More Fuel to the Fire
AGs, health groups blast Philip Morris for in-school giveaways.
Officials in Arizona and Rhode Island called Philip Morris onto the carpet in October when school kids complained about subliminal messages on book covers distributed by the tobacco marketer.
Arizona attorney general Janet Napolitano sent a letter to Philip Morris executives asking them to explain how the giveaway complies with the Master Settlement Agreement and how PM chose its images. PM was expected to reply by mid-November.
Rhode Island halted distribution of the book covers, as did school districts in California. At press time, PM was also formulating a response to inquiries from the National Association of Attorneys General.
Arizona kids complained that the covers carry subliminal messages encouraging them to smoke. One history teacher in Mesa passed them out as part of a lesson on tobacco’s role throughout U.S. history, then asked if the kids knew about subliminal advertising, says Mike Evans, community coordinator for the Mesa Partnership for Tobacco-Free Youth & Community. “The kids piped up. They were shocked that it was full of subliminal messages.”
In a drawing of a snowboarder, for example, some kids thought the snowboard looked like a lit cigarette or match. Evans helped high schoolers coordinate a press conference, and Mesa school administrators recalled all the covers.
PM distributed 13 million covers nationally this fall via Cover Concepts Marketing Services, Braintree, MA, which brought the idea to the tobacco maker last spring, then distributed 15 million covers with different designs.
PM says it tested designs with 1,000 kids aged 10 to 14 and more than 90 percent said, unaided, that they saw a “Don’t smoke” message. “We have a role to play in reducing youth smoking, and this is part of a comprehensive effort,” says Philip Morris spokesperson Tom Ryan. The covers were also distributed to junior high and high school principals who had agreed to accept materials from Cover Concepts.
“The whole notion of tobacco companies saying `Don’t smoke’ is fairly bizarre,” says Joel Spivak, spokesperson for Campaign for Tobacco-Free Kids, a national advocacy consortium and information clearinghouse. “Some people think that if this isn’t a violation of the letter of the MSA, it certainly comes close to violating the spirit of it.”
Arizona has been particularly aggressive because “the attorney general is very diligent about making sure the MSA is enforced,” says Dennis Burke, the state’s chief deputy for policy. “We also have a very active tobacco-prevention community that brings issues to our attention.”
Separately, Arizona is considering a suit against RJ Reynolds Tobacco Co. to force strict verification procedures for database marketing. RJR agreed to revamp its procedures after Arizonans complained about getting unsolicited samples by mail (March PROMO). “They’ve made steps to improve their system,” but Arizona wants more, Burke says, including an opt-in process and written confirmation from each consumer that he wants RJR products. The state expects to reach agreement or take action by December.
California is appealing a July ruling in a suit against RJR for mailing free cigarettes to 115,000 Californians last year. The judge ruled that RJR isn’t violating the MSA because the state can’t prove minors received any. A separate suit for marketing under the guise of testing is set for March.
The U.S. Congress passed the Protecting Seniors from Fraud Act on Oct. 30, authorizing $5 million over five years to fund education and law enforcement programs. The act is designed to protect seniors from fraudulent telemarketing and sweepstakes.
The Secretary of Health and Human Services will provide state attorneys general with information on how seniors can recognize, protect against, and report marketing scams. The U.S. attorney general will study crimes against seniors to suggest further prevention, and include seniors in its annual National Crimes Victimization survey.
