‘To quarterback behind the scenes, third-party efforts’: the tobacco industry and the Tea Party
Please see the video featuring Prof.Stanton A Glantz.
https://www.youtube.com/watch?v=0420r7AqDwI
Part 2 --- https://www.youtube.com/watch?v=DI7-OA04AWY
Part 3 --https://www.youtube.com/watch?v=VzTEsaE2r2E
Part 4 https://www.youtube.com/watch?v=HgsAA51c9qA
+ Author Affiliations
- Correspondence to Stanton A Glantz, Department of Medicine, University of California San Francisco, Center for Tobacco Control Research and Education, Room 366 Library, 530 Parnassus, San Francisco, CA 94143-1390, USA; glantz@medicine.ucsf.edu
- Received 1 October 2012
- Accepted 29 January 2013
- Published Online First 8 February 2013
Abstract
Background The Tea Party, which gained prominence in
the USA in 2009, advocates limited government and low taxes. Tea Party
organisations, particularly Americans for Prosperity and FreedomWorks, oppose
smoke-free laws and tobacco taxes.
Methods We used the Legacy Tobacco Documents
Library, the Wayback Machine, Google, LexisNexis, the Center for Media and
Democracy and the Center for Responsive Politics (opensecrets.org) to examine the tobacco
companies’ connections to the Tea Party.
Results Starting in the 1980s, tobacco companies
worked to create the appearance of broad opposition to tobacco control policies
by attempting to create a grassroots smokers’ rights movement. Simultaneously,
they funded and worked through third-party groups, such as Citizens for a Sound
Economy, the predecessor of AFP and FreedomWorks, to accomplish their economic
and political agenda. There has been continuity of some key players, strategies
and messages from these groups to Tea Party organisations. As of 2012, the Tea
Party was beginning to spread internationally.
Conclusions Rather than being a purely grassroots
movement that spontaneously developed in 2009, the Tea Party has developed over
time, in part through decades of work by the tobacco industry and other
corporate interests. It is important for tobacco control advocates in the USA
and internationally, to anticipate and counter Tea Party opposition to tobacco
control policies and ensure that policymakers, the media and the public
understand the longstanding connection between the tobacco industry, the Tea
Party and its associated organisations.
Introduction
The Tea Party, a loosely organised network of grassroots coalitions
at local and state levels, is a complex social and political movement to the
right of the traditional Republican Party that promotes less government
regulation and lower taxes.1–4 It is often characterised as a grassroots movement that
spontaneously arose in 2009.4–5 However, it has also been cited as an example of
corporate ‘astroturfing,’5 defined as a movement that ‘appears to be grassroots, but
is either funded, created or conceived by a corporation or industry trade
association, political interest group or public relations firm.’6–8 National organisations funded by corporations,
particularly Americans for Prosperity (AFP) and FreedomWorks, played an
important role in structuring and supporting the Tea Party in the initial
stages.5 They provided training, communication and materials for
the earliest Tea Party activities, including the first ‘Tea Party’ on 27
February 2009.1 ,9 FreedomWorks organised the nationwide Tea Party tax
protests in April 2009,10 the town hall protests about the proposed healthcare
reform in August 20091 and the Taxpayers’ March on Washington the following
September 2009.11 They continued to facilitate and support many of the
local chapters and leaders that arose from the early events in 2009.5 AFP and FreedomWorks continued to facilitate local Tea
Party activities by co-sponsoring rallies,1 ,12 ,13 creating talking points and organisational tips for
supporters,14 ,15 supplying literature for local Tea Party groups16 and providing training sessions.1 ,3 ,17 FreedomWorks was a founding partner of the 2010
Contract from America (recalling the Republican Party's 1994 Contract with
America).18
As of 2012, AFP and FreedomWorks were supporting the tobacco
companies’ political agenda by mobilising local Tea Party opposition to tobacco
taxes and smoke-free laws.19 ,20 This support for the tobacco companies’ agenda
continues the tobacco industry use of AFP and FreedomWorks’ predecessor
organisation, Citizens for a Sound Economy (CSE), as a third-party ally since
at least 1991 (figure 1). Moreover, starting in the 1980s, major US
tobacco companies attempted to manufacture an astroturf citizen ‘smokers’
rights movement’ to oppose local tobacco control policies. These smokers
rights’ groups had grassroots membership in several localities, but were
created, coordinated and funded by the cigarette companies.21
View larger version:
Figure 1.
Connections between the tobacco industry, third-party
allies and the Tea Party, from the 1980's (top) through 2012 (bottom). The
thick black line connects CSE with its direct successor organisations. Online
supplementary tables S1 and S2 provide more details on the linkages depicted in
this figure.
Although the Tea Party is widely considered to have started in 2009,9 this paper presents a historical study of some of the
tobacco companies’ early activities and key players in the evolution of the Tea
Party. Many people in the smokers’ rights effort or the tobacco companies went
on to Tea Party organisations. Moreover, while the Tea Party started in the
USA, it is beginning to spread internationally.22–26 In 2012 FreedomWorks expanded the movement
internationally, training activists in 30 countries, including Israel, Georgia,
Japan, Nigeria and Serbia.22 This international expansion makes it likely that Tea
Party organisations will be mounting opposition to tobacco control (and other
health) policies as they have done in the USA.
Methods
We conducted a standard snowball search27 of the Legacy Tobacco Documents Library, an online
archive of over 80 million pages of previously secret tobacco industry
documents. Initial search terms included: CSE, tobacco tax, Food and Drug
Administration (FDA) and tobacco (1993–1996), Racketeer Corrupt and Influenced
Organisations (RICO), Kessler (1999–2006), Department of Justice (DOJ)
(1999–2006) and lawsuit (1999–2006). We used the Wayback Machine (archive.org) to access old versions of the CSE,
AFP and FreedomWorks’ websites (since 1997) and Google, LexisNexis, the Center for
Media and Democracy (sourcewatch.org and PRwatch.org), Center for Responsive Politics (opensecrets.org) and AFP (americansforprosperity.org) and
FreedomWorks’ (freedomworks.org)
websites’ internal search engines. Internal Revenue Service Form 990s were
obtained from 2002 to 2010 using Guidestar and Foundation Finder for CSE, CSE
FreedomWorks, FreedomWorks and AFP. Searches were conducted from September 2011
to March 2012. We refer to CSE and Citizens for a Sound Economy Foundation as
‘CSE,’ AFP and Americans for Prosperity Foundation as ‘AFP,’ and FreedomWorks
and FreedomWorks Foundation as ‘FreedomWorks.’
Results
Figure 1 provides an overview of the connections the
tobacco industry has with organisations and key players in the Tea Party.
Online supplementary table S1 provides details of key organisations
involved with the tobacco industry and the Tea Party and online supplementary
table S2 provides histories of key individuals.
Historical context for tobacco industry third-party efforts
The tobacco industry historically worked through ‘third-party’ allies28–32 because of its low credibility with the public. By
the late 1980s, confronted with increasing success of the local grassroots
non-smokers’ rights movement, RJ Reynolds (RJR) and Philip Morris began
creating and facilitating ‘smokers’ rights’ groups to oppose smoke-free laws.28 ,33 The smokers’ rights groups were an important component
of the tobacco industry's third-party advocacy efforts in the 1980s and early
1990s. A July 1993 Philip Morris draft plan to create what became the National
Smokers Alliance (NSA) described the political environment:
Lobbying efforts are facing increasing difficulty. Even national representatives from tobacco states are losing heart for defending smokers’ rights and sustaining the tobacco industry. The power of the vested interest of the tobacco industry has not been fully brought to bear in sustaining smokers [sic] rights.34
As of 2012, key personnel from the smokers’ rights groups had
founded or worked at firms that consulted for Tea Party groups (figure 1).
In the 1990s, RJR's smokers’ rights groups were organised through a
network of field coordinators who recruited members, held meetings and provided
meeting agendas, letters to editors and elected officials, a telephone script
for contacting elected officials and petitions.33 By the mid-1990s, RJR was using public relations firms
Ramhurst and Walt Klein & Associates to help coordinate their smokers’
rights groups. Ramhurst was formed in 1993 with support from RJR and run by
former RJR smokers’ rights group coordinators, James Ellis and Doug Goodyear35 ,36 (past vice president of Walt Klein & Associates in
North Carolina, see online supplementary table S2). By 1994 Ramhurst was
coordinating RJR's smokers’ rights groups, providing ‘the field personnel
necessary to implement and execute various programmes and activities related to
RJR's national grassroots programme,’37 with Walt Klein & Associates providing ‘ancillary
services necessary to support the field force.’37
Another smokers’ rights group, NSA, was created in 1993 by Philip
Morris.34 Philip Morris worked with its PR firm,
Burson-Marsteller to create and plan the implementation of the NSA.38 They positioned the NSA as independent of the industry,
even though Philip Morris conceived the idea and provided almost all the funding34 ,39 ,40 (figure 1). NSA leadership was tied heavily to Philip
Morris. NSA president Tom Humber (figure 1 and online supplementary table S2) had been a
Burson-Marsteller senior vice president where he handled the Philip Morris
account and, before that, Brown & Williamson director of government
affairs. Gary Auxier, who also worked on the Philip Morris account at
Burson-Marsteller, became NSA vice president.41 The NSA participated in promoting the ‘Enough is
Enough’ campaign led by (Roger) Ailes Communication that advocated the full
range of tobacco industry policy positions.42–44
The smokers’ rights groups’ publications disputed the health effects
of second-hand smoke, promoted ‘choice’ and individual rights and encouraged
smokers to defend their rights and freedoms.45 Some of these appeals made direct reference to the
Boston Tea Party. For example, a 1989 issue of Philip Morris Magazine
included a section on excise taxes that compared that kind of taxation with the
taxes being opposed during the Boston Tea Party.46 In 1993, Massachusetts smokers’ rights groups
distributed a mailing entitled ‘Protect your right to smoke!’ that included
‘Tea Party’ language to describe opposition to tobacco taxes: ‘New Englanders
don't like unfair taxes—remember the Boston Tea Party?—and they're fighting mad
over proposals in Washington to raise the federal tax on cigarettes from 24
cents a pack to $1.24 or maybe even $2.24 a pack.’47 The tobacco industry and their allied organisations
have been using the ‘Tea Party’ metaphor to oppose taxation since at least the
1980s.
The smokers’ rights groups proved ineffectual at protecting tobacco
industry interests, particularly at stopping local smoke-free laws and they
were phased out in the late 1990s and early 2000s. In a parallel effort, the
industry broadened its reach by funding and collaborating with existing
third-party advocacy organisations and institutes under a unified theme of
freedom, choice and less government. In 1990, Tim Hyde, RJR director of
national field operations, outlined a strategy for RJR to create ‘a movement’
resembling what would later emerge as the Tea Party by
build[ing] broad coalitions around the issue-cluster of freedom, choice and privacy…
…coalition-building should proceed along two tracks: a) a grassroots, organizational and largely local track; b) and a national, intellectual track within the D.C.-New York corridor. Ultimately, we are talking about a “movement,” a national effort to change the way people think about government's (and big business’) role in our lives. Any such effort requires an intellectual foundation–a set of theoretical and ideological arguments on its behalf.48
Another RJR field coordinator later described the company's
motivation for involving and organising third-party organisations: ‘In about
the third year [of the RJR smokers’ rights groups], there was an emphasis on
coalition building—anti-tax groups were a natural. You didn't have to defend
your position on tobacco because a tax is a tax is a tax to these guys.’33 In 1992, Auxier, then at Burson-Marsteller, submitted a
public relations strategy proposal to the Coalition Against Regressive Taxation,49 an industry effort to fight tobacco and other excise
taxes.50 It read, ‘Grounded in the theme of “The New American
Tax Revolution” or “The New Boston Tea Party”, the campaign activity should
take the form of citizens representing the widest constituency base mobilised
with signage and other attention-drawing accoutrements such as lapel buttons,
handouts, petitions and even costumes.’49
Citizens for a Sound Economy
CSE, one of the third-party ‘anti-tax’ tobacco industry partners,
was a think tank dedicated to free market economics. CSE (which split into AFP
and FreedomWorks in 2004) was co-founded in 1984 by David Koch, of Koch
Industries, and Richard Fink, former professor of economics at George Mason
University, who has worked for Koch Industries since 1990.3 ,51 CSE supported the agendas of the tobacco and other
industries, including oil, chemical, pharmaceutical and telecommunications, and
was funded by them.52 In 2002, before Tea Party politics were widely
discussed in the mainstream media, CSE started its US Tea Party (http://www.usteaparty.com) project, the
website of which stated ‘our US Tea Party is a national event, hosted
continuously online and open to all Americans who feel our taxes are too high
and the tax code is too complicated.’53 Between 1991 and 2002 the tobacco companies, mainly
Philip Morris, provided CSE with at least US$5.3 million (see online
supplementary table S3). Philip Morris gave CSE US$250 000 annually in the
early 1990s to start six state chapters.41
Philip Morris (PM) designated CSE a ‘Category A’ public policy
organisation for funding.54 ‘Category A’ organisations were ‘the largest and most
important/sustained relationships’ that were assigned a ‘PM senior relationship
manager’ to put them at the ‘centre of a network of information-sharing among
PM people involved with the organisation’ and ‘[assure] systematic and ongoing
relationship activities’.54 In response to an internal 1999 email asking whether
CSE was worth its current level of funding, Philip Morris’ vice president of
federal government affairs replied:
They are adding this level of value. They have provided significant grassroots assistance, in the nature of several thousand calls to the Hill on the lawsuit [likely the federal RICO lawsuit against the major cigarette companies discussed below] direct lobbying on the lawsuit, some media as well as continuing a very useful level of activity on FET [federal excise tax]/prescription drugs [a proposal to expand Medicare and fund prescription drugs with a tobacco tax]. Throughout the August [Congressional] Recess they have been very active on our behalf in the field in key states with key Members.55
During the 1990s, the tobacco industry was facing a multitude of
threats. CSE helped the industry oppose these challenges (see online
supplementary table S4), including the Environmental Protection Agency's (EPA)
second-hand smoke risk assessment (1992), the Clinton healthcare reform plan
which included a tobacco tax (1993–1994), the Occupational Safety and Health
Administration's (OSHA) proposal to regulate workplace smoking (1994–2001), FDA
regulation of tobacco products (1994–1996) and the DOJ RICO case against the
tobacco industry (filed in 1999), as well as tobacco taxes (throughout the
1990s).
Opposing the EPA report on second-hand smoke
In the early 1990s, the tobacco companies made a major effort to
block the EPA risk assessment that designated second-hand smoke a Class A
(human) carcinogen.29–30 ,56 One strategy was to advocate new risk assessment
standards that would make it impossible to identify second-hand smoke as a
carcinogen.30 ,57 In August 1992 CSE sponsored a conference with an
‘over-regulation’ message, with other industry allies and it featured Vice
President Dan Quayle,30 who had previously expressed interest in the effort to
change the risk assessment requirements.58 Humber wrote to Philip Morris vice president of
corporate affairs ‘to outline … unified and synergistic recommendations for
dealing with the ongoing battle over ETS [environmental tobacco smoke, what the
tobacco companies call second-hand smoke]’ reporting that ‘B-M was involved in
both concept and execution of a strategy that made sure that media coverage of
the [CSE conference's] message regarding over-regulation superseded the
political noise surrounding the VP's appearance’.57 Despite the efforts of the industry and their allies,
the EPA released the report in December 1992 identifying second-hand smoke as a
Class A carcinogen.59
Opposing healthcare reform
The tobacco industry waged a major campaign between 1993 and 1994 to
oppose President Bill Clinton's healthcare reform efforts, particularly the
US$0.75 cigarette tax to help finance it.32 The tobacco industry worked with a broad coalition
against the proposed reform, which included CSE and RJR's smokers’ rights
groups (coordinated by Ramhurst) and others. According to a document that
appears to be a report to Philip Morris CEO Mike Miles,
To fight Clinton's proposed $.75 per pack excise tax increase, we are also working behind the scenes to oppose the Clinton package as a whole. The House Energy and Commerce Committee will be a key battleground over the Clinton health care plan and we are giving $400 000 to Citizens For A Sound Economy—a free market based grassroots organization—to run a grassroots program aimed at “swing” Democrats on the Committee.60
CSE campaigned against healthcare reform between 1993 and 1994,
including media appearances, organising community events and coordinating
protests during town hall meetings (see online supplementary table S4).32 ,61
Opposing the OSHA regulation of smoking in workplaces
In the mid-1990s, RJR hired the public relations firm Mongoven,
Biscoe & Duchin to run the ‘Get Government Off Our Back’ (GGOOB) coalition
primarily to oppose OSHA regulation of workplace second-hand smoke (as well as
FDA regulation of tobacco products).31 CSE was one of 39 GGOOB members, 18 of which were
tobacco industry-funded and three more that had split off from tobacco
industry-funded groups. GGOOB promoted an October 1994 resolution calling for
smaller government and fewer regulations and fought smoke-free laws (see online
supplementary table S4).
Opposing the FDA
In February 1994, the FDA started investigating regulating nicotine
as a drug and cigarettes and smokeless tobacco as drug-delivery devices.62 In March 1994 Philip Morris CEO Miles recognised that
‘The Administration has emerged as clearly anti-tobacco. … [including FDA
Commissioner David] Kessler's recent trial balloon on FDA regulation on the
industry. This will also get worse…it seems to me that we need to seriously
reconsider whether our current passive defence strategy is the right strategy,
or whether we have ‘less to lose’ by being more ferocious’.63
The political landscape changed after the November 1994 mid-term
elections, when Republicans took control of Congress. A Philip Morris October
1995 draft action plan established the long-term goal of ‘creat[ing a]
political environment where “moderates” of both parties on the Hill can vote
for legislation that divests FDA of any power to regulate tobacco because they
are convinced that FDA is already failing miserably in accomplishing its “core
mission.”64 They partnered with CSE ‘to quarterback behind the
scenes, third-party efforts to launch, publicise and execute a
broad non-tobacco-based attack on the many failings of the FDA with
respect to its currently authorised statutory activities [emphasis added]’.64 CSE and the Washington Legal Foundation (another
tobacco industry-funded think tank) were the primary third-party groups
designated ‘to monitor and help direct multi-front action plan.’64
Throughout 1995 CSE worked to discredit the FDA and push for major
limitations on its authority. CSE published critical commentary about the FDA,65 and ran full page ads in Congressional Monitor
and the Washington Times.66 Their ‘Death by Regulation’ radio ads accused the FDA
of being slow to approve drugs, thus leading to unnecessary death67 (see online supplementary table S4). CSE also opposed funding
a modernised FDA building, one of Kessler's priorities.67 CSE chairman, C Boyden Gray, testified against the
building in Congress, citing the FDA's ‘overregulation’ and ‘growing
bureaucracy,’ and attacked FDA's slow approval of drugs.67 CSE also tried to reallocate FDA resources to ‘product
approval process’ by partnering with former CSE fellow representative David
McIntosh (R-IN) to freeze the Office of the Commissioner's budget.68
In 2000, after a tobacco industry lawsuit, the Supreme Court ruled
that the FDA did not have authority to regulate tobacco products.69
Opposing the federal RICO lawsuit against the tobacco industry
President Clinton announced in his 1999 State of the Union address
that the DOJ was planning a case against the tobacco industry to recover
smoking-induced Medicare funds under the RICO Act.70 In February 1999, Philip Morris's vice president of
federal government affairs outlined three strategic goals for fighting the
lawsuit: (1) to fight the US$20 million dollar appropriation for the lawsuit;
(2) ‘bar consideration or defeat any legislation that enhances the ability of
the DOJ to successfully bring a cause of action against the tobacco industry;’
(3) exert ‘political pressure’ to block filing of the lawsuit.71
CSE supported these goals during 1999 (see online supplementary
table S4). CSE president Paul Beckner wrote to senate majority leader Trent
Lott (R, MS) and house speaker Dennis Hastert (R, IL), ‘On behalf of our
250 000 grassroots members, I urge you to oppose the federal government's
proposed lawsuit as well as any legislation to facilitate this unprecedented
action.’72 CSE members and staff contacted policymakers,73 drafted commentaries,73 ,74 aired ads75 ,76 and sent out action alerts against the case.73 (see online supplementary table S4)
On 22 July 1999 Congress rejected DOJ's appropriation request.70 (The lawsuit was then funded by the Departments of
Defense, Health and Human Services and Veterans Affairs.) The industry and its
third-party allies failed to stop the lawsuit, which the DOJ filed on 22
September 1999.70 The next day, CSE's Michele Isele Mitola was quoted in
the Washington Times: ‘We see this as a political ploy to find ways to
raise more revenue to fund their [the government's] tax-and-spend agenda.’77 CSE continued opposition until at least 2002,
encouraging supporters to ask newly elected President George W Bush to end the
lawsuit.78 These efforts failed, with federal judge Gladys Kessler
ruling in 2006 that the major cigarette companies and their affiliated
organisations constituted a continuing racketeering enterprise to defraud the
public.79
Opposing tobacco taxes
CSE opposed state tobacco taxes (see online supplementary table S4).
For example, in 1996, the Tobacco Institute (then the tobacco companies’
political and lobbying arm) provided New Jersey CSE with US$40 00080 to fight a tobacco tax increase using mailings, radio
advertisements and patch through calls.81 A Ramhurst representative recruited industry allies
including the New Jersey CSE president, New Jersey smokers’ rights group
president and Grover Norquist of Americans for Tax Reform, to write opinion
editorials opposing the tax.82
CSE opposed national-level tobacco taxes including a 1999 proposed
US$0.55 increase.83 CSE's Michele Isele Mitola sent a copy of CSE's
anti-tobacco tax mailer materials to Beverly McKittrick (Philip Morris's
director of federal policy, tobacco and legislative counsel and Washington
relations) for review. The mailer contained CSE materials, including one-pagers
entitled, ‘Big Government/Tobacco Tax’ and ‘Extinguishing Tobacco Taxes.’84
There was also crossover in employment between CSE and the tobacco
companies (see online supplementary table S2). For example, Michele Isele
Mitola left CSE, where she had held several positions throughout the 1990s, to
work at Philip Morris.85 As of 2012, she was vice president, public affairs at
Forum Strategies and Communications, a communication and outreach firm; all
four leaders of Forum Strategies had worked at Altria/Philip Morris.86–89
CSE becomes Americans for Prosperity and FreedomWorks
Between 2003 and 2004, CSE (a 501(c)4) and CSE Foundation (a
501(c)3) reorganised and changed names. CSE Foundation became AFP. CSE merged
with Empower America to become FreedomWorks. Empower America was an organisation
‘devoted to ensuring that government actions foster growth, economic
well-being, freedom and individual responsibility’90 (see online supplementary table S1). According to the
late former Senator Jack Kemp, the last chair of Empower America, the merger
occurred because ‘by merging the policy expertise of Empower America with CSE's
grassroots machine, FreedomWorks provides the freedom movement with an
organisation that has unprecedented scale, reach, experience and impact.’91
Both AFP and FreedomWorks included senior CSE leaders. Dick Armey,
former Republican house majority leader, was the FreedomWorks chairman as of
2012. He had also been CSE chairman,92 and served as an AFP consultant in 2003.93 FreedomWorks president as of 2012, Matt Kibbe, was a
CSE vice president for 8 years.94 AFP was first led by president Nancy Pfotenhauer,93 a CSE vice president,95 and since 2006, Tim Philips.96 Philips came from Century Strategies, a company he
helped to form with Ralph Reed (of the Christian Coalition) (see online
supplementary table S1).97 Pfotenhauer later led MediaSpeak Strategies,98 an AFP consultant group99 (figure 1). There was also staff continuity between CSE, AFP
and FreedomWorks. For example, Peggy Venable and Slade O'Brien who led the
Texas and Florida CSE chapters, became AFP state directors.76 ,100 ,101
AFP and FreedomWorks maintained policy continuity with CSE and were
using ‘Tea Party’ rhetoric before 2009.102 For example, in 2007, FreedomWorks’ chairman Dick
Armey and president Matt Kibbe, proposed ‘the Boston Tea Party as a model of
grassroots pressure on an overbearing central government.’103 Tea Party rhetoric was also espoused by other
libertarian-oriented groups including Ron Paul's Campaign for Liberty, which
has state chapters, and the Sam Adams Alliance.104
Consultants to AFP and FreedomWorks
The public relations firms FLS Connect105 and DCI Group, co-founded in part by Tom Synhorst,106 consulted for AFP and FreedomWorks107 ,108 (figure 1 and online supplementary table S2). DCI Group's
leadership as of 2012 included Synhorst, Hyde and Goodyear,109 all of whom were with RJR's smokers’ rights programme
in the 1990s.36 ,110 Dan Combs, a DCI Group partner as of 2012, had been
CSE's director of grassroots and mobilisation.111 DCI Group also lobbied the New York City Council for
Altria (Philip Morris) in 2011 and 2012.112
AFP and FreedomWorks oppose tobacco taxes and smoke-free laws
As of 2012, AFP and FreedomWorks were continuing to support the
tobacco industry's broad policy agenda (see online supplementary table S4),
including opposing the EPA113 ,114 and healthcare reform.115 These organisations have been fighting state tobacco
taxes and smoke-free laws since at least 2006 (see online supplementary table
S4).
Both organisations mounted grassroots efforts in opposition to
tobacco taxes in the states and in 2012 were participating in the campaign
against a proposed tobacco tax initiative in California.116 AFP and FreedomWorks have advanced standard industry
arguments against tobacco taxes,117 ,118 including tobacco taxes are regressive,119 ,120 adversely affect business20 ,121 ,122 and shift sales to surrounding states, the internet,
or the black market.123 ,124 In 2009, FreedomWorks fought a proposed tobacco tax
increase in Arkansas with an ‘Enough is Enough!’ advertisement, recalling the
tobacco industry campaign from the late 1980s and 1990s.42 ,125 AFP used the same message to oppose a tobacco tax
initiative (Proposition 29) in California in 2012.126
AFP and FreedomWorks have opposed smoke-free laws across the country
since at least 2006 (see online supplementary table S4). AFP and FreedomWorks
credited their grassroots members with defeating the 2007 North Carolina
smoke-free law.19 ,127 Echoing well-established tobacco industry arguments
and the patriotic rhetoric of the smokers’ rights groups,45 they argued for private property rights,127 ,128consumer choice129 and limited government.130–132
Other third-party groups: tobacco industry and Tea Party affiliations
In 2001, Humber announced that the NSA would be dissolved, with some
of its funds being transferred to the Center for Individual Freedom (CFIF, figure 1),133 ,134 which Humber founded in 1998.135 Its mission is to ‘protect and defend individual
freedoms and individual rights guaranteed by the U.S. Constitution.’136 As of 2012, CFIF's president was former NSA spokesperson
Jeffrey Mazzella137 ,138 and CFIF's corporate counsel and senior vice
president was former NSA attorney Renee Giachino.139 ,140
The National Center for Public Policy Research (NCPPR, figure 1), which promotes ‘principles of a free market,
individual liberty and personal responsibility [as] the greatest hope for
meeting the challenges facing America in the 21st century,’141 has been a longstanding tobacco industry ally and
employs or collaborates with individuals who worked for the tobacco industry.
Philip Morris funded NCPPR in the 1990s,142–144 and NCPPR was a member of RJR's GGOOB.31 NCPPR also opposed FDA regulation of tobacco145 and the DOJ RICO lawsuit against the tobacco industry.146 In 2012 NCPPR was continuing efforts, such as its
‘Occupy Occupy D.C. Smoke-in’ to protest about taxes on smokeless tobacco and
e-cigarettes.147
Thomas Borelli, also an NCPPR senior fellow and his spouse, Deneen
Borelli, an NCPPR fellow (as well as a FreedomWorks’ fellow148) worked for Philip Morris for over 20 years and have
spoken at Tea Party events (figure 1 and online supplementary table S2). While at
Philip Morris, Thomas Borelli served on its public policy advisory council,
which reviewed and prioritised public policy grants for funding and designated
CSE a Category A public policy organisation for funding.54 Dana Joel Gattuso, a NCPPR senior fellow, had been
CSE's deputy director of regulatory affairs.149
Steve Milloy, who served as co-director of NCPPR's Free Enterprise
Project with Tom Borelli,150 helped the industry contest the link between
second-hand smoke and disease.29 Milloy directed The Advancement of Sound Science
Coalition151 (TASSC, figure 1), which was created for Philip Morris in 1993 by
the public relations firm APCO Associates, as part of the effort to undermine
the EPA's second-hand smoke risk assessment.29 Though TASSC was eventually disbanded, Milloy
maintained http://junkscience.com as of
2012152 (see online supplementary table S2).
The Center for Consumer Freedom (CCF) is another example of a Tea
Party-related organisation with strong roots in the tobacco industry. In 2002,
Guest Choice Network became the CCF to oppose efforts by ‘the anti-consumer
forces [to] expand their reach beyond the restaurants and taverns, going into
your communities and even your homes.’153 Lobbyist Richard Berman created Guest Choice Network
in 1995, with US$600 000 in startup funds,154 as well as continued funding from Philip Morris.155–157 It was meant to appear as ‘a restaurant-driven
programme’ to oppose smoke-free restaurants that was not ‘owned’ by Philip
Morris.158
Discussion
The tobacco companies have refined their astroturf tactics since at
least the 1980s and leveraged their resources to support and sustain a network
of organisations that have developed into some of the Tea Party organisations
of 2012 (figure 1). In many ways, the Tea Party of the late 2000s
has become the ‘movement’ envisioned by Tim Hyde, RJR director of national
field operations in the 1990s,48 which was grounded in patriotic values of ‘freedom’ and
‘choice’ to change how people see the role of ‘government’ and ‘big business’
in their lives, particularly with regard to taxes and regulation.
While it is well known that corporations can influence policy, this
case study demonstrates the extent to which a particular industry has leveraged
its resources to indirectly affect public policy. The tobacco companies funded
one of the main Tea Party predecessor organisations, CSE, as well as other
conservative organisations, including the Cato Institute,159 American Enterprise Institute,160 Americans for Tax Reform,161 the Washington Legal Foundation162 and the American Legislative Exchange Council (ALEC)163 ,164 to support the companies’ broader economic and
political agendas. In parallel to the Tea Party's expansion outside the USA, in
2012, ALEC advanced tobacco industry arguments to campaign against cigarette plain
packaging policies in Canada, Australia and the UK and the European Union's ban
on snus.165
The tobacco companies amplified the benefit of funding these
individual organisations by integrating them into coalitions to fight on behalf
of favourable tobacco industry positions (ie, GGOOB, which included CSE), a
prime example of astroturfing.31 In addition, this tactic has continued, as the Tea
Party organisations, AFP and FreedomWorks (descendants of CSE; figure 1) were part of a coalition called Californians
Against Out Of Control Spending, which received a majority of funding from
tobacco companies. As such, they served as a public face for Philip Morris and
Reynolds American's campaign against the tobacco tax initiative in California
(Proposition 29).166 The leadership of the California AFP chapter appeared
on campaign materials and publicly represented the No on 29 campaign in the
media.116 ,126 ,167
The tobacco companies were not the only source of corporate support
for CSE. Other corporate interests have funded and influenced the network of
organisations that support the Tea Party. For example, David Koch was a
co-founder of CSE and AFP Foundation,3 and Koch foundations have supported these groups.168 ,169 Koch Industries is a conglomerate, with multiple
industries including chemical and refining.170 Both CSE and AFP have campaigned for fewer
governmental restrictions on environmental policies.171 ,172
Another example of broader corporate support for a Tea Party-related
organisation is through the CCF (figure 1), which has received funding from the food,
restaurant and agribusiness industries, including Coca-Cola, Monsanto and
Wendy's International.173 This organisation has opposed the Institute of
Medicine's strategies to prevent obesity, including taxing sweetened beverages,
incentivising opening grocery stores in ‘food deserts’ and implementing
restaurant zoning laws.174 In June 2012, the CCF ran a full-page advertisement
in the New York Times opposing New York Mayor Michael Bloomberg's
proposal to end the sale of super-sized sugary drinks in New York City as a
policy to fight childhood obesity. Echoing rhetoric used years earlier to
oppose smoke-free restaurants, the headline proclaimed, ‘The nanny: you only
thought you lived in the land of the free.’175
It is important for policymakers to be aware of the corporate
funding sources for organisations that work to influence public policy. AFP and
FreedomWorks are registered as public charities and social welfare
organisations under the US tax code sections 501(c)3 or 501(c)4, which, as of
2012, do not have to disclose their donors.176 Greater transparency of funding sources for these
organisations would allow policymakers and the public to evaluate more
critically messages and activities of these organisations. Requiring groups to
disclose corporate funding sources before engaging in lobbying activities would
be one way to improve transparency.
Because of the lack of transparency in funding for third-party
advocacy groups and coalitions, members of the general public, the media and
policymakers, may not know who funds and coordinates the coalitions and may
unwittingly aid a corporate agenda. Although AFP and FreedomWorks oppose
smoke-free laws, a 2011 survey on support for smoke-free laws found that the
proportion of people who favour smoke-free laws was similar among those who
identify with, and those who oppose, the Tea Party177 (72% and 75%, respectively, in states without
smoke-free laws, p=0.145 by χ2 and 77% and 87% in states with
smoke-free laws, p=0.139). Tea Party supporters also favour preserving Medicare,1 which does not align with AFP and FreedomWorks’
opposition to government-run healthcare.
Many factors beyond the tobacco industry have contributed to the
development of the Tea Party.9 Anti-tax sentiment has been linked to notions of
patriotism since the inception of the USA when the colonies were protesting
against taxation by the British.178 In addition, the Tea Party has origins in the
ultra-right John Birch Society of the 1950s, of which Fred Koch (Charles and
David Koch's father) was a founding member.9 Often, social movements gain prominence from complicated
connections with established political institutions.179 Although the Tea Party is a social movement, it has
been affiliated closely with, and somewhat incorporated into, the Republican
Party.9 This may be due in part to the increased conservatism of
politically active Republicans since 1970s and the increased polarisation of
American politics.180 Although AFP and FreedomWorks have campaigned for
very conservative policies since the 1980s (as CSE), they capitalised on the
changing political realities following President Barack Obama's election in
2008. In particular, they harnessed anti-government sentiment arising from the
confluence of the mortgage and banking bailout, President Barack Obama's
stimulus package and the Democratic push for healthcare reform, which provided
them with the opportunity for more successful grassroots-level Tea Party
organising.1 In addition, the conservative media, including Fox News
and the network of conservative talk radio hosts and bloggers, provided a
unified forum to amplify these messages.1 The tobacco industry has played a part in building this
network, both by working with Roger Ailes181–184 (who subsequently became Fox News CEO) and
funding the National Journalism Center which ‘train[s] budding journalists in
free market political and economic principles.’56
Limitations
This paper focuses on only one of the multiple industries with
connections to the Tea Party. In addition, it would be difficult to assess and
record the full extent of corporate connections, because they reach beyond
disclosed contributions and industry lobbyists. Another limitation is that a
major source for this paper was the Legacy Tobacco Documents Library, which is
not a complete collection and is limited to documents produced in litigation
against the tobacco industry.
Conclusion
The tobacco companies have created third-party allies, front groups
and used public relations firms to foment the appearance of popular public
opposition to tobacco control policies for decades. Tea Party strategy and
leadership has important roots in these tobacco industry efforts. AFP and
FreedomWorks, national organisers of the Tea Party, grew out of CSE, an
organisation with strong ties to the tobacco industry. AFP and FreedomWorks
continue to mobilise grassroots opposition to tobacco control policies despite
the evidence that Tea Party supporters favour such policies. It is important
for policy-makers, the health community and people who support the Tea Party to
be aware of these complex and often hard-to-track linkages. Rather than being
purely a grassroots movement, the Tea Party has been influenced by decades of
astroturfing by tobacco and other corporate interests to develop a grassroots
network to support their corporate agendas, even though their members may not
support those agendas. Greater transparency of organisation funding is needed
so that policymakers and the general public—including people who identify with
the Tea Party—can evaluate claims of political support for, and opposition to,
health and other public policies. It is important for tobacco control
advocates, in the USA and internationally, to anticipate and counter Tea Party
opposition to tobacco control policies and to ensure that policy makers, the
media and the public understand the longstanding intersection between the
tobacco industry and the Tea Party policy agenda.
What this paper adds
·
Rather than being a grassroots movement that
spontaneously developed in 2009, the Tea Party organisations have had
connections to the tobacco companies since the 1980s. The cigarette companies
funded and worked through Citizens for a Sound Economy (CSE), the predecessor
of Tea Party organisations, Americans for Prosperity and FreedomWorks, to
accomplish their economic and political agenda. There has been continuity of
some key players, strategies and messages from these groups to Americans for
Prosperity, FreedomWorks and other Tea Party-related organisations.
Footnotes
·
Contributors ATF and
RG collected the data and drafted the paper. All three authors participated in
the analysis of the data and preparation of the final paper.
·
Funding This
research was funded by National Cancer Institute grants CA-113710 and
CA-087472. The funding agency played no role in the selection of the research
topic, conduct of the research or preparation of the manuscript. SAG is
American Legacy Foundation Distinguished Professor in Tobacco Control.
·
Competing interests
None.
·
Provenance and peer review
Not commissioned; externally peer reviewed.
·
Data sharing statement
All source materials are publicly available.
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“So live
your life that the fear of death can never enter your heart. Trouble no one
about their religion; respect others in their view, and demand that they
respect yours. Love your life, perfect your life, beautify all things in your
life. Seek to make your life long and its purpose in the service of your
people. Prepare a noble death song for the day when you go over the great
divide.
Always
give a word or a sign of salute when meeting or passing a friend, even a
stranger, when in a lonely place. Show respect to all people and grovel to
none.
When you
arise in the morning give thanks for the food and for the joy of living. If you
see no reason for giving thanks, the fault lies only in yourself. Abuse no one
and no thing, for abuse turns the wise ones to fools and robs the spirit of its
vision.
When it
comes your time to die, be not like those whose hearts are filled with the fear
of death, so that when their time comes they weep and pray for a little more
time to live their lives over again in a different way. Sing your death song
and die like a hero going home.”
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