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Getting Away With Murder

While such bogus “debates” continued in medical and policy circles, the tone of cigarette advertising, as Brandt shows, changed once again. In 1953, tobacco executives met privately in New York’s Plaza Hotel and collectively decided to stop claiming that one brand was healthier than another, since this would likely generate discussion of the risks of smoking in general. Instead, the companies changed the subject from health back to fun. The doctors were phased out and the ads returned to the earlier themes of fantasy, rebellion, and freedom. One frank advertising executive, whom Brandt quotes, put it this way: “We’re not trying to sell cigarettes, we’re selling a way of life, an exclusive club which has its own song, its own passwords, and a membership of millions.” The advertiser’s task was to “create an image of the swinging people who smoke your brand. We’re saying, ‘Look attractive, feel at ease, smoke Burpos with that filter of straw or that carcinogenic taste, and you’ll never again be lonely.’”

As a child in the 1960s, I too dreamed of going to “Marlboro Country” and this was the brand I started smoking when I was twelve. The glamorous “You’ve come a long way, baby” Virginia Slims women undoubtedly had a similar effect on others. So did the cheerful “Alive with pleasure” couples in the ads for Salem. When the cartoon character Joe Camel made his debut in the late 1980s, teen smoking rates, which had been falling for years, rose.

Today, across the industrialized world, cigarette advertising is increasingly restricted and bans on smoking in public places are now in force in several US states and in Great Britain and Ireland. As a result, smoking rates are declining rapidly. But how many lives would have been saved had the government stood up to the industry’s manipulative tactics and issued a loud and clear warning about smoking fifty-seven years ago, when the definitive epidemiological studies were first published? This can never be known, but we do know that some antismoking campaigns work. For four years in the late 1960s, the Federal Trade Commission required that antismoking ads be run on television at regular intervals in order to counterbalance cigarette ads. During this period the population increased by 6.6 percent, but cigarette sales did not increase and even declined slightly. Recognizing this trend, the cigarette companies volunteered to take their ads off the air. The FCC mandate had been established under the “fairness” doctrine, requiring broadcasters to give equal time to both sides of controversial issues. So when the cigarette ads stopped, the antismoking ads ceased as well, as did the decline in smoking rates. Members of Congress, beholden to their tobacco industry benefactors, had no incentive to order the antismoking ads to continue and broadcasters were thrilled to be released from the obligation to give free airtime to the cause.

In 1990, the General Agreement on Tariffs and Trade forced Thailand to allow imports of American cigarette brands. The Thai government, concerned that a flood of these “glamorous” imports would lead to an increase in cigarette consumption, launched a vigorous antismoking campaign which resulted in a 20 percent decline in the smoking rate. In just two years between 2000 and 2002, “Truth,” a Florida antismoking campaign that accused the tobacco companies of manipulating the young, resulted in a 38 percent drop in the teen smoking rate. In one “Truth” campaign television ad, a tobacco executive, confronted by a group of teenagers, sings the following song:

Just stay focused on the positive!

Every eight seconds a smoker dies—it’s becoming routine.

But let’s stay focused on the positive!

Those seven seconds in between.

When we consider how addictive cigarettes are, these successes are remarkable. Today, smoking rates are down by 50 percent from the 1960s and some 40 million people have quit since 1964. Most importantly, lung cancer death rates have finally peaked as well. It seems clear that changes in behavior are possible when people have the right warnings and information. The horror is that until recently most Americans had neither; nor do billions of people in the rest of the world where smoking rates continue to rise and where large American tobacco companies continue to do a brisk business.

By the 1980s, cigarettes were killing some 400,000 Americans a year, and it was becoming evident that the tobacco industry had something to answer for. A series of court battles followed. Brandt himself eventually agreed to testify as an expert witness against the tobacco companies and his account of the back-and-forth arguments is dynamic and revealing.

The industry’s principal defense was that because of the warning labels—limp as they were—and the general awareness that smoking could be dangerous, the plaintiffs must have been well informed about the risks, and thus the companies could not be held responsible for someone’s individual choice. In any case, they argued, rare cases of lung cancer occur in non-smokers, so it was impossible to prove that a particular case was necessarily caused by smoking and would not have occurred anyway.

During a series of major tobacco trials in the 1980s, a number of interesting findings came to light. In 1985 a New Jersey judge ruled that the public has a “right to know what the tobacco companies knew and know about the risks of cigarette smoking and what it did or did not do with regard to that knowledge.” The industry, it turned out, had for years suppressed its own research linking cigarettes and cancer; in the 1970s, industry-funded researchers had developed a form of tobacco that was in fact safer, but it was never marketed because industry lawyers apparently feared that doing so would amount to admitting guilt for marketing ordinary tobacco in the past. Some of the cigarette companies, moreover, aware that low-tar cigarettes contained less nicotine and were thus less addictive, deliberately added extra nicotine to their “Light” brands.

As a result of these and other revelations, a few plaintiffs actually won their cases, although the awards they received were small. For example, the estate of the plaintiff in the New Jersey case, a woman named Rose Cipollone who died of lung cancer, was awarded $400,000 in damages—an amount that would have had little impact on the billion-dollar industry. Meanwhile, many states, faced with the skyrocketing Medicare costs of dealing with smoking-related diseases, also sued the companies. Wishing to staunch the flow of lawsuits, the industry scrambled to negotiate a settlement with the states that would limit both their costs and further suits. The task of working out the details of the settlement fell to Congress, and in the Master Settlement Agreement of 1998, the industry agreed to pay $246 billion to state governments and accept stronger regulations on advertising in exchange for immunity from most future lawsuits.

An earlier version of the tobacco settlement bill, sponsored by Senator John McCain, would have required an increase in tobacco taxes, FDA regulation of nicotine, and penalties to the industry if teen smoking rates did not fall by a certain percentage in the coming years. At first Newt Gingrich, then House speaker, supported the bill, but when the tobacco companies reminded him that they contributed three times more to the Republicans than to the Democrats, he changed his position and helped negotiate the much-watered-down bill that eventually passed. The companies ensured that in the final agreement, states were not required to spend their tobacco windfall on either medical care for tobacco victims or antismoking campaigns. Thus the states came to rely on the money for ordinary budgetary expenditures, giving the tobacco industry influence over future tobacco-related legislation, including taxes, and funding for cessation programs among them. The bill also contained only the weakest provisions to limit marketing to children and teenagers, such as bans on large billboards but not small ones. Since it came into force, the companies have invested more heavily than ever in advertising that targets young people, and have even developed chocolate- and raspberry-flavored brands.

Even so, during the Clinton years, the national teen smoking rate dropped by 30 percent, perhaps as a result of publicity from the trials and rising cigarette prices. Teen marijuana use doubled during this period, so this was not part of a general trend away from rebellious adolescent behavior.

What are the companies up to now? In his passionate new book High Society: How Substance Abuse Ravages America and What to Do About It,2 former secretary of health and human services Joseph Califano brings us up to date. Califano’s book is mainly about the dangers that illegal drugs pose to the nation, but he is also a longstanding foe of the tobacco companies and his account of their recent activities suggests that little has changed.

According to Califano, cigarette taxes are among the most powerful weapons against the industry. When New York’s Mayor Michael Bloomberg increased cigarette taxes in 2002, the smoking rate fell by 11 percent, and by 36 percent among teens. Cigarette companies now spend billions fighting tax increases by providing discounts, free samples, and coupons, all meant to attract teenagers and the poor, the two groups of consumers who care most about prices. The companies also continue to contribute to the political campaigns of candidates willing to vote down new cigarette taxes3 ; according to Califano, they have even fostered cross-border smuggling rackets in Canada and Europe, in order to persuade governments to reduce cigarette taxes, which they claim provide opportunities for “organized crime.” The irony of this does not escape Califano.

The industry is particularly eager to attract “replacement smokers,” a euphemism for teenagers, who are meant to “replace” dead smokers or those who quit. In the future, most of these teenagers will come from developing countries, where some 82 percent of all smokers already live, and where regulations on advertising and promotion are generally weak. Across much of Asia, the logos of American cigarette companies can be seen on clothing, rucksacks, and other accessories, and at sports events, night clubs, and discos and on television. As always, the companies go after those most vulnerable to manipulation by associating their products with a glamorous Western lifestyle and women’s emancipation.

The genius of the tobacco companies has been to exploit not just the purchasing habits of the young and the addictive centers of their brains, but their dreams for a better life and their constant search through fantasy for meaning and identity. When my mother was fourteen, she and her friend Naomi would buy cigarettes from a local shop in Boston, pretending they were for Naomi’s aunt. Then they’d go up to Naomi’s attic and play “movie star.”

One of the many cruelties of smoking-related diseases is the sense of shame that some victims feel, as if they deserved their fate. Few realize just how heartlessly they have been lied to. When my mother got sick, she said to one of her doctors, “I wish I hadn’t smoked.” The doctor, who had long experience with lung cancer, replied, “Well, that’s who you were.”

  1. 2

    Public Affairs, 2007.

  2. 3

    A list of past and present members of Congress and state government officials who have received tobacco industry money can be found at: tobaccofreeaction.org/contributions.

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