The nation’s largest tobacco company held a press briefing yesterday morning on marketing restrictions and advertising tactics regarding underage smoking.
Philip Morris, whose units include Marlboro and Virginia Slim cigarettes, Miller Brewing Co. and Kraft Foods, has long been under attack from various groups who feel the company’s tobacco product-marketing tactics are aimed at adolescents.
“We understand and appreciate that people are concerned about children’s exposure to marketing,” said Mark Berlind, associate general counsel for Philip Morris. “And we’ve taken a number of steps to decrease the profile of cigarette advertising around the country.”
In 1998, Philip Morris USA signed the Master Settlement Agreement with the attorneys general of 46 states. The agreement places a number of restrictions concerning marketing, advertising and promotional activities on the companies involved. Among these are banning the use of cartoon characters such as Joe Camel and the use of transit advertising, such as on taxis or buses. The agreement also prohibits the distribution of logo-carrying merchandise and free cigarette samples, except in adult facilities. Payment for product placement in movies or television is also not allowed.
In the case any requirements are violated, the agreement allows for attorneys general to go to their state court for an injunction against the offending tobacco company. It also provides for a $50 million enforcement fine.
“It’s a real agreement with real teeth, with real enforcement power,” Berlind said.
According to “Global Aggression: INFACT’s 1998 People’s Annual Report,” the company has marketed child-size Marlboro T-shirts in Kenya and Malaysia and hired young Cambodian girls to hand out free cigarettes on the street. In contrast to these marketing techniques, however, the company, in accordance with its official standard, stated its goal is not to target young people. Philip Morris has instated 130 youth smoking prevention policies in around 70 different countries.
Aside from the agreement, Berlind mentioned other steps Philip Morris has taken with regards to reduced underage smoking. Adopting the Food and Drug Administration’s criteria of young readership, Philip Morris has withdrawn advertisements from over 50 national magazines, including Rolling Stone and Sports Illustrated. All tobacco ads on the back covers of magazines have been removed due to their prominence and accessibility to younger readers.
Berlind said he realized there were a lot of people who want to ban smoking ads completely, but “it strikes a wrong balance to preclude all advertising.”
“Our company is happy to see advertising restrictions apply uniformly throughout the country.” he said. “We are not against legislation, just that there is legislation that goes too far.”
For the people of Philip Morris, Berlind said, the First Amendment issue is the one with the broadest ramifications.
“Should there be a lower amount of First Amendment protection for commercial speech?” he asked.
Answering the questions of the Central Hudson Test, which determines if a restriction would be consistent with the First Amendment, Berlind said, “It’s not a question of consumer’s being deceived — the state concedes that. It should be looked at like all other issues of free speech.”
Saying he realizes suppressing speech is the last thing the courts want to do, Berlind said, “If you suppress speech, you’ve got to have demonstrated that other things don’t work.”
Aside from the licensing retailers and upgrading enforcement programs, Berlind mentioned potential penalties on underage consumers, “penalties that kids care about — not criminal, just civil. Massachusetts has yet to try that.”
The Federal Cigarette Labeling and Advertising Act, which was passed in 1965, guaranteed a health warning would accompany each cigarette package. Intended to create a uniform and clear health warning to the consumer, it contained a clause that preempted smoking regulations based on health.
Berlind used this against the state’s argument.
“It is based on smoking and health — you don’t want kids to smoke because of health issues. But they claim it’s not because of health,” he said.
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