Jackler and his wife, the artist Laurie M. Jackler.

Motivated by the death of his mother from cancer, Dr. Jackler sought to document the concerted effort to popularize smoking, and the conscious attempt to obfuscate smoking's known health hazards. Working with his wife and Stanford University historian of science Robert N. Proctor, Jackler not only preserved the full range of tobacco ads but compiled a database that allows users to search on particular themes, including ads featuring babies and young people.

As Chair of the Department of Head and Neck Surgery at Stanford University School of Medicine, Dr. Jackler collected a 1930 ad for the American Tobacco Company's Lucky Strike cigarettes (shown at the top of this post) as the epitome of the era's "manipulative quackery."

Advertisements often sought to reassure the public by showing health professionals making false claims, such as "Luckies are less irritating" and "Your Throat Protection-against irritation-against cough." Advertisers incorporated a wide range of trusted authority figures to market products for tobacco companies. A 1949 ad produced for the Brown & Williamson Tobacco Corporation shouted that "Viceroys filter the smoke!" and used an image of a solemn dentist recommending the brand.

In 1936, the advertising agency for R.J. Reynolds Tobacco Company began using the KOOL penguin icon to pitch the menthol-flavored cigarettes during presidential elections. The penguin was illustrated as a calming arbitrator between mascots of the two competing political parties, and thereby implied that smoking KOOLs was a calming choice for supporters of either party. A 40-page 1964 KOOL Presidential Election Guide included information on the election process and outlined the platforms of incumbent Democratic president Lyndon B. Johnson and his Republican challenger, Barry Goldwater.

Advertisers also made extensive use of celebrities. An ad that appeared around 1950 featured the actor Ronald Reagan, who assured readers that he was "sending Chesterfields to all my friends. That's the merriest Christmas any smoker can have-Chesterfield mildness plus no unpleasant after-taste."

Tobacco marketers sought to engage young customers by exploiting a connection to animals, both real and imaginary. Old Gold cigarettes launched a post-World War II advertising campaign revolving around beloved family pets, such as in a 1954 ad showcasing a pair of finger-trained budgerigars.

American corporations enthusiastically tagged products to the women's movement. In 1968, the Philip Morris Company introduced its Virginia Slims brand of cigarettes. The highly successful marketing campaign-with the memorable tagline, "You've come a long way, baby"-targeted young, professional women by co-opting the phrases, imagery, and values of the political movement and eventually sponsoring major tennis tournaments for women. One 1973 ad remarked that: "On Father's Day, Virginia Slims reminds you that founding fathers couldn't have been founding fathers without founding mothers."

Even America's natural landscapes were not immune to exploitation, especially when advertisers hoped that the connection would imply that a product was both liberating and healthy. R.J. Reynolds Tobacco Company-whose slogan "Winston tastes good like a cigarette should" raised the eyebrows of grammarians-used a quintessential Western landmark in Monument Valley to market Winstons abroad as an unquestionable American brand.
Jeffrey K. Stine is the museum's curator for environmental history.

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Smoke gets in your eyes: 20th century tobacco advertisements

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It has been 50 years since the U.S. Surgeon General's first report detailing the health hazards of smoking. Jeffrey K. Stine, the museum's curator for environmental history, explores the tobacco industry's greater reliance on advertising during the mid-20th century, a topic well documented across the museum's collections.

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SOME FEATURES OF TOBACCO HISTORY on JSTOR

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GEORGE K. HOLMES, SOME FEATURES OF TOBACCO HISTORY, Agricultural History Society Papers, Vol. 2 (1923), pp. 385, 387-407

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The Insider: Whistleblower Jeffery Wigand

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The Insider: Whistleblower Jeffery Wigand

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“The Insider Full Movie 1999 | al Pacino, Russell Crowe.” Www.youtube.com, www.youtube.com/watch?v=ZHuHF0U0cwY&t=3302s. Accessed 17 Jan. 2024.

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