In November of 1988, California voters passed Proposition 99, the California Tobacco Tax and Health Promotion Act, by a margin of 16 percent.
The landmark ballot measure imposed a 25-cent tax on cigarettes to fund tobacco education, smoking cessation programs, an advertising campaign about the dangers of smoking and also made California the first state to launch a major anti-smoking offensive.
Almost immediately, the California Department of Health Services began a hard-hitting media campaign with a portion of Prop 99 funds. In addition to advertising the adverse health effects of smoking, the CDHS funded ads that they argue reveal and counter tobacco industry influence and manipulation.
Both the CDHS and anti-smoking groups such as the American Lung Association say that these anti-industry ads have been very successful.
“Ninety percent of smokers are hooked by the age of 18 or 19 and all the studies show that they do not react to health related messages,” says Linda Weiner of the American Lung Association, “They only react to messages that show that they are being targeted and being manipulated by the tobacco industry.”
Representatives of the tobacco industry disagree, arguing that these ads were designed to ruin their reputations and prejudice potential jurors in future tobacco-related trials.
“There’s no doubt that these ads have been effective. They’ve been very effective at maligning employees and vilifying tobacco companies,” counters Steve Watson, the vice president of external affairs for the Lorillard Tobacco Company.
Lorillard and the R.J. Reynolds Tobacco Company have filed suit in federal court to stop California from airing 49 of its anti-smoking commercials.
Speaking in defense of the now controversial ads, Governor Davis says the state will not tone down the powerful media campaign. “My goal is to reduce smoking—not increase big tobacco’s bottom line,” contends Davis. “They wanna fight us in court, bring it on. We’re ready.”
On June 9th, the U.S. Eastern District Court in Sacramento will hear the state’s arguments to dismiss the lawsuit as well as R.J. Reynolds and Lorillard’s motion to stop California’s media campaign.
- Big tobacco sues over ads, SacBee.com
- Lorillard Tobacco Company
- R.J. Reynolds Tobacco Company
- Tobacco Control, CDHS
- Supreme Court on tobacco ad restrictions, firstamendmentcenter.org
- California Tobacco Survey (CTS)
- Advertising & Media, CTS Reports (PDF)
- Tobacco-Related Disease Research, summary report (PDF)
- American Lung Association, California
- 1988 State Tobacco Settlement
- Tobacco Journal
