The National Smokers Alliance Exposed: A Report On The Activities Of Philip Morris' #1 Front Group

In November 2004, the links to internal documents referenced in this paper were updated to link to the Legacy Tobacco Documents Library. To keep the file size to a minimum, the online version of this booklet is primarily text. To obtain a hard copy of The NSA Exposed, complete with all graphics, please call ANRF at 510-841-3032.


 

"What, if anything, can be done to turn around or slow down the erosion in the public acceptability of smoking?"1

--Hamish Maxwell, Chairman and CEO of Philip Morris Companies Inc. to Harold Burson, Chairman and CEO of PR firm Burson-Marsteller

"Financial impact of smoking bans will be tremendous - Three to five fewer cigarettes per day per smoker will reduce annual manufacturer profits a billion dollars plus per year."

--Smokers' Alliance Draft, July 1, 1993, Bates Nos. 2025771934 - 2025771995

 

Get the Facts, Expose the Fiction

The goal of this piece is to reveal the origins, modus operandi, and game plan of the National Smokers Alliance, a "smokers' rights" front group created and funded by Big Tobacco to protect its profits.

Join us as we follow the money trail, expose internal documents, reveal the cast of characters, and learn from case studies across the nation.

NSA Origins

The solution to Big Tobacco's image problem? Hire a PR firm to create the National Smokers Alliance -- a front group in the guise of a grassroots' rights organization.

Responding to the increasing number of local smokefree ordinances, the NSA was invented by Big Tobacco in 1993. ANR has assembled evidence that NSA was launched by public relations giant Burson-Marsteller -- funded by an estimated $4 million in Philip Morris seed money, with help from Brown & Williamson, Lorillard and some fifty smaller tobacco industry players.2 Burson-Marsteller, one of the largest PR firms in the U.S., has a history of spinning bad corporate practices into positive puff pieces. The Burson-Marsteller web site touts their expertise in creating "grassroots" organizations. (Find the site at: http://www.bm.com) Burson-Marsteller also has a hand in another tobacco industry advocacy group: The Tobacco Institute.

Internal documents on the Philip Morris web site eliminate any doubt that Big Tobacco and Burson-Marsteller are the sophisticated, invisible puppeteers behind NSA's well-funded efforts. Litigation has forced Philip Morris to make these documents available to the public. As early as 1986, a marketing plan from Burson-Marsteller to Philip Morris details the intimate relationship the two would come to have.3 Even NSA's former Advisory Board Member Morton Downey, Jr. called the NSA a "total front" for the tobacco industry.4

Read the documents at:
Bates Nos. 2046875317/5351
Bates Nos. 2023203153/3158
Bates Nos. 2047897334/7347

The notion that Philip Morris cares about smokers' rights is a chilling fallacy. Philip Morris knowingly addicts children to a product which kills them-- and then does its best to make sure they keep buying their product. They oppose clean indoor air ordinances because smokefree policies encourage people to quit smoking. Philip Morris cares about money, not smokers.

NSA Game Plan

They use it in small towns, they use it in big cities. They use it anywhere they want to interfere with laws that protect us from the health hazards of secondhand smoke. Grassroots? More like astroturf.

If your city has a smokefree ordinance up for vote you can expect the NSA to blow into town with their vast array of tactics:

"Action Team Leaders...the most important positions... would be filled by Burson-Marsteller professionals... The NSA should not leave the creation and operation of a local effort to the locals."5

Grassroots Imagemaking

NSA execs say they turn everything over to the locals. Interestingly, a Philip Morris internal action plan paints a different picture. It recommends co-opting local organizations as front groups and sending in outside staffers from PR firm Burson-Marsteller:

"A local effort must be run as a lean, hard-nosed political operation with clear targets and tactics. " 6

"Identify, recruit and educate allies who have a direct interest in individual and smokers' rights: convenience stores, restaurants, bars/taverns, bowling alleys." 7

Read the documents at:
Bates Nos. 2023203153/3158
Bates Nos. 2047897333/7347

It's not a coincidence that so-called "grassroots" campaigns use identical printed materials. These are pre-printed postcards addressed to legislators in Maine, Texas, and West Virginia:

 

NSA Sound Bites

Whether at a council meeting, using the media, or recruiting small business owners, NSA reps like Mike Hambrick use their pre-packaged sound bites to reframe the ordinance debate.

DURING ORDINANCE DEBATE

Tactic

Sound Bite

Advocate for ventilation solutions.
Introduce Red Light-Green Light "accommodation" policies requiring businesses post signs indicating smoking is allowed, restricted, or prohibited.

'Accommodation and common courtesy can solve this problem.'

Downplay the health issue by reframing the debate; make tobacco control advocates look unreasonable and irrational.

'This is a civil/personal liberty issue, not a health issue. What's next -- red meat, caffeine, perfume?'

Attack government action on a public health problem. Argue against too much government regulation.

'Businesses should have the right to choose.'

Attack the science of secondhand smoke, including the EPA report classifying secondhand smoke as a Class A carcinogen.

'EPA's methodology is flawed -- so flawed that the conclusion simply cannot be supported.'

Discredit legitimate economic impact studies (and their authors), promote tobacco industry-backed junk science. 'Smokefree ordinances will lead to economic devastation of the community.'

AFTER THE ORDINANCE PASSES

Tactic

Sound Bite

Focus media attention on isolated violations or tobacco industry-backed civil disobedience. Don't acknowledge high rates of compliance. Run around like Chicken Little, warning the "sky will fall."

'This will be an enforcement nightmare.'

Threaten and file legal challenges.

'These laws are unconstitutional.'

Attempt to repeal a newly enacted smokefree ordinance by master-minding and funding efforts to place a ballot measure before voters.

'Voters can end the business-busting ban. If our members, other smokers and businesses want our help, it will be provided.'

Media Blitz

NSA makes a concerted effort to get their PR puff messages out: by utilizing local newspapers, television and radio; by targeting bar and restaurant owners; and by creating a front group to discredit a respected health researcher.

A Complex PR Campaign

Philip Morris internal documents reveal the orchestration of a complex public relations campaign utilizing many facets of the media:

"...create a media program to focus on all media outlets in the state, no matter how small, and generate editorials, columns and news articles... [with] local, on-site political analysis to be conducted by a political team directed by Burson-Marsteller..." 8

"We recommend putting a media person on the ground in each state we target... assess the local media opportunities and make arrangements for interviews, editorial boards, appearances, etc. Our team members back in Washington would begin the immediate drafting of sample letters and columns." 9

Targeting Restaurant Owners

The NSA took out a glossy 4-page advertisement in a national restaurant publication promoting their PR puff messages, including: (1) that the NSA wants to help restaurateurs fight for their rights, and (2) that restaurants lose business when smoking ordinances go into effect.

NSA's "programs to help restaurateurs" include: awareness campaigns, grassroots mobilization, posters and store displays, organization with local leaders, campaigning, business ideas and legal help. 10

Read the PR document at:
Bates Nos. 2023203153/3158

Attack the Science: The Battle with Dr. Glantz

When you can't attack the science, what do you do? Attack the researcher. CSI, Californians for Scientific Integrity, is a tobacco-backed group created for the purpose of "discrediting" respected University of California, San Francisco, School of Medicine professor Dr. Stanton Glantz, author of an American Journal of Public Health article which disproved the tobacco industry claim that smokefree restaurant ordinances harm restaurant sales.

A memo from NSA President Thomas Humber to his membership documents the formation of CSI. And because all the NSA wants is a list of names, CSI members do nothing: "You won't have to write letters, make phone calls or attend meetings. You may request anonymity, if you so desire. You will receive periodic progress reports." 11

Membership

So where did "millions" of NSA members come from? Big Tobacco simply created them.

Desperate for Members

After a disappointing initial membership campaign, NSA ran full-page ads and paid people to sign up in bars, bingo parlors and bowling alleys across the country. 12 People were counted as members whether or not they paid dues, and at least some were given cigarette lighters in exchange for signing. 13 In a desperate attempt to pump up their membership rolls, the NSA considered drafting Philip Morris employees, as noted in this internal document posted on their web site: "... [they] have suggested that we extend membership in NSA to all PM USA employees...that we do a special letter...indicating that PM is a supporter of the organization and because of its financial support, is offering PM employees a free six-month membership... we will follow-up with a request for dues at the end of that period." 14

Read the document at:
Bates No. 2023343150

The numbers just don't add up:

"...3 million people it claims as members....contributed just $74,000... enough dues for 7,400 members." 15

The Facts

Cast of Characters

Who's pulling the strings? A closer look at the backgrounds of current NSA leadership says a lot about the organization and its loyalties. In addition to the chief executives, NSA employs dozens of "action team leaders" and state and national board members.

Thomas Humber
President and CEO
Former Senior Vice President of Burson-Marsteller in charge of Philip Morris Account (1990). Former Public Affairs Director, Philip Morris (prior to 1990). Earned a salary of $450,000 in 1996. 19

Gary Auxier
Senior Vice President
After a series of major newspaper articles exposing the Big Tobacco-NSA funding link, the NSA no longer denies being a front for the tobacco industry. 20 Auxier, a former Burson-Marsteller staffer on the PM account, says: "We'd like to get more [money] from each of them. After all, we are representing their customers... We prefer to get involved with businesses and work that way. It's more effective from our viewpoint." 21

Mike Hambrick
Senior Vice President
Veteran television journalist with 30 years of experience. On tobacco industry backing: "We have 51 contributors -- and three of them are tobacco companies. I really don't know [how much the tobacco companies contribute]. I'm not trying to be evasive -- I just don't deal with those things." 22

Eric Schippers
Vice President
In January 1997, he said: "We try not to be the outsiders coming in...[we try to] get our members to do it. We think it makes much more compelling testimony." But Schippers' actions speak louder than words. Just months later he traveled from Alexandria, VA to testify against a proposed ordinance at a City Council meeting in Sierra Vista, Arizona, pop. 30,000. 23 In Monongalia (Mon) County, West Virginia, Schippers boasted about NSA co-opting tactics on the community level, commenting that it was difficult to say how much money had been spent fighting the Mon County ban because "this is what we do -- come into a community and organize the opposition." 24

The Names May Change...

But tobacco industry front group tactics remain the same. When the Tobacco Institute was threatened with closure, VP Walker Merryman cynically responded: "All we're going to do is change the name on the door...We're going to continue to do what we've always done." 25

Case Studies

Follow the money trail, and anti-ordinance campaigns lead back to one place: Alexandria, Virginia, the heart of Big Tobacco country and headquarters of the National Smokers Alliance.

NSA used the same tactics in dozens of other communities, including:

Sierra Vista, Arizona
Boulder, Colorado
Fayette County, Georgia
Richmond County, Georgia
Arlington Heights, Illinois
Howard County, Maryland
Montgomery County, Maryland
Mount Pleasant, Michigan
Erie County, New York
New York, New York
Fort Worth, Texas
Houston, Texas
Plano, Texas
San Antonio, Texas
LaCrosse, Wisconsin

Mesa, Arizona
Mesa keeps its local ordinance intact, despite an NSA-supported referendum campaign.

State of California
The NSA uses a full court press in an attempt to stall and dismantle the state's smokefree bar law, in effect since January 1, 1998.

Montrose, Colorado
The NSA sends three full-time organizers into a town of 11,000.

Portland, Maine
Despite an NSA media blitz and organizing campaign, the city council passes a strong local smokefree ordinance.

Marquette, Michigan
City commissioners vote in favor of Michigan's first 100% smokefree ordinance; NSA leaves town in defeat.

Corvallis, Oregon
NSA fails to overturn Oregon's first smokefree air ordinance. After a lawsuit is filed against the ordinance, a Circuit Court ruling rejects tobacco industry claims of preemption in Oregon.

Monongalia County, West Virginia
An NSA media blitz pressures the Board of Health to rescind an ordinance amendment.

 

Case Studies: A Full Report

In communities coast to coast, NSA activities are strikingly familiar. Here we've documented smokefree ordinance battles in six states -- many more communities are experiencing the very same NSA tactics.

The NSA uses bar coasters and stickers to portray themselves as a smokers rights organization. Identical materials have appeared in communities across the nation.

State of California
  • July 1994: CA smokefree workplace law is signed.

  • January 1996: Ken Putnam, member of the NSA California Board of Directors, sends a form letter to California bar owners alerting them that bars will be smokefree in 1997, and includes bar coaster "petitions." 26

  • June 1996: The NSA newsletter notes support of AB 3037 which would extend the phase-in date for bars. 27

  • December 1996: The NSA runs an advertising insert in Nation's Restaurant News crediting the bar coaster campaign in CA with helping in the passage of legislation postponing smokefree bars an additional year. 28

  • January 1, 1998: Smokefree bar provisions take effect.

  • January 5, 1998: Just five days into the implementation of the smokefree bar provisions, bar owners receive NSA packet encouraging them to communicate with their legislator about the "severe economic impact the law is having on their business." 29

  • January 1998: The NSA launches the "Prohibition News Update," a series of press releases which bash the ban and promote its repeal. 30

  • January 1998: The California Licensed Food and Beverage Association and the Northern California Tavern and Restaurant Association promote toll-free numbers to call legislators to register opposition to the bar law. 31 The NSA used this same strategy in New York. 32

    Postscript: The smokefree bar provision is still in effect in California, despite ongoing tobacco industry attempts to dismantle the law.

 

Marquette, Michigan

 

Mesa, Arizona


Portland, Maine

 

Monongalia County, West Virginia


Montrose, Colorado

 

Corvallis, Oregon

 

Cited Sources

  1. Philip Morris and Burson-Marsteller: A Partnership, [August 1986]. Bates Nos. 2046875317/5351.
  2. Levin, M. "Smoker group's thick wallet raises questions," Los Angeles Times, March 30, 1998; Morain, D. "Behind fuming bar owners is savvy, well-heeled group," Los Angeles Times, January 30, 1998.
  3. Philip Morris and Burson-Marsteller: A Partnership.
  4. Levin, M., "Smoker group's thick wallet raises questions," Los Angeles Times, March 30, 1998.
  5. NSA Political Plan Outline. Bates Nos. 2023203153/3158.
  6. ibid.
  7. National Smokers Alliance 1994 Political Action Plan. Bates Nos. 2047897334/7347.
  8. NSA Political Plan Outline.
  9. ibid.
  10. National Smokers Alliance Restaurant Intelligence Bulletin. Insert in: Nation's Restaurant News, December 9, 1996.
  11. National Smokers Alliance memo, Thomas Humber to NSA Members, May 23, 1997.
  12. Stauber, J. and Rampton, S. "Toxic Sludge is Good For You: Lies, Damn Lies and the Public Relations Industry." Stone, P.H. "Blowing smoke at its critics," National Journal, April 20, 1996.
  13. Levin, M., "Smoker group's thick wallet raises questions," Los Angeles Times, March 30, 1998.
  14. Philip Morris USA Inter-office memo from Ellen Merlo to David McCloud (NSA, Executive Director) Re: National Smokers Alliance membership, November 10, 1993. Bates No. 2023343150.
  15. Levin, M., "Smoker group's thick wallet raises questions," Los Angeles Times, March 30, 1998.
  16. ibid.
  17. ibid.
  18. Minnesota Attorney General's Office, Charities Database, October 22, 1997.
  19. Brull, S. "Smoke-filled lobbyists were here," Business Week, February 6, 1998.
  20. Levin, M., "Smoker group's thick wallet raises questions," Los Angeles Times, March 30, 1998.
  21. Morain, D. "Behind fuming bar owners is savvy, well-heeled group," Los Angeles Times, January 30, 1998.
  22. Nemitz, B., "Good prevails over tobacoo's bad and ugly," Portland Press Herald, April 8, 1998.
  23. Davis, K., "Smoking debate goes to board," Arlington Heights Post, January 23, 1997; City of Sierra Vista, Arizona, Speaker Information Form completed by Eric Schippers, 1997.
  24. Oriole, K. "Lawsuit may clear the air," Dominion Post, January 17, 1998.
  25. Cimons, M. "Tobacco Institute Workers Confident of Reincarnation," Los Angeles Times, June 24, 1997.
  26. Putnam, K., "[Sample letter regarding AB 13 and NSA campaign against its implementation]," Alexandria: National Smokers Alliance (NSA), January 8, 1996.
  27. [n.a.], "Coaster campaign taking off in California," NSA Voice 6(4):4, June 1996.
  28. [n.a.], "Coaster campaign makes a difference. In: National Smokers Alliance Restaurant Intelligence Bulletin.", Nation's Restaurant News insert, December 9, 1996.
  29. Putnam, K., "[Letter to bar owners in California, asking for help in repealing the state's smokefree bar law]," Alexandria, VA: National Smokers Alliance (NSA), [n.d.].
  30. National Smokers Alliance (NSA), "Prohibition News Update." Alexandria, VA: National Smokers Alliance (NSA), January 12, 1998.
  31. FORCES (Fight Ordinances & Restrictions to Control & Eliminate Smoking), "Choice has died in the 'free and tolerant' state of California: FORCES calls for civil disobedience to the new law!", Fight Ordinances & Restrictions to Control & Eliminate Smoking (FORCES) http://www.forces.org, [1998].
  32. Siegel, J., "Smoking ban foes take last drag to snuff it," Daily News, [n.d.].
  33. Sargent, B. "Smoking issue smolders," Mining Journal, June 17, 1997.
  34. Memorandum from James Harrington, Health Educator, Marquette County [MI] Health Department to Americans for Nonsmokers' Rights, regarding NSA activities in Marquette smokefree ordinance campaign, April 2, 1998.
  35. ibid.
  36. Testimony of Carol Margrif, American Lung Association of Michigan, at Marquette City Commission hearing, July 14, 1997.
  37. Memorandum from James Harrington, 1998.
  38. Sargent, B. "Smoke out: Marquette passes stringent anti-smoking ordinance," Mining Journal, July 29, 1997.
  39. Sargent, B. "Smoking petitions touted: Recently passed ordinance targeted, city election sought," Mining Journal, August 13, 1997; Memo from James Harrington, 1998.
  40. Noyes, F. "Mesa voters snuff out public smoking," Mesa Tribune, March 27, 1996.
  41. Nowicki, D. "Alliance funds no-smoking protest," Mesa Tribune, December 9, 1996; "NSA members challenge Arizona smoking ban," NSA Voice, Sept/Oct, 1996.
  42. Nowicki, D., "City examining group's ties to smoking ban foes," Mesa Tribune, February 1, 1997.
  43. Moeser, C. "Smoking forces' finances revealed," Arizona Republic, May 14, 1997.
  44. Nowicki, D. "Mayor decries poll as political ploy," Mesa Tribune, (no date).
  45. Letter from Thomas Humber, NSA president and CEO, to Gail Ewing, President of the Montgomery County, MD County Council regarding the potential economic impact of a proposed smoking ordinance, October 11, 1996.
  46. Sherwood, R. "Mesa backs restaurant smoking ban 2-to-1," Arizona Republic, March 11, 1998.
  47. Action memo from Stephen Flaherty, NSA Director of Public Affairs to Portland restaurant owners Re: Proposed restaurant smoking ban, [February] 1998; Letter with attachments from Charles Thayer, West Virginia Tobacco Control Program, to Phyllis Wolfe, Portland [ME] Public Health, February 27, 1998.
  48. "Separating fact from myth and innuendo," full page advertisement, Casco Bay Weekly, [February] 1998; Nemitz, B. "Good prevails over tobacco's bad and ugly," Portland Press Herald, April 8, 1998.
  49. Russell, A. "Portland councilors approve ordinance to restrict smoking in restaurants," Portland Press Herald, April 7, 1998.
  50. "Here's verbatim no-smoking regulation for Monongalia County," Dominion Post, January 9, 1998; Anderson, R., et al., "Clear the air" Dominion Post, January 31, 1998.
  51. Oriole, K. "Lawsuit may clear air: Smokers link legal action to board meeting," Dominion Post, January 17, 1998.
  52. ibid.
  53. ibid.
  54. Oriole, K. "BOH rescinds ban on smoking in county bars: Plans to study issue further," Dominion Post, January 20, 1998.
  55. Oriole, K. "Group offers smoke signals: Proposed signs would inform customers of smoking rules," Dominion Post, June 18, 1998.
  56. Smythe, R. "City prepares smoking law," Daily Press, January 16, 1998.
  57. Zebrowski, J. "Tobacco alliance aids Montrose's pro-smokers," Daily Sentinel, February 11, 1998; Phone call from J. Zebrowski to ANR' s Elva Yanez.
  58. Smythe, R. "Smoking ban still smoldering: Montrose voters will decide if committee should be formed," Daily Press, February 13, 1998; ̉Montrose resistance trounces smoking ban," The Resistance, March 1998.
  59. Smythe, R. "Issues smolder at forum," Daily Press, March 25, 1998.
  60. Rusby, S. "Voters defeat restaurant smoking study," Montrose Morning Sun, April 8, 1998.
  61. Lofholm, N., "Montrose smoking fight attracts nationwide attention," Denver Post, May 12, 1998.
  62. Loew, T. "Area smokers fired up," Corvallis Gazette Times, August 12, 1997.
  63. Loew, T. "Alliance wants ban snuffed: National smoking group mobilizes local opposition," Corvallis Gazette Times, August 18, 1997.
  64. Letter from Bill Perry, Oregon Restaurant Association to Corvallis City Council, August 12, 1997; Letter from Michael Mills, Mills & McMillan, Attorneys at Law, to [Corvallis] Mayor Helen Berg, August 13, 1997.
  65. Logerbeam, S. "Big tobacco is behind opposition to proposal," Corvallis Gazette Times, August 17, 1997.
  66. Finley, C. "Corvallis cracks down on smoking," Oregonian, August 20, 1997.
  67. Oregon Restaurant Association v. City of Corvallis, Case No. 97-10260, Circuit Court of Oregon for Benton County, March 9, 1998; Corvin, A. "Petition gets more time," Corvallis Gazette Times, July 21, 1998.

This publication was made possible in part by funds from the Tobacco Tax Health Protection Act of 1988 - Proposition 99, under Grant Number 94-20945 with the California Department of Health Services, Tobacco Control Section.

Updated November 2004