CAMPAIGN FOR TOBACCO-FREE KIDS Changing Public Policy to Reduce Tobacco Use

1. CAMPAIGN FOR TOBACCO-FREE KIDS Changing Public Policy to Reduce Tobacco Use

2. Tobacco’s Toll in U.S. • Tobacco is the leading preventable cause of death, killing more than 400,000 each year • Tobacco kills more people than from AIDS, alcohol, car accidents, murders, suicides, and fires combined • Tobacco results in $89 billion in annual health care costs • Nearly 90% of lung cancer cases, 1/3 of total cancer deaths, and 1 in 5 deaths from heart disease are tobacco related

3. Tobacco’s Toll in U.S. • 4,000 kids try their first cigarette every day • More than 1,500 kids become regular daily smokers every day; one-third will die from smoking-related diseases • 21.7% of high school students smoke, according to CDC • 27.4% used some tobacco product in the last month

4. Domestic Cigarette Advertising and Promotional Expenditures 1998 - 2003(thousands of dollars) $15.15 Billion $12.47 Billion $11.22 Billion $9.59 Billion $8.24 Billion $6.73 Billion Includes $10.8 Bill. in price discounts Source: Federal Trade Commission Cigarette Report for 2003

5. The SolutionEvidence Based Policies That Make a Difference • Tobacco Excise Tax Increases • Smoke-free Workplace Laws • Coverage for Smoking Cessation Services • Funding for Comprehensive Tobacco Prevention Programs • FDA Regulation of Tobacco and Tobacco Marketing

6. The Campaign for Tobacco-Free Kids Mission: Reduce Tobacco Use & Its Toll on Health by: • Preventing youth from starting to smoke • Helping smokers quit • Protecting everyone from secondhand smoke

7. Our Role • COMMUNICATIONS: Keep tobacco issue visible to public and framed as a serious public problem that requires action • POLICY PROMOTION: Promote public policies that reduce tobacco use • BUILDING THE MOVEMENT: Strengthen and mobilize effective support for tobacco control

8. Science + Communications + Advocacy + Coalition building = Policy Action, Environmental Change and Behavior Change

9. COMMUNICATIONS KEEPING TOBACCO VISIBLE TO THE PUBLIC AND FRAMED AS A SERIOUS PUBLIC HEALTH PROBLEM

10. The Wall Street Journal July 16, 2001

11. “Did you hear the one about the company that emphasized how efficiently its product kills its customers?” --Dan Rather CBS Evening News July 17, 2001

15. Framing An Issue Don’t Pardon Big Tobacco

18. The most surprising twist in the government's close came from the DOJ itself. Following Kessler's question, "No matter how desirable (a smoking-cessation plan) may be, how can it prevent and restrain future (RICO) violations?" - DOJ attorney Brody suggested a $2 billion-a-year industry-funded cessation program over five years for a total of $10 billion. Yet a DOJ witness, University of Wisconsin professor Michael Fiore, previously proposed a $5.2 billion-a-year program over 25 years for a total of $130 billion. DOJ Scales Back Tobacco Remedy In Fraud Case Brian Blackstone June 7, 2005 WASHINGTON (Dow Jones)--The Justice Department on Tuesday asked a federal judge to find major tobacco companies guilty of civil racketeering fraud and order major changes to the industry, including a national smoking-cessation plan and tight labeling restrictions. Yet government lawyers found themselves on the defensive throughout Tuesday's closing arguments from District Court Judge Gladys Kessler, who suggested the government is asking her to take on too large a role in overseeing the tobacco industry. "You are talking in good generalities; I'm focused about what the final product looks like," said Kessler, who is hearing the nonjury trial. And in the day's most surprising turn, the DOJ seemed to sharply scale back its own key remedy - a national smoking-cessation plan - by $120 billion. That left Philip Morris USA Lawyer Dan Webb in the surprising position of saying he was pleased with the DOJ's close and also put antismoking advocates in the unusual position of criticizing the government in this case. Sharon Eubanks, who heads the DOJ legal team, told Kessler at the start of Tuesday's closing arguments that "the United States has met its burden of proof" for fraud. The U.S. filed suit against cigarette makers in 1999 under civil racketeering, or RICO, laws, alleging, as Eubanks reiterated Tuesday, "a 50-year campaign of fraud and a decades-long pattern of material misrepresentations, half-truths, deception and lies that continue to this day." The DOJ maintains that cigarette makers fraudulently denied since the 1950s the health risk and addictiveness of smoking, marketed to teens and falsely touted the benefits of light cigarettes. "It's hard to imagine a case with more proof of the existence of a RICO enterprise than we have here," said DOJ lawyer Andrew Goldfarb, charging, "They have marched in carefully orchestrated lockstep for 50 years." Defendants include Altria Group Inc.'s (MO) Philip Morris USA; R.J. Reynolds Tobacco Holdings Inc. and Brown & Williamson Tobacco, which have merged to form Reynolds American Inc. (RAI); British American Tobacco PLC (BTI); Vector Group Ltd.'s (VGR) Liggett Group Inc.; and Loews Corp.'s (LTR) Lorillard Inc. statements? What about the First Amendment?" Kessler was sharply critical of the government's proposal to boost industry funding of the American Legacy Foundation, which was established as part of the 1998 settlement with states. "I question whether the record supports the effectiveness of the ALF campaign," Kessler said, adding, "I hope you're not suggesting that I should choose" which third party would run such an educational campaign. $120 Billion Up In Smoke? The most surprising twist in the government's close came from the DOJ itself. Following Kessler's question, "No matter how desirable (a smoking-cessation plan) may be, how can it prevent and restrain future (RICO) violations?" - DOJ attorney Brody suggested a $2 billion-a-year industry-funded cessation program over five years for a total of $10 billion. Yet a DOJ witness, University of Wisconsin professor Michael Fiore, previously proposed a $5.2 billion-a-year program over 25 years for a total of $130 billion. Philip Morris lawyer Webb called the $120 billion gap a sign that the government's case is "floundering." "It's clear the government has not thought through their expansive remedies," Webb said. Brody declined comment following Tuesday's closing argument. A DOJ spokesman didn't immediately return a call seeking comment. William Corr, executive director of the Campaign for Tobacco Free Kids, criticized the DOJ's scaling back of the Fiore plan, calling it "a shadow of the smoking-cessation program that their own witness testified to." Under the DOJ's new proposal, "you're not going to reach the millions of addicted smokers," Corr added. Kessler also seemed to make a final, albeit somewhat joking, pitch for the two sides to settle the nearly 6-year-old case. The Wall Street Journal reported in March that government and tobacco lawyers have met since February's disgorgement ruling with a court-appointed mediator in an effort to settle the case. Dow Jones & Co. (DJ), which publishes The Wall Street Journal, also publishes this newswire. When Brody alluded Tuesday to a settlement of an unrelated case involving flight attendants, Kessler quipped, "Anything can happen in a settlement, which I've tried to Judge Presses DOJ On Remedies Defendants have denied throughout the nine-month trial that they engaged in past fraud and note that they now publicly acknowledge the dangers of smoking. Tobacco lawyers also contend that a $246 billion settlement with states in 1998 makes future fraud impossible. Under civil RICO laws, the government must not only prove past fraud but a likelihood of future wrongdoing as well. DOJ lawyer Stephen Brody countered that "the reality six or seven years after the (1998 Master Settlement Agreement) shows these companies haven't changed and perhaps can't change." Government lawyers asked Kessler to order an industry-funded smoking-cessation program. They also asked the judge to order a tobacco-funded third-party educational campaign through groups such as the American Legacy Foundation and to prohibit companies from using brand descriptors such as "lights" and "mediums." The government also wants specific youth-smoking targets and industry monitors with the power to recommend changes in corporate policies, including compensation and the removal of senior executives. In February, an appeals court rejected the government's attempt to disgorge $280 billion in past profits and proceeds as a remedy, ruling that disgorgement is backward-looking and doesn't restrain future fraud. Kessler has warned the DOJ that the appellate ruling threatens nondisgorgement remedies as well. And that issue remains the biggest threat to the government's case, as Kessler challenged DOJ lawyers on each of the remaining remedies - including one outlined by Harvard Business School professor Max Bazerman on industry monitors. "You are asking for judicial oversight of private corporations," Kessler told Brody, asking the DOJ to cite any similar cases where judges enacted such a remedy. She said last month that she found Bazerman's testimony "troubling on many grounds," though she denied tobacco lawyers' motion to strike it. On the government's proposal to require companies to make corrective statements on smoking and disease, Kessler asked, "Who drafts these corrective

19. Government lawyers asked two of their own witnesses to soften recommendations about sanctions that should be imposed on the tobacco industry if it lost a landmark civil racketeering case… Tobacco Witnesses Were Told To Ease Up Carol D. LeonnigJune 9, 2005 Government lawyers asked two of their own witnesses to soften recommendations about sanctions that should be imposed on the tobacco industry if it lost a landmark civil racketeering case, one of the witnesses and sources familiar with the case said yesterday. Matt Myers, president of the Campaign for Tobacco-Free Kids, said the Justice Department's lead trial lawyer called him May 9 to say her superiors wanted him to scale back the recommendations he had made in written testimony. They sought to remove his suggestions for a ban on tobacco company methods of marketing to young people before Myers took the stand. Myers said he refused to do so. A second witness, scientific expert Michael Eriksen, also departed from recommendations in his earlier written testimony, court documents show. Eriksen declined to comment, but four separate sources familiar with the case said Justice Department lawyers had asked him to do so. The two men were called by the government as part of its lawsuit, which contends that the nation's largest tobacco companies engaged in a 50-year conspiracy to defraud the public about the dangers and addictiveness of smoking. They were considered crucial in helping the government establish financial penalties and other sanctions to be imposed on cigarette manufacturers to help prevent young people from becoming smokers and to protect against what the government calls additional fraud on the public. On Tuesday, after eight months of courtroom argument, Justice Department lawyers announced that they would ask the industry to pay $10 billion -- rather than the $130 billion previously recommended by a government expert witness -- for smoking cessation programs… Matt Myers, president of the Campaign for Tobacco-Free Kids, said the Justice Department's lead trial lawyer called him May 9 to say her superiors wanted him to scale back the recommendations he had made in written testimony. They sought to remove his suggestions for a ban on tobacco company methods of marketing to young people before Myers took the stand. Myers said he refused to do so. A second witness, scientific expert Michael Eriksen, also departed from recommendations in his earlier written testimony, court documents show.

24. Combining Communications and Research in Policy Advocacy to Frame the Issue and Put It in the Public Eye:An Example

25. EVIDENCE

26. PRESS RELEASES FOR IMMEDIATE RELEASE CONTACT: Joel Spivak/Jennifer Friedman January 26, 2005 202-296-5469 States Can Keep Two Million Kids from Smoking, Save Over 600,000 Lives By Fully Funding Tobacco Prevention, New Research Shows States Would Save $23.4 Billion in Health Bills Data Available on Benefits to Each State WASHINGTON, DC (January 26, 2005) – The states would prevent nearly two million kids alive today from becoming smokers and save more than 600,000 of them from premature, smoking-caused deaths if every state funded a tobacco prevention and cessation program at minimum levels recommended by the U.S. Centers for Disease Control and Prevention (CDC), according to new research data released today by the Campaign for Tobacco-Free Kids. States would also save $23.4 billion in long-term, smoking-related health care costs as a result of these reductions in youth smoking. For state-specific estimates of the benefits from funding tobacco prevention, go to: http://tobaccofreekids.org/research/factsheets/pdf/0273.pdf. This analysis is based on a new study published in the February 2005 issue of the American Journal of Public Health (AJPH) that found “clear

27. 50 State Specific Releases FOR IMMEDIATE RELEASE CONTACT: Jennifer Friedman January 26, 2005 / Joel Spivak 202-296-5469 Maine Can Keep 19,870 Kids from Smoking and Save 6,350 from Early Death By Fully Funding Tobacco Prevention, New Research Shows Maine Will Also Save $238.4million in Health Care Bills WASHINGTON, DC (January 26, 2005) – Maine will prevent 19,870 kids alive today from starting to smoke and save 6,350 of them from a premature, smoking-caused death if it continues to fund a tobacco prevention and cessation program at levels recommended by the U.S. Centers for Disease Control and Prevention (CDC), according to new research data released today by the Campaign for Tobacco-Free Kids. Maine will also save $238.4million in long-term, smoking-related health care costs as a result of these reductions in youth smoking. Nationally, if every state increased funding for tobacco prevention programs to CDC minimum levels, they would prevent nearly two million kids from starting to smoke, save 624,650 of these kids from premature death, and save $23.4 billion in health care costs, according to the new data. The Campaign for Tobacco-Free Kids’ analysis is based on a new study published in the February 2005 issue of the American Journal of Public Health (AJPH) that found “clear evidence” of a direct relationship between the FOR IMMEDIATE RELEASE CONTACT: Jennifer Friedman / January 26, 2005 Joel Spivak 202-296-5469 Oregon Can Keep 25,750 Kids from Smoking and Save 8,240 from Early Death By Fully Funding Tobacco Prevention, New Research Shows Oregon Would Also Save $309million in Health Care Bills WASHINGTON, DC (January 26, 2005) – Oregon would prevent 25,750 kids alive today from starting to smoke and save 8,240 of them from a premature, smoking-caused death if it funded a tobacco prevention and cessation program at minimum levels recommended by the U.S. Centers for Disease Control and Prevention (CDC), according to new research data released today by the Campaign for Tobacco-Free Kids. Oregon would also save $309million in long-term, smoking-related health care costs as a result of these reductions in youth smoking. Nationally, if every state increased funding for tobacco prevention programs to CDC minimum levels, they would prevent nearly two million kids from starting to smoke, save 624,650 of these kids from premature death, and save $23.4 billion in health care costs, according to the new data. The Campaign for Tobacco-Free Kids’ analysis is based on a new study published in the February 2005 issue of the American Journal of Public Health (AJPH) that found “clear evidence” of a direct relationship FOR IMMEDIATE RELEASE CONTACT: Jennifer Friedman / January 26, 2005 Joel Spivak 202-296-5469 Delaware Can Keep 14,540 Kids from Smoking and Save 4,650 from Early Death By Fully Funding Tobacco Prevention, New Research Shows Delaware Would Also Save $174.5million in Health Care Bills WASHINGTON, DC (January 26, 2005) – Delaware will prevent 14,540 kids alive today from starting to smoke and save 4,650 of them from a premature, smoking-caused death if it continues to fund a tobacco prevention and cessation program at levels recommended by the U.S. Centers for Disease Control and Prevention (CDC), according to new research data released today by the Campaign for Tobacco-Free Kids. Delaware would also save $174.5million in long-term, smoking-related health care costs as a result of these reductions in youth smoking. Nationally, if every state increased funding for tobacco prevention programs to CDC minimum levels, they would prevent nearly two million kids from starting to smoke, save 624,650 of these kids from premature death, and save $23.4 billion in health care costs, according to the new data. The Campaign for Tobacco-Free Kids’ analysis is based on a new study published in the February 2005 issue of the American Journal of Public Health (AJPH) that found “clear evidence” of a direct relationship between the FOR IMMEDIATE RELEASE CONTACT: Jennifer Friedman / January 26, 2005 Joel Spivak 202-296-5469 Indiana Can Keep 55,870 Kids from Smoking and Save 17,880 from Early Death By Fully Funding Tobacco Prevention, New Research Shows Indiana Would Also Save $670.5million in Health Care Bills WASHINGTON, DC (January 26, 2005) – Indiana would prevent 55,870 kids alive today from starting to smoke and save 17,880 of them from a premature, smoking-caused death if it funded a tobacco prevention and cessation program at minimum levels recommended by the U.S. Centers for Disease Control and Prevention (CDC), according to new research data released today by the Campaign for Tobacco-Free Kids. Indiana would also save $670.5million in long-term, smoking-related health care costs as a result of these reductions in youth smoking. Nationally, if every state increased funding for tobacco prevention programs to CDC minimum levels, they would prevent nearly two million kids from starting to smoke, save 624,650 of these kids from premature death, and save $23.4 billion in health care costs, according to the new data. The Campaign for Tobacco-Free Kids’ analysis is based on a new study published in the February 2005 issue of the American Journal of Public Health (AJPH) that found “clear evidence” of a direct relationship

28. State Specific Impacts

29. Video News ReleaseRWJF Television Health Series • Researcher (John Tauras) • National spokesperson (Bill Corr) • B-roll (kids smoking, cigarettes, etc) • Localized to 21 target states

30. PRESS COVERAGE January 28,2005 Study: Anti-smoking efforts will save thousands (Augusta, ME) January 27, 2005 Report: More money spent, more lives saved (Northwest Indiana) February 15, 2005 Invest for long-term payback January 28, 2005 Report Says Tobacco Prevention Programs Save Lives, Money (DE)

32. RWJF TELEVISION NEWS SERIES

33. LOCAL TELEVISION COVERAGE

34. ADVANCING TOBACCO POLICY CHANGE AT THE FEDERAL, STATE AND LOCAL LEVEL:Bringing Together Science, Communications, Mobilization of Public Support and Advocacy

35. STRATEGIC AND TECHNICAL ASSISTANCE TO STATES

36. An Integrated Approach • Strategic and Technical Assistance • Grants to State Coalitions • Research • Communications Support • Grassroots Mobilization

37. Primary and Secondary Research • THE information resource for the movement • Message development and testing • Political Polling

38. Fact Sheets

39. Oklahoma Voters Support A Tobacco Tax Increase There Is No Difference In Support Between A $1 And A 50-Cent Increase $1 Increase 50-cent Increase 11 9 59 59 7 6 23 21 Oklahoma Statewide survey of registered likely voters - January 2004 Darker shading equals stronger intensity Total numbers are rounded

40. OK - Numbers support link between tobacco tax increase, smoking cessation01/30/2004 By Jeff Packham Staff Writer (GIT) A tobacco tax proposal that would increase the price of each pack by more than 50 cents could face a tough road this session, but the statistics appear to show a connection between higher prices for tobacco purchases and a decline in smoking. The National Academy of Sciences Institute of Medicine claimed in 1998 the "single most direct and reliable method for reducing consumption is to increase the price of tobacco products, thus encouraging cessation and reducing the level of initiation of tobacco use. Figures from the Campaign for Tobacco-Free Kids showed the effects of a 10-percent increase in the price of tobacco would be a nearly 7-percent decline in youth prevalence, a 2-percent decline in adult prevalence and a 4-percent decline in overall consumption. In particular, tobacco taxes have typically had the greatest impact on the purchasing power of kids, lower income populations, ethnic minorities and pregnant women. The latter group was found to reduce smoking 7 percent after a 10-percent increase in price, which is three to four times the effect as among smokers in general. The Campaign for Tobacco-Free Kids claimed termination of smoking during pregnancy resulted in the following benefits: * fewer low birthweight babies and attendant health problems; * less medical costs for caring for low birthweight babies; * fewer cases of spontaneous abortion, neonatal mortality, and Sudden Infant Death Syndrome; and * less exposure of babies to secondhand smoke. Additional data from the Campaign for Tobacco-Free Kids pointed to a direct impact of tobacco tax increases on state revenue growth. Illinois, for example, increased the tax by 40 cents, and gained $104.1 million in new revenues. A 70-cent increase in New Jersey resulted in $204.8 million in new revenues, while Ohio managed to gain $303.5 million in new money from a 31-cent hike. Data presented by the Campaign for Tobacco-Free Kids showed a $1 tax increase in Oklahoma would result in 53,000 fewer youth smokers, which it was estimated to save 16,900 kids a premature death from tobacco. There would also be an estimated 40,000 fewer adult smokers, resulting in 8,800 adults being saved a smoking-related death. The $1 tax could generate $256 million in new tobacco tax revenues, according to the Campaign for Tobacco-Free Kids. It was also estimated that in a five-year period, $12 million could be saved from reducing smoking during pregnancy, $13.6 million could be saved from a reduction in heart attacks and strokes, and $966 million could be saved in long-term healthcare savings from a lack of smoking. As for a 50-cent increase, it was estimated there would be 26,000 fewer youth smokers and 20,000 less adult smokers. The estimated revenue would be $164 million, and the long-term healthcare savings from the discontinued smoking would be $477 million. A recent survey of voting Oklahomans showed that 70 percent would support a 50-cent hike while 68 percent were in favor of a $1 increase in the tobacco tax. Many of those voters were in favor of taxing other tobacco products at the same rate. The proposal has the support of leadership. Gov. Brad Henry has been joined by House Speaker Larry Adair, D-Stilwell, and Senate President Pro Tempore Cal Hobson, D-Lexington, in pushing for a 52-cent tobacco tax increase to use for healthcare issues. Hobson pointed out earlier this week that this was not a partisan issue, and health effects from tobacco use did not discriminate against any one group of people.

41. Communications Support • Earned Media • Paid Advertising • Direct Mail

45. Direct Mail

46. Building The Movement • Grassroots organizing and activism • Lead national coalition – Partners for Effective Tobacco Policy • Build the number of citizens involved (E-Champions) • Provide technical assistance to state and local coalitions (TFAN) • Bring new partners to the movement, with special emphasis on partners in communities targeted by the tobacco industry • Long term sustainability

47. Dear Friends, Nearly 40% of all high school students in West Virginia smoke! That's one of the highest rates in the whole country. Surely, West Virginia can do a better job of protecting our kids than this. One proven effective way to keep kids from smoking is to raise the tax on packs of cigarettes. And, our legislature is considering the idea right now. We owe it to our kids to raise our state tax to at least 55 cents per pack. You can help protect West Virginia's kids by sending a free letter to your State Legislators asking them to increase the tax on cigarettes. Act now! Click below to send your letter! http://tfk.grassroots.com/wv/IT-Leg-030603/ Right now, the West Virginia Legislature is considering a law that would increase the cigarette tax to at least 55 cents per pack. That's why you may have seen newspaper ads this week urging the Legislators to do the right thing and raise the tax. We will need your help to protect our kids. Will you please join me in keeping them safe and healthy? Just below to send a free message to your State Legislators urging them to increase the cigarette tax. http://tfk.grassroots.com/wv/IT-Leg-030603/ If we can get our state to raise the tax to at least 55 cents a pack, it will keep thousands of kids from becoming smokers. And even if it only helped a few kids, wouldn't it be worth it? Tobacco already takes a devastating toll on West Virginia. Nearly 5,000 West Virginia kids will become regular smokers this year. One in three will die prematurely as a result. It will only take a minute to help. And once you've sent your letter, please forward this email to your friends and family and ask them to take action, too. West Virginia's kids are counting on you. Thank you for your help, Carter HeadrickManager, Grassroots and Field OperationsLearn more about this campaign and other important issues. Click here to visit TobaccoFreeKids.org.

48. Over-arching TFAN Goals(Tobacco-Free Action Network) • Solidify activist commitment through interpersonal relationships with state coalitions. • Build political “movement” through powerful grassroots pressure online and offline at the local, state and federal levels. • Move online activists to offline activities. • Connect and coordinate local and national efforts.

49. Faith Initiative • The Campaign with leaders from many religious denominations, has launched a national campaign to mobilize the faith community to support proven solutions to reduce tobacco use. • Religious groups participating in this campaign include Southern Baptist Convention, United Methodist, Presbyterian, United Church of Christ, National Council of Churches, Seventh Day Adventists, American Muslim Foundation, Church Women United and Church of the Brethren.