2007 johns hopkins bloomberg school of public health section b minimizing regulation and public...

2007 Johns Hopkins Bloomberg School of Public Health

Section BSection B

Minimizing Regulation and Public Criticism

2 2007 Johns Hopkins Bloomberg School of Public Health

Co-Branding

LobbyingA concerted effort, through contact with government authorities and elected officials, to influence the approval, modification or rejection of a policy decision such as legislation or regulation.

Co-Branding


Lobbying

Alechnowicz and Chapman (2004) conclude that the Philippines is among world’s slowest to take tobacco control seriously because of “the strongest tobacco lobby in Asia”

Diethelm and McKee (2006) describe tobacco lobby “intimidating and manipulating politicians and decision makers” in European Union member states on smoke-free policies

In October of 2007, delays in labelling legislation prompts the Supreme Court in India to question whether tobacco lobby is “too strong”

Gilmore, et al. (2006), show how BAT used financial clout in Uzbekistan, as largest foreign investor, to rewrite tobacco control legislation


Corporate Hospitality

Goya exhibition, Royal Academy The sponsor, major lenders, scholars, members of the

Royal Academy, government representatives, and many other VIPs will be the guests of the Royal Academy at the opening night reception

BAT, 1993, Bates No. 502602532

U.S. Formula One Grand Prix In the framework of the corporate hospitality program a

group of four leading Russian journalists was invited by BAT Russia to the Formula One championship in the U.S.

The trip got very positive feedback from the journalists and helped to improve the company's media relations

BAT, 2000, Bates No. 760019137-47


Front Groups

FORCES International

Forest

National Smokers Alliance (NSA)

International Tobacco Growers’ Association (ITGA)


Undermining Regulatory Bodies

Source: World Health Organization. (2000).

2000 report: Tobacco Company Strategies to Undermine Tobacco Control Activities at the World Health Organization

Philip Morris’ “Boca Raton Action Plan” 26 wide-ranging goals led

by Geoffrey Bible Tobacco portrayed as a first

world issue being foisted upon developing countries, where other issues (HIV/AIDS) should receive greater priority


Images source: Wall Street Journal. (1988 and 1989).

Undermining Regulatory Bodies: Paul Dietrich


Undermining Regulatory Bodies

“When a powerful body such as the World Bank aligns with the WHO to help force through the WHO’s . . . agenda, it raises serious questions about a fundamental abuse of power. If threats to funding exist for developing countries . . . then we are seeing a dark side of globalisation.”

—Martin BroughtonChairman of British

American Tobacco (2001)


Successfully Influencing Public Policy

“A law prohibiting tobacco advertising was passed in Ecuador but, after a mobilization of journalists from throughout Latin America and numerous organizations, it was vetoed by the President. A similar bill was proposed in Peru, but was sent back for reconsideration . . . In Venezuela, we were successful in stopping a detrimental, self-regulating advertising code, and are now negotiating a new one. Our work in Senegal resulted in a new advertising decree which reversed a total advertising ban.”

—PMI Corporate Affairs (1986)


Public Relations

“Our companies will take steps to enhance their efforts to communicate about the risks of smoking and will continue to work to make our views on the risks of smoking clear . . .”

—BAT, Social Report Overview (2003)

“We are committed to working with governments, civic and international organizations, and the public health community to find sensible and effective regulatory solutions that address complex tobacco issues . . .”

—Director of Corporate Affairs, PM Asia (2001)

Image source: Legacy Tobacco Documents Library. (1998).


Paid Consultants

Sought to influence public opinion and policy through the recruitment of prominent scientists

Criticism of the mounting evidence on the health effects of smoking has been prolonged and persistent for decades

Journalists, writers, public figures, and scientists—paid to create controversy and doubt in the public mind


Paid Consultants

Proposed research on nicotine and Alzheimer’s Disease

“. . . the expected project will be out of the scope of my present research programs and will inevitably suffer a financial difficulty, I therefore hope BAT could consider to sponsor this project (I have the budget attached too). In return, the regular academic reports about the progress of this project will be made available to BAT. Most important and obvious, the results will be in BAT’s favor and could be publicized in a proper way through the proper channels on the terms and conditions we should set in advance.”

—Letter from Xu Qijin (National Research Institute for Family Planning) to Chris Proctor,

BAT,1997, Bates No. 325305380


Industry-Funded Research Bodies

Institut für Industrielle und Biologische Forschung GmbH (INBIFO) run by Phillip Morris since the 1970s as “a locale where we might do some of the things which we are reluctant to do in this country”*

“Let’s face it. We are interested in evidence which we believe denies the allegation that cigaret (sic) smoking causes disease”†

Sources: *Wakeham, H. (1970). Bates no. 2012580902/0903; †Wakeham, H. (1970). Bates no. 2022200161/0163.


Project Whitecoat

“Philip Morris presented to the UK industry their global strategy on environmental tobacco smoke. In every major international area . . . they are proposing, in key countries, to set up a team of scientists organised by one national coordinating scientist and American lawyers, to review scientific literature or carry out work on ETS to keep the controversy alive. They are spending vast sums of money to do so.”

—Philip Morris (1988)

“We should attempt to get some high-powered spokes-persons or reputable scientists to do the job”

—Phillip Morris, n.d. as quoted in Muggli, et al. (2001),

Asian Regional Tobacco Industry Scientist Team


Paid Consultants

“Membership in ARTIST is open to all scientists or other technically competent individuals employed by tobacco companies located in, or whose affiliates operate in, the Asia-Pacific region . . . under no circumstances shall it: make any statements (either public or nonpublic) regarding the health risks associated with, or any other consequences of, using any tobacco product;”

—Phillip Morris, 1999, as quoted in Tong and Glantz (2004)

ASEAN Scientific Scholarship, 1997 “For scientists within the ASEAN countries.” “To enhance the training and interaction of scientists

within the region . . .” BAT, Bates No. 072522711


Paid Consultants

“Preferential considerations would be given to scientist working in the areas related to indoor air quality (IAQ), such as source emission, exposure assessment, ventilation and other technical solutions for IAQ problems, epidemiology, and risk assessment.”

—BAT, Bates No. 072522711


Paid Consultants

“Many of the components of cigarette smoke are also present in the air or smog of industrialised cities. It will give you some idea of what can be expected from consultants on the scientific side.”

—Sharon Boyse, Latin ETS project, BAT, Bates No. 500515195


Peer Review vs. “Special Review”

“Restructuring will probably be required to control the risk of generating adverse evidence admissible in U.S. lawsuits. . . . Direct lawyer involvement is needed in BAT activities pertaining to smoking and health from conception through every step of the activity.”

—BAT (1984) as quoted in Hanauer, et al. (1995)

“A preprint of a next to final copy of the paper we would like to submit to the New England Journal of Medicine is also enclosed (I say penultimate copy because I await your comments prior to submission).”

—Letter by Professor Henry Rothschild to T. Finnegan (Jacob & Medinger [1979])

as quoted in Bero, et al. (1995)


Influence on Public Opinion and Policy

“Articles by tobacco industry affiliations (often undeclared) were 88 times more likely to report negative findings between passive smoking and health effects.”

—Barnes & Bero (1998)

“ETS science: European Working Group of independent scientists commissioned by British-American Tobacco and two other companies to review ETS science on lung cancer. Press conference and release based on their conclusions achieved coverage in many markets.”

“Malaysia . . . ETS media briefing resulting in positive, balanced editorial in leading Malay newspapers”


Influence on Public Opinion and Policy

New Zealand Deferment of amendments to smoke free environment

act Implementation of voluntary code for in-store material Delay in implementation of Australian health warnings

. . . ETS hospitality seminar BAT, 1996, Bates No. 900004840


A Worldwide Strategy

Chapman, et al. (1994). All Africa conference on tobacco control. BMJ.

Lee & Glantz. (2001). The tobacco industry's successful efforts to control tobacco policy making in Switzerland. WHO.

Hammond & White. Voice of truth: Multinational tobacco industry activity in the Middle East. WHO.

Barnoya & Glantz. (2002). Tobacco industry success in preventing regulation of secondhand smoke in Latin America. Tobacco Control.


A Worldwide Strategy

Gruning & Gilmore. (2006). Tobacco industry influence on science and scientists in Germany. AJPH.

Barnoya & Glantz. (2006). The tobacco industry’s worldwide ETS consultants project: European and Asian components. EJPH.


Consumers

Lessons for Tobacco Control Policy

Direct tactics Indirect tactics

Ban on tobacco marketing and advertising

Public information

Regulations stating what industry can do rather than what cannot

Disclosure of tobacco industry funding

Policy makers

Disclosure of, and limits to, political donations

Restrictions on scope and scale of corporate hospitality

Scholarly community

Research code of practice

Conflict of interest disclosure

Restrictions on receiving tobacco industry funding

Disclosure of funding sources


What Is “Good” Science?

Respect code of practice for socio-economic research “A synthesis of the contents of a large number of

existing professional and ethical codes of practice, together with current legal requirements in the EU”*

“To protect researchers from unprofessional or unethical demands and to raise awareness of ethical issues and spread existing professional good practice”*

Three underlying principles Upholding scientific principles Compliance with the law Avoidance of social and personal harm

Source: *The RESPECT Project. (2004).


Upholding Scientific Standards

1Ensure research findings are reported truthfully, accurately and comprehensively without misrepresentation, fabrication, distortion, suppression or misinterpretation of data

2Ensure selection and formulation of research do not predetermine an outcome and exclude unwanted findings from the outset

3Ensure appropriate skills and qualifications in research team and report their qualifications accurately and truthfully

4Ensure methodology and findings are open for discussion and peer review

5Declare any conflict of interest including source of funding in any communication about the research


Tobacco Industry Funding to Universities

“With due respect for the academic freedom of members of the faculty and their right to pursue any and all legal avenues of inquiry, the School will no longer accept new research grants or contracts from organizations known to be directly or indirectly funded by the tobacco industry.”

—Johns Hopkins Bloomberg School of Public Health, 2000

“From a date not later than 1 January 1998, the University will not accept research grants from the tobacco industry.”

—University of Melbourne, 1997

“A new policy that establishes special review and approval procedures for research proposals involving funds from tobacco companies or affiliated agencies.”

—University of California, 2007


Summary

Tobacco industry has used a wide range of direct and indirect tactics to promote its interests

Tactics have been used throughout the world to influence consumers, policy makers, and scholars

While direct tactics are recognised, and largely accepted as standard business practice, indirect tactics are often dishonest, unethical, and even illegal

Need for effective regulation of direct and indirect tactics