ALEC: Big Tobacco’s “Third-Party” Ally

Tina A. Walls, former Philip Morris VP of State Government Affairs

Tobacco industry documents reveal that the American Legislative Exchange Council (ALEC) has abetted the failure of state legislatures to take meaningful steps to rein in the devastation caused by tobacco use. In a previously-secret, 1993 internal Philip Morris (PM) presentation called Grasstops Government Relations, Tina A. Walls, then Vice President of State Government affairs at PM, describes the company’s strategies to influence legislators, and demonstrates how ALEC works with corporations to bolster that influence. As she shows Philip Morris employees a chart she calls “The Influence Wheel,” Walls describes how PM’s Government Affairs department analyzes every part of a legislator’s world and misses no opportunity to exert influence. Walls tells the audience how PM provides legislators with trips to “promotional and cultural events” in nice places, and as an example cites a trip ALEC facilitated in which a group of American legislators traveled to Brussels, Belgium. Walls wrote,

“We make sure legislators are aware of, and invited to, promotional and cultural events funded by Philip Morris. {CITE ALEC 1992 TRIP TO BRUSSELS AS AN EXAMPLE}”

Walls also discusses PM’s strategy to keep itself out of the media by using third parties to “carry its baggage,” and describes how PM uses third parties allies like ALEC to dodge issues:

“…we try to keep Philip Morris out of the media on issues like taxation, smoking bans and marketing restrictions. Instead, we try to provide the media with statements in support of our positions from third party sources, which carry more credibility than our company and have no apparent vested interest…”

Abbott Labs Pays $1.6 Billion for Illegal Drug Marketing

Abbott Laboratories, the maker of Ensure, PaediaSure, Similac and Vicodin, pled guilty to misbranding and illegally marketing its drug Depakote. Abbott will pay a $1.6 billion fine and undergo five years of probation under an agreement reached with the U.S. Department of Justice in which Abbott admitted that from 1998 to 2006 it kept a separate, specially-trained sales force to market Depakote to nursing homes for the control of aggression and agitation in elderly patients with dementia, even though no credible scientific research existed showing Depakote was effective for that use. Abbott also admitted that from 2001 through 2006 it marketed Depakote for the treatment schizophrenia, in the absence of any proof that the drug was effective for that condition, either. Abbott funded two separate studies on the use of Depakote for schizophrenia, but neither study met its set goals. Abbott took two years to tell its sales force about the failed studies, and in the meantime kept marketing Depakote for schizophrenia. The case against Abbott arose in 2007 when a former Abbott saleswoman filed a lawsuit accusing the company of encouraging  its sales force to illegally promote use of Depakote in nursing homes and publicly-operated mental health centers, where most patients are covered by federal health programs like Medicaid. Whistleblowers also filed suits against Abbott in Virginia, Illinois and the District of Columbia accusing the company of paying illegal kickbacks to doctors and pharmacists to discuss off-label uses of Depakote to increase sales.

Main source: Courthouse News Service, May 7, 2012

Health Insurers Shake Down Subscribers for Prescriptions

Big health insurers have found yet another new way to extort customers — by buying up “pharmacy benefit managers,” (companies that supply medications to people) and then forcing subscribers to buy medications exclusively from the drug distributors they own. People are receiving letters from their health insurance companies telling them they must either buy medications from a specific company they own and get medications through the mail, or patronize a retail drug store of their choice and pay a much higher price. Prices may be lower for insurance companies under this kind of arrangement, but policyholders miss out on face-to-face interaction with pharmacists, who verbally counsel customers on drug dosing instructions and dangerous interactions with other drugs. Herding people towards a single option drug supplier is also taking a toll on neighborhood pharmacies who have been serving the same families for generations. The trend towards consolidation in the drug sales market starkly limits consumer choice. Just three major pharmacy benefit management companies dominate the drug delivery market: Express Scripts Holding, which recently bought Medco for $29 billion, CVS Caremark, and OptumRX, a subsidiary that now belongs to the big health insurance company UnitedHealthcare Group.

Source: Los Angeles Times (consumer advocate David Lazarus), May 4, 2012

Female, African-American Doctor Backs Tobacco Industry in New Ad

The tobacco industry’s front group, “Californians Against Out-of-Control Taxes and Spending,” is spending millions to run a 30-second TV ad opposing Proposition 29, a ballot measure to increase in the state’s cigarette tax. The ad features an unlikely ally: a female, African-American doctor named LaDonna Porter, M.D. Prop. 29 would increase California’s 87-cent per pack cigarette tax by an additional $1.00 to fund cancer research, smoking reduction programs and enforcement of tobacco-related laws. In the ad, Porter, stands in an examination room wearing a white lab coat and says she’s against smoking, but she finds Proposition 29 flawed. “Not one penny” of the funds generated by the measure will go towards new funding for cancer treatment, Porter says, and she raises the specter that the money could be spent out of state. The ad is consistent with the tobacco industry’s longtime strategy of getting doctors to endorse their products and back their favored policies. Still, it has generated outrage. The African American Tobacco Control Leadership Council in Oakland, California sent a scathing open letter to Dr. Porter expressing shock and outrage that she is working for Big Tobacco. It’s not the first time Dr. Porter has worked for Big Tobacco. In 2006, as LaDonna White, she starred in a tobacco industry-backed ad opposing Proposition 86, yet another measure to increase taxes on cigarettes and chewing tobacco. Dr. Porter has also lent her credibility to the pharmaceutical industry to fight an initiative that would have put a dent in drug companies’ profits.

89 Degrees in the Rocky Mountains in April?

Aspen, CO snowless ski race (Photo credit: 350.org)

At 4,500 feet elevation on the Rocky Mountains’ western slope, the average daytime temperature in the month of April in the city of Grand Junction, Colorado is 65 degrees. This year saw abnormally high temperatures for almost the entire month, with a record high of 89 degrees on April 23. Moreover, Grand Junction wasn’t alone. March, 2012 was the warmest March on record in the contiguous 48 states since 1895, when the government started recording climate data, says the National Atmospheric and Oceanic Administration’s (NOAA) Climate Data Center. The average temperature across the U.S. was 8.6 degrees F higher than the 20th century average for March, with 15,272 warm temperature records (day and night) shattered across the country during the month. March is also traditionally Colorado’s wettest month, but this year Colorado had its driest March on record, depressing income for ski resorts and commercial rafting companies. A lack of snow kept the Vail ski area from opening its back bowls. In addition to record high winter and spring temperatures, in recent years Colorado has also experienced extensive pine beetle infestations, early season wildfires, decreased snowpack and droughts. To draw attention to the increasing impacts of climate change, the Aspen Skiing Company recently teamed up with 350Colorado.org to put on a snowless skiing event called “Protect Our Winters: Connect the Dots,” that featured speakers and activities linked to climate change. Attendees were encouraged to wear white to substitute for the snow that would normally be present on the ski slopes this time of year.

TSA Complaints Reveal Travelers’ Humiliation and Torment

It took four years, but the Transportation Security Administration finally fulfilled a 2008 Freedom-of-Information-Act (FOIA) request by the investigative journalism group ProPublica for documents detailing complaints against the agency. The information ProPublica received revealed some extraordinarily intrusive searches that caused the subjects substantial humiliation, pain, and in some cases physical injury. In one case, a female traveler complained that a TSA screener asked her to remove her prosthetic breast so they could swab her for explosives. Another traveler accompanying her wheelchair-bound mother reported that TSA screeners made her mother get out of the wheelchair and walk during security screening. As a result, the woman fell and was injured. Another traveler reported packing a full bottle of Jack Daniels whiskey in his luggage, only to arrive to find the bottle almost empty. Other travelers complained that after TSA searches they were were missing money, jewelry and laptop computers. When ProPublica asked TSA why it took four years for them to send the documents, they received an apology and were told the agency gets 800 requests a year for similar information. TSA also blamed the volume of records they had to review to fulfill the request, even though their total response turned out to be only 87 pages long.

Source: ProPublica, May 4, 2012

CO House Rep. Jerry Sonnenberg Works to Benefit Drilling Industry

CO Rep. Jerry Sonnenberg (R)

New Republican legislation has been introduced in Colorado that purely benefits the oil and gas industry. House Bill 1356, introduced by Rep. Jerry Sonnenberg (R-Sterling), would punish local governments by withholding their severance tax dollars if they do anything that stands in the way of oil or gas drilling. Citizens in Sonnenber’gs district who are concerned about the negative health and environmental effects of drilling oppose the measure. The city of Sterling, Colorado also opposes Sterling’s bill, which prompted Sonnenberg to call Sterling government officials “greedy.” After Sterling city officials came out against his bill, Sonnenberg posted a Tweet to his Twitter account that read, “City of Sterling just testified they should get oil and gas money even if the city stops the industry from producing. Can you say greed?” Sonnenberg told the Colorado Statesman that opposition from cities doesn’t matter because governments don’t vote.  “Maybe if governments voted, it would matter,” Sonnenberg said. Sonnenberg says his bill is about defending property rights, limiting government spending and encouraging new oil and gas drilling throughout the state.  At a legislative hearing for the bill, no one testified support of the measure, but several people spoke out in opposition. It isn’t the first time Rep. Sonnenberg has worked to benefit the drilling industry at the expense of citizen and environmental health and safety. In 2008, Sonnenberg worked to block the Colorado Oil and Gas Commission from hiring 21 new employees to monitor the drilling industry’s compliance with new environmental rules. When contacted by email and asked if he is a member of the American Legislative Exchange Council, a lobby group that accepts funding from Exxon Mobil and  other energy industry interests, Sonnenberg dodged the question and ultimately refused to answer.

Main source: The Colorado Statesman, May 4, 2012

 

Citizens Battle Telecomm Lobby in DeKalb County, Georgia

A cell phone tower fire in Georgia in Dec. 2011 that required two homes and a daycare center to be evacuated. Photo credit: CBSAtlanta.com

After residents of DeKalb County, Georgia actively opposed plans by T-Mobile  and AT&T to build telecommunications towers on the grounds of eight local public schools, Georgia State Representative Karla Drenner stepped up to the plate to help out. Rep. Drenner introduced HB 1197,  “Cell Phone Towers in DeKalb County,” that would ban placing cellphone towers on public school grounds unless the cellular carrier can show that there is an absolute need for the tower, and that the location sought on school grounds is the only location that can adequately provide service to satisfy that need. Sixteen out of 18 DeKalb County representatives signed on to support the local bill. Support for the measure crossed political, racial and geographic lines. Citizens in favor of the bill also got support from all of their county commissioners and collected over 1,200 signatures on petitions supporting the measure — an admirable number considering Chuck Sims’ represents a county of only 380 people. A legislative committee heard three hours of testimony about the bill over three days at three separate state hearings, and not one person showed up to say they were in favor of plans to put the towers on school grounds. With support like that, the bill should have passed easily through the committee and moved to the House floor. But it didn’t. Why?

Congressman Officially Recognizes National Day of Reason

Congressman Pete Stark

Congressman Pete Stark of California gave a statement on the House floor April 27 officially recognizing the National Day of Reason held today, Thursday, May 3, 2012. Rep. Stark said, in part, “Mr. Speaker, I rise today to recognize Thursday, May 3, 2012 as the 2012 National Day of Reason. The National Day of Reason celebrates the application of reason and the positive impact it has had on humanity. It is also an opportunity to reaffirm the Constitutional separation of religion and government.” Stark pointed out that our nation is home to a wide range of people of different backgrounds and beliefs, and “the only way we can solve our problems is through cultivating intelligent, moral and ethical interactions among all people.” Rep. Stark said the National Day of Reason is about helping others and improving communities, and mentioned efforts by secular people across the U.S. to conduct food drives, donate blood and help those in need on this day. Rep. Stark urged everyone to observe the day by focusing on the use of reason, critical thinking, the scientific method and free inquiry to improve the world and our country. May 3 is also the “National Day of Prayer,” and event that was ruled unconstitutional by a U.S. District Court in Wisconsin. On April 15, 2010, Judge Barbara Crabb issued a ruling in which she concluded the National Day of Prayer violates the establishment clause of the First Amendment, saying it “goes beyond mere ‘acknowledgement’ of religion because its sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function in this context.” President Obama is holding the National Day of Prayer despite the federal court ruling against it.

How to Search Online Tobacco Industry Documents

A video by Marty Otañez, Assistant Professor, Anthropology Department, University of Colorado, Denver

Smoking Gun from Marty Otañez on Vimeo.

Watch another episode in a series of episodes on the practices of tobacco companies. The series of short videos highlights tobacco industry documents research using the online Legacy Tobacco Documents Library (http://legacy.library.ucsf.edu) and British American Tobacco Documents Archive (http://bat.library.ucsf.edu)

Anne Landman, special guest

Marty Otañez, Assistant Professor, Anthropology Department, University of Colorado, Denver
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