National Summit on Smokeless and Spit Tobacco

1. Point-of-Sale Tobacco Advertising and Promotion National Summit on Smokeless and Spit Tobacco Madison, WI ● September 21, 2009

2. Agenda • Point-of-sale tobacco advertising and promotion: definition and types • Regulation • Contracts • Promotion $$$ • Why we care • Research findings • Policy

3. Point-of-Sale Advertising and Promotion • Point-of-sale tobacco advertising and promotion (POS) has increasingly become a key strategy for the tobacco industry

4. What is POS? • Signage at the point-of-sale

6. What is POS? • Price promotions: • Value-added (buy-one-get-one free, etc.) • “Buy-downs” • Retailers sell products at discounted rate, tobacco company cuts a check for the amount “lost” by retailer at the end of buy-down period

7. What is POS? • Promotional allowances paid to retailers • Allowances given to retailers to facilitate sales • Shelving • Stocking • Displaying merchandise • Volume rebates

8. Regulation • POS is largely unregulated by the: • Master Settlement Agreement (1998) • Smokeless Master Settlement Agreement (1998) • These settlements are legal agreements between the largest tobacco companies and Attorneys General across the country; they restrict the type of marketing that these companies can participate in.

9. Contracting • Usually (but not always) POS is set-up and enforced through contracts with retailers • Makes it difficult to work with retailers on voluntary POS reduction policies • Often negotiated at highest corporate level

10. Contracting • In the past, POS contracts have focused primarily on cigarette marketing. However, higher taxes and increasing smoke-free laws have forced the industry to begin focusing on “OTP”- Other Tobacco Products

11. Cigarette Companies Enter Smokeless Market • RJ Reynolds acquired Conwood (Kodiak, Grizzly)- 2006 • Altria acquired UST (Skoal, Copenhagen)- 2009

12. POS:How much money are we talking about?

13. Cigarette Promotion • From 1998 to 2006, the U.S. cigarette advertising and promotions budgets nearly doubled growing from $6.7 billion to $12.5 billion • In 2006, approximately84%, or $10.5 billion,of this was spent advertising and promoting cigarettes at the point-of-sale Source: Federal Trade Commission. Federal Trade Commission Cigarette Report for 2006. Washington, DC; 2009.

14. Smokeless Promotion • From 1998 to 2006, the U.S. smokeless tobacco advertising and promotions budgets more than doubled growing from $145.5 million to $354.1 million • In 2006, approximately 65%, or $230 million, of this was spent advertising and promoting smokeless tobacco at the point-of-sale Source: Federal Trade Commission. Federal Trade Commission Smokeless Tobacco Report for 2006. Washington, DC; 2009

15. Smokeless Promotion

16. Why is POS Important? • Past research has shown that POS has been more prevalent in stores where adolescents shop frequently • Exposure to higher levels of POS increases the likelihood that adolescents will start smoking Henriksen L, et al. Tobacco Control 2004;13(3):315-8. Slater SJ, , et al. Archive of Pediatric Adolescent Medicine 2007;161(5):440-5.

17. Why is POS Important? • Communities with disadvantaged socioeconomic profiles tend to have the most tobacco advertising • Smokers of mentholated brands (typically youth & minorities) are more likely to take advantage of promotional offers Laws MB, et al. Tobacco Control. 2002;11 Suppl 2:ii71-3. Barbeau EM, et al. Preventive Medicine. 2005;40(1):16-22. White VM, et al. American Journal of Preventive Med. 2006;30(3):225-31.

18. Ramsey Tobacco Coalition (RTC) Research • Summer 2007- attempted to collect POS data from all licensed tobacco vendors in Ramsey County, W. St. Paul, and S. St. Paul • 652 licensed vendors total • Gathered complete (interior and exterior) POS data on 491 vendors; gathered data on just exterior POS on 52vendors

20. 2007 Research Findings

21. Mean number of ads per store: 14 • Median number of ads per store: 8 • Range of ads found in an individual store: 0-81

23. Smokeless Tobacco Findings • Interior advertisements for smokeless tobacco were found in 20% of stores • Chain stores were more likely than non-chain stores to display ads for smokeless tobacco (35% vs. 8%)

24. Findings from 2009

27. Most Advertised Brands in Study Area • Marlboro, Camel, Newport • These three brands are also the most commonly preferred brands among youth aged 12-17; 81% of smokers in this age group report preferring one of these brands Source: Centers for Disease Control, 2009

28. Stores in block groups with a larger proportion of the population that was African American or living below the poverty line were more likely to have more tobacco ads (p< 0.01).

29. Research to Action

30. Policy Options • How other states are taking action • Reduce Remove (CA): Voluntary removal of tobacco advertisements • Media literacy (NY): Educate public about POS effect on young people • Petition for legislature to pass a resolution to reduce tobacco ads in stores (NY) • Tobacco ad teardown: Youth ask stores to remover advertising in exchange for youth clean up store/grounds (WY) • Legislature banning advertisements in pharmacies (San Francisco and Boston) After Before

31. Policy Options • Enforcement of sign code • Enforcement of vending machine laws • Imitation tobacco ordinance • Prohibit sale of “loosies” • License fees

32. Policy Based Youth Programming Ramsey Tobacco Coalition work on imitation tobacco products ordinance • Grew out of POS assessment

33. Policy Example Youth met with key decision makers in St. Paul, shared findings and asked for change Introduction and passage of a St. Paul ordinance banning imitation tobacco products aimed at kids, recommended by World Health Organization.

34. Policy Options • http://link.brightcove.com/services/player/bcpid1870915446?bctid=18332839001

35. FDA Regulation • FDA Regulation of advertising– wait and see what happens here • Starting in Sept 2012, regulates point-of-sale tobacco advertising (tombstone) • Allows states and local governments to regulate promotional activities (coupons, value-added, buy-downs, etc.)

36. FDA Regulation Highlights • Requires larger more visible, and more informative health warning labels, including color graphics • Local and Federal government can restricts the advertising at the local level as long as it is related to TIME,PLACE and MANNER • Bans outdoor advertising 1,000 feet from schools and playgrounds • Limits ads to black and white visuals • Bans brand sponsorship of sports and entertainment events • “Light”, “ Low” and “Mild” descriptors removed

37. WARNING LABEL WARNING LABEL Cigarette pack under FDA Regulation Cigarette pack now Front Front Back Back

38. Start Noticing…Educate…Advocate Betsy Brock, MPH Director of Research bb@ansrmn.org or 651.646.3005 Katie Engman, CHES Tobacco Programs Manager tobaccoke@yahoo.com or 651.646.3005