1. Taking Action Against Big Tobacco Why it Matters and What You Can Do
Campaign for Tobacco-Free Kids
July 2010

2. Beware of the wolf in sheep’s clothing!
Presentation Outline
Tobacco Industry Wrongdoing
Why we must act
Strategies tobacco industry uses to grow its business
How to counteract the industry to achieve strong tobacco control policies
- Examples of successful policy campaigns
Beware of the wolf in sheep’s clothing!

3. FCTC Article 5.3 Guidelines
Principle 1: There is a fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy interests.

4. Maximize profits to fulfill duties to financial stakeholders
Tobacco Industry Goal
Maximize profits to fulfill duties to financial stakeholders
Increase use of its deadly product
Prevent the public and government from taking action to stop business growth

5. Tobacco Control Goals Reduce tobacco-caused disease and death
Decrease use of deadly tobacco products
Change public opinion about tobacco use and the tobacco industry
Push for adoption and implementation of strong tobacco control policies

6. Why We Must Act Tobacco companies are not like other businesses. They:
Intentionally make their products addictive, knowing that their products kill
Use all means – legal and illegal – to sell their deadly products
Deceive the public and policy makers by attempting to appear credible and trustworthy
Aggressively target vulnerable groups
Use lawyers, lobbyists, and public relations firms to undermine tobacco control
Now use strategies perfected in developed markets to addict new smokers in emerging markets
1. The tobacco industry artificially increases nicotine, and then adds ammonia and other chemicals to increase delivery of the nicotine. They also use laser technology to produce ventilation holes that dilute the smoke, reducing nicotine delivery in machine tests but increasing free nicotine delivered to the smoker. Additionally, the industry engineers the particle size of smoke to increase absorption of nicotine and toxins by smoker.
2. The industry’s corporate documents detail their involvement in cigarette smuggling worldwide in order to increase market share. Also, the tobacco industry lawyers were key to big tobacco’s worldwide strategy to case doubt on the health harms of tobacco use and to keep information from the public. (abused attorney-client privilege, prevented the publication of damaging smoking and health studies, recruited and trained scientists to promote the companies’ positions, and engaged in the obstruction of litigation.)
3. In 2006, a U.S. Federal Judge found that the major tobacco companies violated civil racketeering laws and lied to the American people for decades about the health risks of smoking and their marketing to children.

7. The Tobacco Industry’s Death Toll
Currently:
1 in 10 deaths linked to tobacco
4.9 million people die each year from tobacco use
By 2030:
Expected to be leading cause of death worldwide
8 million people a year will die from tobacco use
80% of those deaths will occur in developing countries

8. Overall Tobacco Industry Strategies
Legitimize themselves where they operate
Interfere with the policy making process
Create new users and keep existing ones
UNDERMINE STRONG TOBACCO CONTROL POLICIES

9. Tobacco Industry Strategies
Legitimize themselves where they operate
using corporate philanthropy
funding “socially responsible” activities
conducting media “trainings”
funding supportive research
creating/funding issues-specific alliances

10. Tobacco Industry Strategies
Interfere with policy making process.
They create allies and increase influence among policy making and regulatory bodies by:
lobbying
political funding
drafting bills; submitting comments
participating on committees
providing political donations, gifts, trips, and perks

11. TI Tactics to Defeat Strong Legislation
Tobacco companies will attempt to:
Pass a weak law
Link to emotional issues
Introduce bills to make you waste time and resources by playing defense
Hide their measure in an unrelated bill
Influence legislators’ votes by gathering and using information about their beliefs, interests, constituents, favorite charities etc.

12. Tobacco Industry Strategies
Create new users and keep existing ones
advertising, promotion and sponsorships targeted at kids, young people and women
new product “innovations”
expansion into emerging markets
pricing strategies

13. HOW Their Strategies Impact Policy Change
Strengthens their arguments against proven policies
Makes it acceptable for political leaders to:
Associate with them
Accept their money
Defend industry positions
Enables them to enlist other businesses to support them
Blurs debates that should be black and white
Calms the OUTRAGE that is critical for action =
INCREASES THEIR CREDIBILITY

14. Impact Specific Policy Campaigns
Specific Examples
HOW Their Strategies
Impact Specific Policy Campaigns

15. How TI Undermines Smoke-free Policies
Falsely claim public support for regulation of public smoking
Propose ineffective voluntary regulation or weak legislation to stop strong enforceable laws
Create, influence and mobilize allies
Change product design and type
Challenge legality of smoke-free laws
An analysis by research market analysts shows that smoke free environments are a threat to the global tobacco industry.
The industry publicly claims that business owners and not governments should decide whether people are protected against SHS exposure in public places, but privately they promote the concept of accommodation to lobby for the delay of further restrictions on public smoking.
They submit comments on draft legislation that do not protect people from SHS, offer government “technical assistance” in drafting legislation to push accommodation measures, and promote weak laws worldwide as model legislation.
Oftentimes, they create, influence and mobilize hospitality groups to act on their behalf to oppose strong smoke-free laws.
They create shorter, wider cigarettes for a quick nicotine fix during smoke-breaks, leaving the bar, etc. – that fits more easily into shirt products. They also have created dissolvable tobacco orbs and snus.
US Experience: Majority of lawsuits filed on behalf of industry or its allies fail. Also, the constitutional right to smoke is without merit. Lawsuits are simply used as a delay and scare tactic. INTERNATIONAL Experience: The Constitutional Court in Guatemala found that the national smoke-free law was constitutional and enforceable. Additionally, challenges that were upheld in lower courts are now pending appeals in countries such as Argentina, Brazil, and Kenya.

16. How TI Protects its Ability to Engage in Advertising, Promotion and Sponsorships
1. Engages in marketing tactics that get around partial APS bans
Point of sale, sports and concert sponsorships, etc.
2. Conducts misinformation campaigns and mobilizes allies/retailers to ensure partial bans
3. Challenges legality of comprehensive bans
right to advertise legal product
voluntary codes
loss of advertising revenues
4. Corporate Social Responsibility IS Advertising and Promotion
2. In 2009, PMI launched a misinformation campaign on the effect of tobacco product display bans on its corporate web site. PMI stated, “We oppose product display bans…which will lead to increased price competition, unnecessarily restrict non-price competition, and encourage illicit trade – all of which undermines public health objectives.”
3. The tobacco industry argues that advertising restrictions violate the right to economic freedom, right to property, right to non-discrimination and consumer rights. They also assert that voluntary marketing codes are all that are needed to protect children from APS, and they claim that advertising restrictions result in a substantial loss of advertising revenue.
4. CSR promotes tobacco companies and tobacco use, creates brand recognition, targets key segments of the population such as women, children and policymakers, and creates allies and preserves influence for the industry among policymakers.

17. TI Strategies to Keep Prices Low
1. Directly lobby for favorable tax structure
2. Fight for tax equalization of different tobacco products
India (bidis) & Indonesia (kreteks)
3. Implement pricing strategies
Add a Manufacturer’s Price Increase (MPI) at the same time as tax increase
Launch economy brands
Introduce smaller pack sizes
This includes using organizations that they financially support (such as International Tax and Investment Center) to promote their position on tax policies to governments.
3. Other pricing strategies include increasing prices in markets where volume is shrinking, and focusing marketing on international brands, which are generally higher prices, and offering those brands at mid-price or economy prices where possible.
Marlboro pillow packs, Philippines 2008.

18. TI Strategies to Undermine Effective Health Warnings
Creative means of communicating false information on health benefits
Promote light and low tar, though they have no health benefits. Use descriptors and color coding to imply tar levels
Use packs to circumvent APS bans and to mislead consumers
Launch misinformation campaigns
Aimed at retailers and public to oppose plain packaging and standardized packaging of products

19. Countering the TI Must be Part of All Policy Campaigns
Expose and counter the tobacco industry’s wrongdoing that promotes tobacco use, the tobacco industry, and weakens tobacco control policies;
Use this information to discredit the tobacco industry and create outrage among policy makers and the public to stop their ability to influence policy making; AND
Advocate for strong tobacco control policies embodied in the FCTC and FCTC Guidelines.

20. Call to Action
Monitoring and exposing tobacco industry strategies are ESSENTIAL elements of our policy campaigns.
WE MUST create an environment that enables passage and implementation of strong tobacco control policies.

21. Themes to Counter the Industry
Discredit them and remove them as stakeholders
Create outrage about their deadly tactics to push decision-makers to act
Expose the impact of their strategies on tobacco control policies
PUBLICLY link their bad acts to their real goal – to maximize profits

22. EXAMPLES of SUCCESSES CSR in China Advertising Ban in Mexico
Political Interference in Indonesia

23. CSR in China: Discredit tobacco sponsorship campaigns
(1) Ministry of Civil Affairs canceled the nominations of tobacco companies for philanthropy awards (Nov 2008).
(2) Shanghai World Expo returned RMB 200 million ($US 29.3 million) Shanghai Tobacco Company to support China’s pavilion (July 2009).
(3) 11th National returned all donations from tobacco companies (Oct 2009). 23

24. CSR in China: Discredit Tobacco Sponsorship Campaigns
Essential Elements:
Tobacco Control organizations partnered to write letters, meet with officials, generate media stories:
China has an obligation to uphold the FCTC
Sponsorships violate FCTC Articles 5.3 and 13
Responsible action calls for end to these practices
Lessons Learned:
Partnerships lead to success
With each victory, persuading decision makers gets easier and TI sponsorship is viewed as not “normal”

25. Ad Ban in Mexico: Exposing Illegal APS Activity
Essential Elements:
Advocate for enforcement
Proper age verification
Enforced prohibited free handouts at concerts
Advocate for stronger laws
Media advocacy
February and March 2009
“Marlboro MXBeat concert defies the General Tobacco Control Law”
Lessons Learned:
Partnerships essential
Civil society can influence compliance and put government on notice that failure to enforce will be publicly exposed 25

26. Policy Interference: Exposing Political Corruption in Indonesia
Article in Health Bill defining tobacco as an addictive substance was deleted prior to being sent to the President’s office
GM Sudarta, Kompas (14 Oct 2009).

27. Policy Interference: Exposing Political Corruption in Indonesia
Essential Elements:
Tobacco control joined with Indonesian Corruption Watch (ICW) to publicly expose potential tobacco industry interference by:
- Police investigation
- Formal investigation by Ethics Council of Parliament
- Media advocacy
Lessons Learned:
- Collaboration with entities outside tobacco control
- Public exposure leads to success

28. How to Counter the Tobacco Industry
WHAT NOW?
How to Counter the Tobacco Industry

29. Learn About the Tobacco Industry
Compile information about tobacco companies in your country:
Their size, profits, CSR programs
Who is on their boards
Locations of corporate headquarters and manufacturing plants
Their spokespeople in the media and with governmental bodies

30. Monitor Big Tobacco Examples of sources to monitor Types of TI Tactics
Conduct community surveys
Track media
Check corporate websites
Read tobacco company annual reports
Read government minutes and reports
Types of TI Tactics
Advertising, Promotion & Sponsorships
Corporate Social Responsibility Programs
Buying Influence
Interference in policy

31. Monitor Tobacco Control Legislation
After the bill is introduced
Track the bill carefully
Watch for weaker alternative proposals
Check all versions of a bill as it goes through the process

32. Decide When to Act When you learn about a TI activity, ask:
Does it undermine or weaken our ability to reach our policy goal? OR
Would exposure of the TI activity create outrage or generate media?
If yes, then act!
Be timely – often requires rapid action

33. Be Strategic and Focused
Develop a Plan
Clarify your goal
Gather background information about TI activity
Work with partners
Identify target audiences and how to reach them
Develop key messages
Identify the messengers
Identify and develop multiple strategies to convey
Implement the plan!
Track progress and evaluate results

34. Clarify Your Goal What can you accomplish?
How would it fit into your overall strategy?
May directly address your policy goal now – for example, a sponsored event may vividly depict the need for a comprehensive tobacco APS ban.
May pay off dividends later- for example, exposing TI bad acts may create public outrage about the industry and undermine its influence.

35. Gather Background Information
Conduct research to find out more about TI activity - who, what, where, when, and how
Gather background information on key players involved in the TI activity – look for points of vulnerability

36. Preparation for Policy Campaigns
Prior to introducing a bill:
Identify and work with experts to provide data to support the policy
Identify and establish relationships with journalists
Identify and establish relationships with friendly policy makers and staff of key commissions and committees to educate them about the issue, and to stay informed about progress of the bill and TI involvement

37. Partner with Other Organizations
Working with groups that share similar goals will help to achieve policy goals
Experts provide credibility and data to support the policy
Partners may add credibility and reach with different target audiences

38. Who is the Audience
Target those with power and influence to help achieve your goals
Include the public in order to educate them about industry motives and increase support for tobacco control policies

39. What is the Message?
Key messages should convey what the TI is doing, why this is wrong, and what should be done about it.
Include messages that directly counter industry positions or stories
Tell a compelling story to:
Motivate your audience to speak up and act

40. Who Can Reach Your Audience
Choose the best messenger for the audience
Consider all options including your partners: Who does your target audience respect or trust?
Who is your target audience politically responsive to?
Note: It also is important to avoid messengers your target audience dislikes, distrusts or does not find credible

41. Strategies to Reach Your Audience
Identify the best ways to reach your audiences
Use multiple strategies:
Earned media: articles, op-ed pieces, letters to the editor
Paid media
Meetings with policy makers or other officials
Writing letters
Public demonstrations

42. Evaluate Your Efforts During the campaign: At the end of a campaign:
Evaluate strategies to be sure they are being implemented and achieving your objectives
Mid‑course corrections must be made if necessary to achieve success
At the end of a campaign:
Assess what did and did not work
Celebrate your Successes!

43. Effective Advocacy Is timely Contains clear messages
Exposes the TI tactic/activity
Clearly conveys the need for action
Uses the best-available evidence
Includes a specific ‘ask’ for action
Comes from a respected messenger
Increases support and stimulates action

44. Remember
Tobacco control advocates are the tobacco industry’s biggest competitor
The tobacco industry will pull out all the stops when threatened so be prepared and thorough

45. “Tobacco use is unlike other threats to global health
“Tobacco use is unlike other threats to global health. Infectious diseases do not employ multinational public relations firms. There are no front groups to promote the spread of cholera. Mosquitoes have no lobbyists.”
WHO Committee of Experts Report
on Tobacco Industry Documents, 2000