Roadblocks

v.

Stepping Stones:

How to Get What You Want

• The art of the possible: what can be achieved

• The art of good negotiations is to know when to fight and when to compromise

• Never compromise with incomplete information

• Assure that compromise is a stepping stone to effective legislation and not a roadblock to future enhancement.

• Live to fight another day

Examples of major roadblocks

• Voluntary Codes - Industry argues that the government can save time and money and still get the same result.

“Just Say No”

Thailand

Industry youth programmes:

Uzbekistan

Industry youth programmes:

Middle East

Roadblock

• Drafting with industry

Industry has a history of drafting knowledge and a team of lawyers

Tobacco Executives Swear To Tell Congress the Truth

Examples of Working with the Industry

Preemption - a US morality play

Ban on all terms such as light, low and mild- tar, nicotine and CO levels per ISO method to be listed on the pack

• Unenforceable provisions

• Excessive penalties

• Sunset provisions

• Give authority to wrong agency

More Roadblocks

Stepping Stones

• Incremental measures - define what you can do, don’t limit future amendments

• Chose a less ambitious goal - NY fire safe cigarette

(less ignition-prone vs. fire safe)

Stepping Stones• Reporting obligations to ensure

effectiveness or build case for additional measures– Surveillance data– Industry expenditures – Population coverage

• Partial restrictions on advertising– Bill boards, electronic media

More Stepping Stones• Product regulation

– Reporting or disclosure of additives or emissions so you can regulate later; rather than tar and nicotine

• Taxes– If its small, at least do it all at once

• Labeling– 30%, battle every time

• State or Local Action

• Companies are not as concentrated and can’t have the influence

• Easier to buy national legislators - US clean indoor air