Tobacco Settlement: It Is Not What
the Tobacco Industry Says It Is
A. PUBLIC HEALTH IMPLICATIONS:
(Page numbers refer to the NAAG version printed off their web
site.)
The Tobacco Industry says the Settlement means a Ban on Marketing to
Youth.: (Section III.(a), page 9)
This section says the tobacco companies will not "take any action
the primary purpose of which is to initiate, maintain, or increase the
incidence of youth smoking". The Tobacco Industry has long maintained
that they do not and have not targeted youth in their marketing. Because
the word "primary" is included in this provision, this appears
to mean that the industry can undertake activities whose primary purpose
is to, say, get smokers to switch brands, but whose secondary purpose of
targeting children. Therefore, this provision does not appear to represent
any change in their marketing strategies and allows the tobacco industry
to continue to market to children as long as that is not their primary
purpose. There is also an inherent heavy burden of proof on public health
officials to prove the Industry is "targeting youth".
Is Joe Camel Really Gone? The Tobacco Industry says the Settlement means
a Ban on Cartoons: (III.(b), page 9)
This section, labeled "Ban on Use of Cartoons" is far from
a ban, for it includes a significant loophole for using cartoons. This
"ban" includes an exemption for cartoons used in any State and
by any participating manufacturer's logo or their packaging as of July
1, 1998 (see definition of "Cartoon" on page 3, II.(l)). So,
current cartoons may continue to be used!
Is Joe Camel really gone? No. According to this definition, Joe Camel
can be used when pictured on the corporate logo or tobacco packaging. Therefore,
the tobacco industry can use in their advertisements a blown up picture
of a pack of cigarettes featuring Joe Camel.
The Tobacco Industry says the Settlement means a Limitation of Tobacco
Brand Name Sponsorships: (III.(c), page 9-11)
This is not a significant limitation. This section allows Participating
Manufacturers to engage in one Brand Name Sponsorship "in the States
per year" (? Does this equal one per state per year?). Currently,
I am unaware of major events commonly sponsored by the Tobacco Industry
in Maine each year, so allowing them to sponsor one event per year is not
a significant limitation.
In the definition section (II.(j), page 3) "Brand Name Sponsorship"
is defined to include as one sponsorship event any multi-state series or
tour, such as any number of NASCAR races. Thus, limiting tobacco manufacturers
to one sponsorship in the States per year still allows them to sponsor
as their yearly event a multi-state, multi-event, multi-day/week/month
event.
This section also includes a prohibition against sponsoring "events
in which the intended audience is comprised of a significant percentage
of Youth". What is a "significant percentage"? How is it
determined that the intended audience is youth? For instance, car races
such as the NASCAR races are often followed by youth (as exemplified by
the high recognition of Ricky Craven by Maine youth).