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The "Property Rights" smoking argument< PREVIOUS | 247167 | NEXT >
From: anne@tobaccodocuments.org
Date: Tue, 04/17/07

Anne LandmanR.E. Marden Performance Review Summary
Company/Source:  Philip Morris
Document Date: 1996 (est.)
Length: 2 pages
Bates No. 2078212261/2262
URL of this Summary: http://tobaccodocuments.org/landman/2078212261-2262.html
Document Images:  http://legacy.library.ucsf.edu/tid/crs75c00 
This 1995-96 performance review summary by Roy Marden of Philip Morris Corporate
Affairs Department links PM to the emergence of arguments equating smoking with
property rights.  Marden states (in the 2nd paragraph from the bottom on the
second page),

  "...the rightward shift in the U.S. political climate has resulted in the
reemergence of property rights as an issue under current scrutiny.  As part of
an intra-company task force, we are developing a strategy to apply the concept
of 'takings' to the smoking ban issue in a legislative/regulatory context."

PM's application of the "property rights" strategy was to argue that smoking
restrictions constitute a government "taking" of private property.   PM actually
applied the strategy.  A brief but telltale 1996 email from PM's Colorado
lobbyist, Pam Inmann, shows PM parlayed the "property rights" argument in favor
of smoking into legislation to try and prevent further regulation of smoking
statewide. PM's Colorado lobbyist, Pam Inmann, emailed PM executives in 1996
about a "takings" bill introduced in the Colorado legislature. Inmann says:

  "Tomorrow barb will fax you a cc [copy] of SB 69, which is a colo[rado]
[private property "takings"] proposed bill. Last year I tried to get the TASSC
[The Advancement of Sound Science Coalition] language into the bill...I think
this [bill] will work on smoking bans in the
future..."http://legacy.library.ucsf.edu/tid/wge73c00  

The argument that smoking is a property right has spawned groups around the
world that are using the same PM-sponsored "property rights" and "equal rights"
arguments to oppose and press to repeal existing smoking bans: 
http://www.stopthebans.com/id39.html, 
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=1705
http://www.forces.org/evidence/papers/paper2/forces_international_1105.htm
http://www.aynrand.org/site/News2?JServSessionIdr001=veswcfc4f2.app5a&page=NewsA
rticle&id=11849&news_iv_ctrl=1548
http://www.wcnc.com/health/stories/wcnc-031507-al-smoking_ban.162a36c2.html

------------------------------------------
NOTES:  For a history and description of TASSC, which was started as a PM front
group created to oppose clean indoor air laws, look at the Sourcewatch page on
TASSC at
 http://www.sourcewatch.org/index.php?title=The_Advancement_of_Sound_Science_Coa
lition
------------------------------------------------------------------
  Company 
  Philip Morris 
  Author 
  Marden, Roy E. (Corp. Affairs/Policy Analyst at PM c. 1985-98) 
Recipient 
         Presumed corporate recipient, Philip Morris
Region
         United States 
Named Organization 
  Ad Tax Coalition 
  Commodities Working Group 
  DCO 
  FDA, Food and Drug Administration 
  Intra Company Task Force 
  KGF - Kraft General Foods (PM subsidiary) 
  Media Task Force 
  PM 
  Policy Group Network 
  US Government 
  Litigation 
  Feda/Produced 
  Named Person 
  Marden, R.E. 
  Type 
  REPT, REPORT, OTHER 
  Subject 
  secondhand smoke strategy (Corporate strategy to deal with ETS issue) 
  Political Influence (How the industry develops and applies political
influence) 
  political interference 
  Political participation 

--------------------------------------------------------------------------------


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Anne Landman

TobaccoWiki Editor

P.O. Box 23099

Glade Park, CO 81523-0099

(970) 263-9199

anneATtobaccodocuments.org

anneATsourcewatch.org

www.sourcewatch.org

Center for Media and Democracy

 

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