to quarterback behind the scenes, third-party efforts': the tobacco

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To quarterback behind the scenes, third-party efforts: the tobacco industry and the Tea Party Amanda Fallin, Rachel Grana, Stanton A Glantz Additional material is published online only. To view please visit the journal online (http://dx.doi.org/10.1136/ tobaccocontrol-2012-050815). Department of Medicine, University of California San Francisco, Center for Tobacco Control Research and Education, San Francisco, California, USA Correspondence to Stanton A Glantz, Department of Medicine, University of California San Francisco, Center for Tobacco Control Research and Education, Room 366 Library, 530 Parnassus, San Francisco, CA 94143-1390, USA; [email protected] Received 1 October 2012 Accepted 29 January 2013 To cite: Fallin A, Grana R, Glantz SA. Tob Control Published Online First: [ please include Day Month Year] doi:10.1136/ tobaccocontrol-2012- 050815 ABSTRACT Background The Tea Party, which gained prominence in the USA in 2009, advocates limited government and low taxes. Tea Party organisations, particularly Americans for Prosperity and FreedomWorks, oppose smoke-free laws and tobacco taxes. Methods We used the Legacy Tobacco Documents Library, the Wayback Machine, Google, LexisNexis, the Center for Media and Democracy and the Center for Responsive Politics (opensecrets.org) to examine the tobacco companiesconnections to the Tea Party. Results Starting in the 1980s, tobacco companies worked to create the appearance of broad opposition to tobacco control policies by attempting to create a grassroots smokersrights movement. Simultaneously, they funded and worked through third-party groups, such as Citizens for a Sound Economy, the predecessor of AFP and FreedomWorks, to accomplish their economic and political agenda. There has been continuity of some key players, strategies and messages from these groups to Tea Party organisations. As of 2012, the Tea Party was beginning to spread internationally. Conclusions Rather than being a purely grassroots movement that spontaneously developed in 2009, the Tea Party has developed over time, in part through decades of work by the tobacco industry and other corporate interests. It is important for tobacco control advocates in the USA and internationally, to anticipate and counter Tea Party opposition to tobacco control policies and ensure that policymakers, the media and the public understand the longstanding connection between the tobacco industry, the Tea Party and its associated organisations. INTRODUCTION The Tea Party, a loosely organised network of grass- roots coalitions at local and state levels, is a complex social and political movement to the right of the traditional Republican Party that promotes less government regulation and lower taxes. 14 It is often characterised as a grassroots movement that spontaneously arose in 2009. 45 However, it has also been cited as an example of corporate astro- turng,5 dened as a movement that appears to be grassroots, but is either funded, created or conceived by a corporation or industry trade associ- ation, political interest group or public relations rm.68 National organisations funded by corpora- tions, particularly Americans for Prosperity (AFP) and FreedomWorks, played an important role in structuring and supporting the Tea Party in the initial stages. 5 They provided training, communica- tion and materials for the earliest Tea Party activities, including the rst Tea Partyon 27 February 2009. 19 FreedomWorks organised the nationwide Tea Party tax protests in April 2009, 10 the town hall protests about the proposed healthcare reform in August 2009 1 and the TaxpayersMarch on Washington the following September 2009. 11 They continued to facilitate and support many of the local chapters and leaders that arose from the early events in 2009. 5 AFP and FreedomWorks continued to facilitate local Tea Party activities by co-sponsoring rallies, 1 12 13 creating talking points and organisational tips for supporters, 14 15 supply- ing literature for local Tea Party groups 16 and pro- viding training sessions. 1 3 17 FreedomWorks was a founding partner of the 2010 Contract from America (recalling the Republican Partys 1994 Contract with America). 18 As of 2012, AFP and FreedomWorks were sup- porting the tobacco companiespolitical agenda by mobilising local Tea Party opposition to tobacco taxes and smoke-free laws. 19 20 This support for the tobacco companiesagenda continues the tobacco industry use of AFP and FreedomWorkspredecessor organisation, Citizens for a Sound Economy (CSE), as a third-party ally since at least 1991 ( gure 1). Moreover, starting in the 1980s, major US tobacco companies attempted to manu- facture an astroturf citizen smokersrights move- mentto oppose local tobacco control policies. These smokers rightsgroups had grassroots mem- bership in several localities, but were created, coor- dinated and funded by the cigarette companies. 21 Although the Tea Party is widely considered to have started in 2009, 9 this paper presents a histor- ical study of some of the tobacco companiesearly activities and key players in the evolution of the Tea Party. Many people in the smokersrights effort or the tobacco companies went on to Tea Party organisations. Moreover, while the Tea Party started in the USA, it is beginning to spread inter- nationally. 2226 In 2012 FreedomWorks expanded the movement internationally, training activists in 30 countries, including Israel, Georgia, Japan, Nigeria and Serbia. 22 This international expansion makes it likely that Tea Party organisations will be mounting opposition to tobacco control (and other health) policies as they have done in the USA. METHODS We conducted a standard snowball search 27 of the Legacy Tobacco Documents Library, an online archive of over 80 million pages of previously secret tobacco industry documents. Initial search terms included: CSE, tobacco tax, Food and Drug Administration (FDA) and tobacco (19931996), Racketeer Corrupt and Inuenced Organisations (RICO), Kessler (19992006), Department of Justice (DOJ) (19992006) and lawsuit (19992006). We Fallin A, et al. Tob Control 2013;0:110. doi:10.1136/tobaccocontrol-2012-050815 1 Research paper

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‘To quarterback behind the scenes, third-partyefforts’: the tobacco industry and the Tea PartyAmanda Fallin, Rachel Grana, Stanton A Glantz

▸ Additional material ispublished online only. To viewplease visit the journal online(http://dx.doi.org/10.1136/tobaccocontrol-2012-050815).

Department of Medicine,University of CaliforniaSan Francisco, Center forTobacco Control Research andEducation, San Francisco,California, USA

Correspondence toStanton A Glantz, Departmentof Medicine, University ofCalifornia San Francisco,Center for Tobacco ControlResearch and Education, Room366 Library, 530 Parnassus,San Francisco,CA 94143-1390, USA;[email protected]

Received 1 October 2012Accepted 29 January 2013

To cite: Fallin A, Grana R,Glantz SA. Tob ControlPublished Online First:[please include Day MonthYear] doi:10.1136/tobaccocontrol-2012-050815

ABSTRACTBackground The Tea Party, which gained prominencein the USA in 2009, advocates limited government andlow taxes. Tea Party organisations, particularlyAmericans for Prosperity and FreedomWorks, opposesmoke-free laws and tobacco taxes.Methods We used the Legacy Tobacco DocumentsLibrary, the Wayback Machine, Google, LexisNexis, theCenter for Media and Democracy and the Center forResponsive Politics (opensecrets.org) to examine thetobacco companies’ connections to the Tea Party.Results Starting in the 1980s, tobacco companiesworked to create the appearance of broad opposition totobacco control policies by attempting to create agrassroots smokers’ rights movement. Simultaneously,they funded and worked through third-party groups,such as Citizens for a Sound Economy, the predecessorof AFP and FreedomWorks, to accomplish their economicand political agenda. There has been continuity of somekey players, strategies and messages from these groupsto Tea Party organisations. As of 2012, the Tea Partywas beginning to spread internationally.Conclusions Rather than being a purely grassrootsmovement that spontaneously developed in 2009, theTea Party has developed over time, in part throughdecades of work by the tobacco industry and othercorporate interests. It is important for tobacco controladvocates in the USA and internationally, to anticipateand counter Tea Party opposition to tobacco controlpolicies and ensure that policymakers, the media and thepublic understand the longstanding connection betweenthe tobacco industry, the Tea Party and its associatedorganisations.

INTRODUCTIONThe Tea Party, a loosely organised network of grass-roots coalitions at local and state levels, is a complexsocial and political movement to the right of thetraditional Republican Party that promotes lessgovernment regulation and lower taxes.1–4 It isoften characterised as a grassroots movement thatspontaneously arose in 2009.4–5 However, it hasalso been cited as an example of corporate ‘astro-turfing,’5 defined as a movement that ‘appears to begrassroots, but is either funded, created orconceived by a corporation or industry trade associ-ation, political interest group or public relationsfirm.’6–8 National organisations funded by corpora-tions, particularly Americans for Prosperity (AFP)and FreedomWorks, played an important role instructuring and supporting the Tea Party in theinitial stages.5 They provided training, communica-tion and materials for the earliest Tea Party activities,including the first ‘Tea Party’ on 27 February2009.1 9 FreedomWorks organised the nationwide

Tea Party tax protests in April 2009,10 the town hallprotests about the proposed healthcare reform inAugust 20091 and the Taxpayers’ March onWashington the following September 2009.11 Theycontinued to facilitate and support many of thelocal chapters and leaders that arose from the earlyevents in 2009.5 AFP and FreedomWorks continuedto facilitate local Tea Party activities byco-sponsoring rallies,1 12 13 creating talking pointsand organisational tips for supporters,14 15 supply-ing literature for local Tea Party groups16 and pro-viding training sessions.1 3 17 FreedomWorks was afounding partner of the 2010 Contract fromAmerica (recalling the Republican Party’s 1994Contract with America).18

As of 2012, AFP and FreedomWorks were sup-porting the tobacco companies’ political agenda bymobilising local Tea Party opposition to tobaccotaxes and smoke-free laws.19 20 This support forthe tobacco companies’ agenda continues thetobacco industry use of AFP and FreedomWorks’predecessor organisation, Citizens for a SoundEconomy (CSE), as a third-party ally since at least1991 (figure 1). Moreover, starting in the 1980s,major US tobacco companies attempted to manu-facture an astroturf citizen ‘smokers’ rights move-ment’ to oppose local tobacco control policies.These smokers rights’ groups had grassroots mem-bership in several localities, but were created, coor-dinated and funded by the cigarette companies.21

Although the Tea Party is widely considered tohave started in 2009,9 this paper presents a histor-ical study of some of the tobacco companies’ earlyactivities and key players in the evolution of theTea Party. Many people in the smokers’ rightseffort or the tobacco companies went on to TeaParty organisations. Moreover, while the Tea Partystarted in the USA, it is beginning to spread inter-nationally.22–26 In 2012 FreedomWorks expandedthe movement internationally, training activists in30 countries, including Israel, Georgia, Japan,Nigeria and Serbia.22 This international expansionmakes it likely that Tea Party organisations will bemounting opposition to tobacco control (and otherhealth) policies as they have done in the USA.

METHODSWe conducted a standard snowball search27 of theLegacy Tobacco Documents Library, an onlinearchive of over 80 million pages of previously secrettobacco industry documents. Initial search termsincluded: CSE, tobacco tax, Food and DrugAdministration (FDA) and tobacco (1993–1996),Racketeer Corrupt and Influenced Organisations(RICO), Kessler (1999–2006), Department of Justice(DOJ) (1999–2006) and lawsuit (1999–2006). We

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used the Wayback Machine (archive.org) to access old versions ofthe CSE, AFP and FreedomWorks’ websites (since 1997) andGoogle, LexisNexis, the Center for Media and Democracy(sourcewatch.org and PRwatch.org), Center for ResponsivePolitics (opensecrets.org) and AFP (americansforprosperity.org)and FreedomWorks’ (freedomworks.org) websites’ internal searchengines. Internal Revenue Service Form 990s were obtained from2002 to 2010 using Guidestar and Foundation Finder for CSE,CSE FreedomWorks, FreedomWorks and AFP. Searches were con-ducted from September 2011 to March 2012. We refer to CSEand Citizens for a Sound Economy Foundation as ‘CSE,’ AFP andAmericans for Prosperity Foundation as ‘AFP,’ and FreedomWorksand FreedomWorks Foundation as ‘FreedomWorks.’

RESULTSFigure 1 provides an overview of the connections the tobaccoindustry has with organisations and key players in the Tea Party.Online supplementary table S1 provides details of key organisa-tions involved with the tobacco industry and the Tea Party andonline supplementary table S2 provides histories of keyindividuals.

Historical context for tobacco industry third-party effortsThe tobacco industry historically worked through ‘third-party’allies28–32 because of its low credibility with the public. By thelate 1980s, confronted with increasing success of the local grass-roots non-smokers’ rights movement, RJ Reynolds (RJR) andPhilip Morris began creating and facilitating ‘smokers’ rights’groups to oppose smoke-free laws.28 33 The smokers’ rightsgroups were an important component of the tobacco industry’sthird-party advocacy efforts in the 1980s and early 1990s.A July 1993 Philip Morris draft plan to create what became theNational Smokers Alliance (NSA) described the politicalenvironment:

Lobbying efforts are facing increasing difficulty. Even nationalrepresentatives from tobacco states are losing heart for defendingsmokers’ rights and sustaining the tobacco industry. The powerof the vested interest of the tobacco industry has not been fullybrought to bear in sustaining smokers [sic] rights.34

As of 2012, key personnel from the smokers’ rights groupshad founded or worked at firms that consulted for Tea Partygroups (figure 1).

In the 1990s, RJR’s smokers’ rights groups were organisedthrough a network of field coordinators who recruited members,held meetings and provided meeting agendas, letters to editorsand elected officials, a telephone script for contacting electedofficials and petitions.33 By the mid-1990s, RJR was using publicrelations firms Ramhurst and Walt Klein & Associates to helpcoordinate their smokers’ rights groups. Ramhurst was formed in1993 with support from RJR and run by former RJR smokers’rights group coordinators, James Ellis and Doug Goodyear35 36

(past vice president of Walt Klein & Associates in NorthCarolina, see online supplementary table S2). By 1994 Ramhurstwas coordinating RJR’s smokers’ rights groups, providing ‘thefield personnel necessary to implement and execute various pro-grammes and activities related to RJR’s national grassroots pro-gramme,’37 with Walt Klein & Associates providing ‘ancillaryservices necessary to support the field force.’37

Another smokers’ rights group, NSA, was created in 1993 byPhilip Morris.34 Philip Morris worked with its PR firm,Burson-Marsteller to create and plan the implementation of theNSA.38 They positioned the NSA as independent of the indus-try, even though Philip Morris conceived the idea and providedalmost all the funding34 39 40 (figure 1). NSA leadership wastied heavily to Philip Morris. NSA president Tom Humber(figure 1 and online supplementary table S2) had been aBurson-Marsteller senior vice president where he handled thePhilip Morris account and, before that, Brown & Williamson

Figure 1. Connections between the tobacco industry, third-party allies and the Tea Party, from the 1980’s (top) through 2012 (bottom). The thickblack line connects CSE with its direct successor organisations. Online supplementary tables S1 and S2 provide more details on the linkagesdepicted in this figure.

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director of government affairs. Gary Auxier, who also workedon the Philip Morris account at Burson-Marsteller, became NSAvice president.41 The NSA participated in promoting the‘Enough is Enough’ campaign led by (Roger) AilesCommunication that advocated the full range of tobacco indus-try policy positions.42–44

The smokers’ rights groups’ publications disputed the healtheffects of second-hand smoke, promoted ‘choice’ and individualrights and encouraged smokers to defend their rights and free-doms.45 Some of these appeals made direct reference to theBoston Tea Party. For example, a 1989 issue of Philip MorrisMagazine included a section on excise taxes that compared thatkind of taxation with the taxes being opposed during theBoston Tea Party.46 In 1993, Massachusetts smokers’ rightsgroups distributed a mailing entitled ‘Protect your right tosmoke!’ that included ‘Tea Party’ language to describe oppos-ition to tobacco taxes: ‘New Englanders don’t like unfair taxes—remember the Boston Tea Party?—and they’re fighting madover proposals in Washington to raise the federal tax on cigar-ettes from 24 cents a pack to $1.24 or maybe even $2.24 apack.’47 The tobacco industry and their allied organisations havebeen using the ‘Tea Party’ metaphor to oppose taxation since atleast the 1980s.

The smokers’ rights groups proved ineffectual at protectingtobacco industry interests, particularly at stopping local smoke-free laws and they were phased out in the late 1990s and early2000s. In a parallel effort, the industry broadened its reach byfunding and collaborating with existing third-party advocacyorganisations and institutes under a unified theme of freedom,choice and less government. In 1990, Tim Hyde, RJR directorof national field operations, outlined a strategy for RJR tocreate ‘a movement’ resembling what would later emerge as theTea Party by

build[ing] broad coalitions around the issue-cluster of freedom,choice and privacy…

…coalition-building should proceed along two tracks: a) a grass-roots, organizational and largely local track; b) and a national,intellectual track within the D.C.-New York corridor. Ultimately,we are talking about a “movement,” a national effort to changethe way people think about government’s (and big business’) rolein our lives. Any such effort requires an intellectual foundation–aset of theoretical and ideological arguments on its behalf.48

Another RJR field coordinator later described the company’smotivation for involving and organising third-party organisa-tions: ‘In about the third year [of the RJR smokers’ rightsgroups], there was an emphasis on coalition building—anti-taxgroups were a natural. You didn’t have to defend your positionon tobacco because a tax is a tax is a tax to these guys.’33 In1992, Auxier, then at Burson-Marsteller, submitted a publicrelations strategy proposal to the Coalition Against RegressiveTaxation,49 an industry effort to fight tobacco and other excisetaxes.50 It read, ‘Grounded in the theme of “The NewAmerican Tax Revolution” or “The New Boston Tea Party”, thecampaign activity should take the form of citizens representingthe widest constituency base mobilised with signage and otherattention-drawing accoutrements such as lapel buttons, hand-outs, petitions and even costumes.’49

Citizens for a Sound EconomyCSE, one of the third-party ‘anti-tax’ tobacco industry partners,was a think tank dedicated to free market economics. CSE(which split into AFP and FreedomWorks in 2004) wasco-founded in 1984 by David Koch, of Koch Industries, and

Richard Fink, former professor of economics at George MasonUniversity, who has worked for Koch Industries since 1990.3 51

CSE supported the agendas of the tobacco and other industries,including oil, chemical, pharmaceutical and telecommunications,and was funded by them.52 In 2002, before Tea Party politicswere widely discussed in the mainstream media, CSE started itsUS Tea Party (http://www.usteaparty.com) project, the website ofwhich stated ‘our US Tea Party is a national event, hosted con-tinuously online and open to all Americans who feel our taxesare too high and the tax code is too complicated.’53 Between1991 and 2002 the tobacco companies, mainly Philip Morris,provided CSE with at least US$5.3 million (see online supple-mentary table S3). Philip Morris gave CSE US$250 000 annu-ally in the early 1990s to start six state chapters.41

Philip Morris (PM) designated CSE a ‘Category A’ publicpolicy organisation for funding.54 ‘Category A’ organisationswere ‘the largest and most important/sustained relationships’that were assigned a ‘PM senior relationship manager’ to putthem at the ‘centre of a network of information-sharing amongPM people involved with the organisation’ and ‘[assure] system-atic and ongoing relationship activities’.54 In response to aninternal 1999 email asking whether CSE was worth its currentlevel of funding, Philip Morris’ vice president of federal govern-ment affairs replied:

They are adding this level of value. They have provided signifi-cant grassroots assistance, in the nature of several thousand callsto the Hill on the lawsuit [likely the federal RICO lawsuit againstthe major cigarette companies discussed below] direct lobbyingon the lawsuit, some media as well as continuing a very usefullevel of activity on FET [federal excise tax]/prescription drugs [aproposal to expand Medicare and fund prescription drugs with atobacco tax]. Throughout the August [Congressional] Recess theyhave been very active on our behalf in the field in key states withkey Members.55

During the 1990s, the tobacco industry was facing a multi-tude of threats. CSE helped the industry oppose these challenges(see online supplementary table S4), including theEnvironmental Protection Agency’s (EPA) second-hand smokerisk assessment (1992), the Clinton healthcare reform planwhich included a tobacco tax (1993–1994), the OccupationalSafety and Health Administration’s (OSHA) proposal to regulateworkplace smoking (1994–2001), FDA regulation of tobaccoproducts (1994–1996) and the DOJ RICO case against thetobacco industry (filed in 1999), as well as tobacco taxes(throughout the 1990s).

Opposing the EPA report on second-hand smokeIn the early 1990s, the tobacco companies made a major effortto block the EPA risk assessment that designated second-handsmoke a Class A (human) carcinogen.29–30 56 One strategy wasto advocate new risk assessment standards that would make itimpossible to identify second-hand smoke as a carcinogen.30 57

In August 1992 CSE sponsored a conference with an ‘over-regulation’ message, with other industry allies and it featuredVice President Dan Quayle,30 who had previously expressedinterest in the effort to change the risk assessment require-ments.58 Humber wrote to Philip Morris vice president of cor-porate affairs ‘to outline … unified and synergisticrecommendations for dealing with the ongoing battle over ETS[environmental tobacco smoke, what the tobacco companies callsecond-hand smoke]’ reporting that ‘B-M was involved in bothconcept and execution of a strategy that made sure that mediacoverage of the [CSE conference’s] message regarding over-

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regulation superseded the political noise surrounding the VP’sappearance’.57 Despite the efforts of the industry and theirallies, the EPA released the report in December 1992 identifyingsecond-hand smoke as a Class A carcinogen.59

Opposing healthcare reformThe tobacco industry waged a major campaign between 1993and 1994 to oppose President Bill Clinton’s healthcare reformefforts, particularly the US$0.75 cigarette tax to help financeit.32 The tobacco industry worked with a broad coalition againstthe proposed reform, which included CSE and RJR’s smokers’rights groups (coordinated by Ramhurst) and others. Accordingto a document that appears to be a report to Philip Morris CEOMike Miles,

To fight Clinton’s proposed $.75 per pack excise tax increase, weare also working behind the scenes to oppose the Clinton packageas a whole. The House Energy and Commerce Committee will be akey battleground over the Clinton health care plan and we aregiving $400 000 to Citizens For A Sound Economy—a free marketbased grassroots organization—to run a grassroots program aimedat “swing” Democrats on the Committee.60

CSE campaigned against healthcare reform between 1993 and1994, including media appearances, organising communityevents and coordinating protests during town hall meetings (seeonline supplementary table S4).32 61

Opposing the OSHA regulation of smoking in workplacesIn the mid-1990s, RJR hired the public relations firmMongoven, Biscoe & Duchin to run the ‘Get Government OffOur Back’ (GGOOB) coalition primarily to oppose OSHA regu-lation of workplace second-hand smoke (as well as FDA regula-tion of tobacco products).31 CSE was one of 39 GGOOBmembers, 18 of which were tobacco industry-funded and threemore that had split off from tobacco industry-funded groups.GGOOB promoted an October 1994 resolution calling forsmaller government and fewer regulations and fought smoke-free laws (see online supplementary table S4).

Opposing the FDAIn February 1994, the FDA started investigating regulating nico-tine as a drug and cigarettes and smokeless tobacco as drug-delivery devices.62 In March 1994 Philip Morris CEO Milesrecognised that ‘The Administration has emerged as clearly anti-tobacco. … [including FDA Commissioner David] Kessler’s recenttrial balloon on FDA regulation on the industry. This will also getworse…it seems to me that we need to seriously reconsiderwhether our current passive defence strategy is the right strategy,or whether we have ‘less to lose’ by being more ferocious’.63

The political landscape changed after the November 1994mid-term elections, when Republicans took control of Congress.A Philip Morris October 1995 draft action plan established thelong-term goal of ‘creat[ing a] political environment where“moderates” of both parties on the Hill can vote for legislationthat divests FDA of any power to regulate tobacco because theyare convinced that FDA is already failing miserably in accom-plishing its “core mission.”64 They partnered with CSE ‘to quar-terback behind the scenes, third-party efforts to launch, publiciseand execute a broad non-tobacco-based attack on the many fail-ings of the FDAwith respect to its currently authorised statutoryactivities [emphasis added]’.64 CSE and the Washington LegalFoundation (another tobacco industry-funded think tank) werethe primary third-party groups designated ‘to monitor and helpdirect multi-front action plan.’64

Throughout 1995 CSE worked to discredit the FDA and pushfor major limitations on its authority. CSE published critical com-mentary about the FDA,65 and ran full page ads in CongressionalMonitor and the Washington Times.66 Their ‘Death by Regulation’radio ads accused the FDA of being slow to approve drugs, thusleading to unnecessary death67 (see online supplementary tableS4). CSE also opposed funding a modernised FDA building, oneof Kessler’s priorities.67 CSE chairman, C Boyden Gray, testifiedagainst the building in Congress, citing the FDA’s ‘overregulation’and ‘growing bureaucracy,’ and attacked FDA’s slow approval ofdrugs.67 CSE also tried to reallocate FDA resources to ‘productapproval process’ by partnering with former CSE fellow represen-tative David McIntosh (R-IN) to freeze the Office of theCommissioner’s budget.68

In 2000, after a tobacco industry lawsuit, the Supreme Courtruled that the FDA did not have authority to regulate tobaccoproducts.69

Opposing the federal RICO lawsuit against the tobacco industryPresident Clinton announced in his 1999 State of the Unionaddress that the DOJ was planning a case against the tobaccoindustry to recover smoking-induced Medicare funds under theRICO Act.70 In February 1999, Philip Morris’s vice president offederal government affairs outlined three strategic goals forfighting the lawsuit: (1) to fight the US$20 million dollar appro-priation for the lawsuit; (2) ‘bar consideration or defeat anylegislation that enhances the ability of the DOJ to successfullybring a cause of action against the tobacco industry;’ (3) exert‘political pressure’ to block filing of the lawsuit.71

CSE supported these goals during 1999 (see online supple-mentary table S4). CSE president Paul Beckner wrote to senatemajority leader Trent Lott (R, MS) and house speaker DennisHastert (R, IL), ‘On behalf of our 250 000 grassroots members,I urge you to oppose the federal government’s proposed lawsuitas well as any legislation to facilitate this unprecedentedaction.’72 CSE members and staff contacted policymakers,73

drafted commentaries,73 74 aired ads75 76 and sent out actionalerts against the case.73 (see online supplementary table S4)

On 22 July 1999 Congress rejected DOJ’s appropriationrequest.70 (The lawsuit was then funded by the Departments ofDefense, Health and Human Services and Veterans Affairs.) Theindustry and its third-party allies failed to stop the lawsuit,which the DOJ filed on 22 September 1999.70 The next day,CSE’s Michele Isele Mitola was quoted in the WashingtonTimes: ‘We see this as a political ploy to find ways to raise morerevenue to fund their [the government’s] tax-and-spendagenda.’77 CSE continued opposition until at least 2002,encouraging supporters to ask newly elected President GeorgeW Bush to end the lawsuit.78 These efforts failed, with federaljudge Gladys Kessler ruling in 2006 that the major cigarettecompanies and their affiliated organisations constituted a con-tinuing racketeering enterprise to defraud the public.79

Opposing tobacco taxesCSE opposed state tobacco taxes (see online supplementarytable S4). For example, in 1996, the Tobacco Institute (then thetobacco companies’ political and lobbying arm) provided NewJersey CSE with US$40 00080 to fight a tobacco tax increaseusing mailings, radio advertisements and patch through calls.81

A Ramhurst representative recruited industry allies including theNew Jersey CSE president, New Jersey smokers’ rights grouppresident and Grover Norquist of Americans for Tax Reform, towrite opinion editorials opposing the tax.82

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CSE opposed national-level tobacco taxes including a 1999proposed US$0.55 increase.83 CSE’s Michele Isele Mitola sent acopy of CSE’s anti-tobacco tax mailer materials to BeverlyMcKittrick (Philip Morris’s director of federal policy, tobaccoand legislative counsel and Washington relations) for review.The mailer contained CSE materials, including one-pagersentitled, ‘Big Government/Tobacco Tax’ and ‘ExtinguishingTobacco Taxes.’84

There was also crossover in employment between CSE andthe tobacco companies (see online supplementary table S2). Forexample, Michele Isele Mitola left CSE, where she had heldseveral positions throughout the 1990s, to work at PhilipMorris.85 As of 2012, she was vice president, public affairs atForum Strategies and Communications, a communication andoutreach firm; all four leaders of Forum Strategies had workedat Altria/Philip Morris.86–89

CSE becomes Americans for Prosperity and FreedomWorksBetween 2003 and 2004, CSE (a 501(c)4) and CSE Foundation(a 501(c)3) reorganised and changed names. CSE Foundationbecame AFP. CSE merged with Empower America to becomeFreedomWorks. Empower America was an organisation ‘devotedto ensuring that government actions foster growth, economicwell-being, freedom and individual responsibility’90 (see onlinesupplementary table S1). According to the late former SenatorJack Kemp, the last chair of Empower America, the mergeroccurred because ‘by merging the policy expertise of EmpowerAmerica with CSE’s grassroots machine, FreedomWorks providesthe freedom movement with an organisation that has unprece-dented scale, reach, experience and impact.’91

Both AFP and FreedomWorks included senior CSE leaders.Dick Armey, former Republican house majority leader, was theFreedomWorks chairman as of 2012. He had also been CSEchairman,92 and served as an AFP consultant in 2003.93

FreedomWorks president as of 2012, Matt Kibbe, was a CSEvice president for 8 years.94 AFP was first led by presidentNancy Pfotenhauer,93 a CSE vice president,95 and since 2006,Tim Philips.96 Philips came from Century Strategies, a companyhe helped to form with Ralph Reed (of the Christian Coalition)(see online supplementary table S1).97 Pfotenhauer later ledMediaSpeak Strategies,98 an AFP consultant group99 (figure 1).There was also staff continuity between CSE, AFP andFreedomWorks. For example, Peggy Venable and Slade O’Brienwho led the Texas and Florida CSE chapters, became AFP statedirectors.76 100 101

AFP and FreedomWorks maintained policy continuity withCSE and were using ‘Tea Party’ rhetoric before 2009.102 Forexample, in 2007, FreedomWorks’ chairman Dick Armey andpresident Matt Kibbe, proposed ‘the Boston Tea Party as a modelof grassroots pressure on an overbearing central government.’103

Tea Party rhetoric was also espoused by other libertarian-orientedgroups including Ron Paul’s Campaign for Liberty, which hasstate chapters, and the Sam Adams Alliance.104

Consultants to AFP and FreedomWorksThe public relations firms FLS Connect105 and DCI Group,co-founded in part by Tom Synhorst,106 consulted for AFP andFreedomWorks107 108 (figure 1 and online supplementary tableS2). DCI Group’s leadership as of 2012 included Synhorst,Hyde and Goodyear,109 all of whom were with RJR’s smokers’rights programme in the 1990s.36 110 Dan Combs, a DCI Grouppartner as of 2012, had been CSE’s director of grassroots andmobilisation.111 DCI Group also lobbied the New York CityCouncil for Altria (Philip Morris) in 2011 and 2012.112

AFP and FreedomWorks oppose tobacco taxes andsmoke-free lawsAs of 2012, AFP and FreedomWorks were continuing tosupport the tobacco industry’s broad policy agenda (see onlinesupplementary table S4), including opposing the EPA113 114 andhealthcare reform.115 These organisations have been fightingstate tobacco taxes and smoke-free laws since at least 2006 (seeonline supplementary table S4).

Both organisations mounted grassroots efforts in oppositionto tobacco taxes in the states and in 2012 were participating inthe campaign against a proposed tobacco tax initiative inCalifornia.116 AFP and FreedomWorks have advanced standardindustry arguments against tobacco taxes,117 118 includingtobacco taxes are regressive,119 120 adversely affect busi-ness20 121 122 and shift sales to surrounding states, the internet,or the black market.123 124 In 2009, FreedomWorks fought aproposed tobacco tax increase in Arkansas with an ‘Enough isEnough!’ advertisement, recalling the tobacco industry cam-paign from the late 1980s and 1990s.42 125 AFP used the samemessage to oppose a tobacco tax initiative (Proposition 29) inCalifornia in 2012.126

AFP and FreedomWorks have opposed smoke-free laws acrossthe country since at least 2006 (see online supplementary tableS4). AFP and FreedomWorks credited their grassroots memberswith defeating the 2007 North Carolina smoke-free law.19 127

Echoing well-established tobacco industry arguments and thepatriotic rhetoric of the smokers’ rights groups,45 they arguedfor private property rights,127 128consumer choice129 andlimited government.130–132

Other third-party groups: tobacco industry and Tea PartyaffiliationsIn 2001, Humber announced that the NSA would be dissolved,with some of its funds being transferred to the Center forIndividual Freedom (CFIF, figure 1),133 134 which Humberfounded in 1998.135 Its mission is to ‘protect and defend indi-vidual freedoms and individual rights guaranteed by the U.S.Constitution.’136 As of 2012, CFIF’s president was former NSAspokesperson Jeffrey Mazzella137 138 and CFIF’s corporatecounsel and senior vice president was former NSA attorneyRenee Giachino.139 140

The National Center for Public Policy Research (NCPPR,figure 1), which promotes ‘principles of a free market, individ-ual liberty and personal responsibility [as] the greatest hope formeeting the challenges facing America in the 21st century,’141

has been a longstanding tobacco industry ally and employs orcollaborates with individuals who worked for the tobacco indus-try. Philip Morris funded NCPPR in the 1990s,142–144 andNCPPR was a member of RJR’s GGOOB.31 NCPPR alsoopposed FDA regulation of tobacco145 and the DOJ RICOlawsuit against the tobacco industry.146 In 2012 NCPPR wascontinuing efforts, such as its ‘Occupy Occupy D.C. Smoke-in’to protest about taxes on smokeless tobacco and e-cigarettes.147

Thomas Borelli, also an NCPPR senior fellow and his spouse,Deneen Borelli, an NCPPR fellow (as well as a FreedomWorks’fellow148) worked for Philip Morris for over 20 years and havespoken at Tea Party events (figure 1 and online supplementarytable S2). While at Philip Morris, Thomas Borelli served on itspublic policy advisory council, which reviewed and prioritisedpublic policy grants for funding and designated CSE a CategoryA public policy organisation for funding.54 Dana Joel Gattuso, aNCPPR senior fellow, had been CSE’s deputy director of regula-tory affairs.149

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Steve Milloy, who served as co-director of NCPPR’s FreeEnterprise Project with Tom Borelli,150 helped the industrycontest the link between second-hand smoke and disease.29

Milloy directed The Advancement of Sound ScienceCoalition151 (TASSC, figure 1), which was created for PhilipMorris in 1993 by the public relations firm APCO Associates, aspart of the effort to undermine the EPA’s second-hand smokerisk assessment.29 Though TASSC was eventually disbanded,Milloy maintained http://junkscience.com as of 2012152 (seeonline supplementary table S2).

The Center for Consumer Freedom (CCF) is anotherexample of a Tea Party-related organisation with strong roots inthe tobacco industry. In 2002, Guest Choice Network becamethe CCF to oppose efforts by ‘the anti-consumer forces [to]expand their reach beyond the restaurants and taverns, goinginto your communities and even your homes.’153 LobbyistRichard Berman created Guest Choice Network in 1995, withUS$600 000 in startup funds,154 as well as continued fundingfrom Philip Morris.155–157 It was meant to appear as ‘arestaurant-driven programme’ to oppose smoke-free restaurantsthat was not ‘owned’ by Philip Morris.158

DISCUSSIONThe tobacco companies have refined their astroturf tactics sinceat least the 1980s and leveraged their resources to support andsustain a network of organisations that have developed intosome of the Tea Party organisations of 2012 (figure 1). In manyways, the Tea Party of the late 2000s has become the ‘move-ment’ envisioned by Tim Hyde, RJR director of national fieldoperations in the 1990s,48 which was grounded in patrioticvalues of ‘freedom’ and ‘choice’ to change how people see therole of ‘government’ and ‘big business’ in their lives, particularlywith regard to taxes and regulation.

While it is well known that corporations can influence policy,this case study demonstrates the extent to which a particularindustry has leveraged its resources to indirectly affect publicpolicy. The tobacco companies funded one of the main TeaParty predecessor organisations, CSE, as well as other conserva-tive organisations, including the Cato Institute,159 AmericanEnterprise Institute,160 Americans for Tax Reform,161 theWashington Legal Foundation162 and the American LegislativeExchange Council (ALEC)163 164 to support the companies’broader economic and political agendas. In parallel to the TeaParty’s expansion outside the USA, in 2012, ALEC advancedtobacco industry arguments to campaign against cigarette plainpackaging policies in Canada, Australia and the UK and theEuropean Union’s ban on snus.165

The tobacco companies amplified the benefit of funding theseindividual organisations by integrating them into coalitions tofight on behalf of favourable tobacco industry positions (ie,GGOOB, which included CSE), a prime example of astroturf-ing.31 In addition, this tactic has continued, as the Tea Partyorganisations, AFP and FreedomWorks (descendants of CSE;figure 1) were part of a coalition called Californians AgainstOut Of Control Spending, which received a majority of fundingfrom tobacco companies. As such, they served as a public facefor Philip Morris and Reynolds American’s campaign againstthe tobacco tax initiative in California (Proposition 29).166 Theleadership of the California AFP chapter appeared on campaignmaterials and publicly represented the No on 29 campaign inthe media.116 126 167

The tobacco companies were not the only source of corporatesupport for CSE. Other corporate interests have funded andinfluenced the network of organisations that support the Tea

Party. For example, David Koch was a co-founder of CSE andAFP Foundation,3 and Koch foundations have supported thesegroups.168 169 Koch Industries is a conglomerate, with multipleindustries including chemical and refining.170 Both CSE andAFP have campaigned for fewer governmental restrictions onenvironmental policies.171 172

Another example of broader corporate support for a TeaParty-related organisation is through the CCF (figure 1), whichhas received funding from the food, restaurant and agribusinessindustries, including Coca-Cola, Monsanto and Wendy’sInternational.173 This organisation has opposed the Institute ofMedicine’s strategies to prevent obesity, including taxing swee-tened beverages, incentivising opening grocery stores in ‘fooddeserts’ and implementing restaurant zoning laws.174 In June2012, the CCF ran a full-page advertisement in the New YorkTimes opposing New York Mayor Michael Bloomberg’s pro-posal to end the sale of super-sized sugary drinks in New YorkCity as a policy to fight childhood obesity. Echoing rhetoricused years earlier to oppose smoke-free restaurants, the headlineproclaimed, ‘The nanny: you only thought you lived in the landof the free.’175

It is important for policymakers to be aware of the corporatefunding sources for organisations that work to influence publicpolicy. AFP and FreedomWorks are registered as public charitiesand social welfare organisations under the US tax code sections501(c)3 or 501(c)4, which, as of 2012, do not have to disclosetheir donors.176 Greater transparency of funding sources forthese organisations would allow policymakers and the public toevaluate more critically messages and activities of these organi-sations. Requiring groups to disclose corporate funding sourcesbefore engaging in lobbying activities would be one way toimprove transparency.

Because of the lack of transparency in funding for third-partyadvocacy groups and coalitions, members of the general public,the media and policymakers, may not know who funds and coor-dinates the coalitions and may unwittingly aid a corporateagenda. Although AFP and FreedomWorks oppose smoke-freelaws, a 2011 survey on support for smoke-free lawsfound that the proportion of people who favour smoke-free lawswas similar among those who identify with, and those whooppose, the Tea Party177 (72% and 75%, respectively, in stateswithout smoke-free laws, p=0.145 by χ2 and 77% and 87%in states with smoke-free laws, p=0.139). Tea Party supportersalso favour preserving Medicare,1 which does not align with AFPand FreedomWorks’ opposition to government-run healthcare.

Many factors beyond the tobacco industry have contributed tothe development of the Tea Party.9 Anti-tax sentiment has beenlinked to notions of patriotism since the inception of the USAwhen the colonies were protesting against taxation by theBritish.178 In addition, the Tea Party has origins in the ultra-rightJohn Birch Society of the 1950s, of which Fred Koch (Charles andDavid Koch’s father) was a founding member.9 Often, socialmovements gain prominence from complicated connections withestablished political institutions.179 Although the Tea Party is asocial movement, it has been affiliated closely with, and somewhatincorporated into, the Republican Party.9 This may be due in partto the increased conservatism of politically active Republicanssince 1970s and the increased polarisation of American politics.180

Although AFP and FreedomWorks have campaigned for very con-servative policies since the 1980s (as CSE), they capitalised on thechanging political realities following President Barack Obama’selection in 2008. In particular, they harnessed anti-governmentsentiment arising from the confluence of the mortgage andbanking bailout, President Barack Obama’s stimulus package and

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the Democratic push for healthcare reform, which provided themwith the opportunity for more successful grassroots-level Tea Partyorganising.1 In addition, the conservative media, including FoxNews and the network of conservative talk radio hosts and blog-gers, provided a unified forum to amplify these messages.1 Thetobacco industry has played a part in building this network, bothby working with Roger Ailes181–184 (who subsequently becameFox News CEO) and funding the National Journalism Centerwhich ‘train[s] budding journalists in free market political and eco-nomic principles.’56

LimitationsThis paper focuses on only one of the multiple industries withconnections to the Tea Party. In addition, it would be difficult toassess and record the full extent of corporate connections,because they reach beyond disclosed contributions and industrylobbyists. Another limitation is that a major source for thispaper was the Legacy Tobacco Documents Library, which is nota complete collection and is limited to documents produced inlitigation against the tobacco industry.

CONCLUSIONThe tobacco companies have created third-party allies, frontgroups and used public relations firms to foment the appearanceof popular public opposition to tobacco control policies fordecades. Tea Party strategy and leadership has important rootsin these tobacco industry efforts. AFP and FreedomWorks,national organisers of the Tea Party, grew out of CSE, an organ-isation with strong ties to the tobacco industry. AFP andFreedomWorks continue to mobilise grassroots opposition totobacco control policies despite the evidence that Tea Party sup-porters favour such policies. It is important for policy-makers,the health community and people who support the Tea Party tobe aware of these complex and often hard-to-track linkages.Rather than being purely a grassroots movement, the Tea Partyhas been influenced by decades of astroturfing by tobacco andother corporate interests to develop a grassroots network tosupport their corporate agendas, even though their membersmay not support those agendas. Greater transparency of organ-isation funding is needed so that policymakers and the generalpublic—including people who identify with the Tea Party—canevaluate claims of political support for, and opposition to,health and other public policies. It is important for tobaccocontrol advocates, in the USA and internationally, to anticipateand counter Tea Party opposition to tobacco control policiesand to ensure that policy makers, the media and the publicunderstand the longstanding intersection between the tobaccoindustry and the Tea Party policy agenda.

What this paper adds

Rather than being a grassroots movement that spontaneouslydeveloped in 2009, the Tea Party organisations have hadconnections to the tobacco companies since the 1980s. Thecigarette companies funded and worked through Citizens for aSound Economy (CSE), the predecessor of Tea Partyorganisations, Americans for Prosperity and FreedomWorks, toaccomplish their economic and political agenda. There has beencontinuity of some key players, strategies and messages fromthese groups to Americans for Prosperity, FreedomWorks andother Tea Party-related organisations.

Contributors ATF and RG collected the data and drafted the paper. All threeauthors participated in the analysis of the data and preparation of the final paper.

Funding This research was funded by National Cancer Institute grants CA-113710and CA-087472. The funding agency played no role in the selection of the researchtopic, conduct of the research or preparation of the manuscript. SAG is AmericanLegacy Foundation Distinguished Professor in Tobacco Control.

Competing interests None.

Provenance and peer review Not commissioned; externally peer reviewed.

Data sharing statement All source materials are publicly available.

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(accessed 6 Apr 2012).110 RJ Reynolds Public Issues Department. 1992 Operating Plan. 13 September 1991.

RJ Reynolds. http://legacy.library.ucsf.edu/tid/xhl33d00 (accessed 2 Apr 2012).111 DCI Group. Dan Combs: partner. 2011. http://www.dcigroup.com/who-we-are/

our-people/dan-combs (accessed 6 Apr 2012).112 NYC Lobbyist Search. Welcome to the Nyc Lobbyist Search! http://www.nyc.gov/

lobbyistsearch/search (accessed 6 Apr 2012).113 Americans for Prosperity. Talking points: EPA’s regulation of greenhouse gases.

http://americansforprosperity.org/files/ANPR%20Talking%20Points%201.2.pdf(accessed 11 Jan 2012).

114 Steinhauser B. Tell Senator Ben Nelson to Fight the EPA! 2012. http://www.freedomworks.org/blog/bstein80/tell-senator-ben-nelson-to-fight-the-epa (accessed29 May 2012).

115 Americans for Prosperity South Carolina. An Obamacare update. 2011. http://web.archive.org/web/20110727201433/http://americansforprosperity.org/062011-obamacare-update (accessed 11 Jan 2012).

116 No on 29. About us. http://www.noon29.com/about-us (accessed 16 May 2012).117 Campbell R, Balbach ED. Mobilizing public opinion for the tobacco industry: the

consumer tax alliance and excise taxes. Tob Control 2008;17:351–6.118 Campaign for Tobacco-Free Kids. Responses to misleading and inaccurate cigarette

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119 Americans for Prosperity Illinois. State Leaders Want It Both Ways on Tobacco Tax,Smoking Ban Illinois Chapter of Americans for Prosperity Says. 2007. http://web.archive.org/web/20110625121912/http://www.americansforprosperity.org/state-leaders-want-it-both-ways-tobacco-tax-smoking-ban-illinois-chapter-americans-prosperity-says (accessed 25 Oct 2012).

120 Brandon A. Take the anti-tax message directly to Florida lawmakers. http://www.freedomworks.org/press-releases/take-the-anti-tax-message-directly-to-florida-lawm(accessed 11 Jan 2012).

121 Contact: Joe Calomino, Americans for Prosperity Illinois. Americans for Prosperity:cigarette tax increase would cost jobs, feed state’s out-of-control spending habits.2008. http://web.archive.org/web/20110625043207/http://www.americansforprosperity.org/americans-prosperity-cigarette-tax-increase-would-cost-jobs-feed-states-out-control-spending-habi (accessed 24 Oct 2012).

122 Steinhauser B. Tell Gov. Lingle to put the breaks on a potentially devastating newtax hike! 2006. http://www.freedomworks.org/press-releases/tell-gov-lingle-to-put-the-breaks-on-a-potentially (accessed 1 Jan 2012).

123 Schumsky M. Raising the cigarette tax is bad policy. 2006. http://www.freedomworks.org/publications/raising-the-cigarette-tax-is-bad-policy (accessed 11Jan 2012).

124 Americans for Prosperity Texas. Testimony by Peggy Venable before the Texas TaxReform Commission. 2006. http://web.archive.org/web/20110725213644/http://americansforprosperity.org/testimony-peggy-venable-texas-tax-reform-commission(accessed 25 Oct 2012).

125 FreedomWorks. Enough Is Enough-no new tobacco taxes in Arkansas. 2009.http://www.youtube.com/watch?v=631hQ45TdNc (accessed 25 May 2012).

126 No on 29. [Mailer from the No on 29 Coalition]. 2012.127 FreedomWorks. FreedomWorks defeats North Carolina smoking ban! http://www.

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128 Weeks B, Americans for Prosperity Kansas. Property rights should control Kansassmoking decisions. 2008. http://web.archive.org/web/20110628220118/http://www.americansforprosperity.org/print/11000 (accessed 24 Oct 2012).

129 Woolverton P. “Weakened Smoking Ban Bill clears hurdle in house” FayettevilleObserver. (Fayetteville, North Carolina). 2 Apr 2009.

130 Americans for Prosperity Texas. AFP Texas newsroom: press release: smoking banslimit freedom and prosperity; citizen group opposes intrusive government policies.2007. http://web.archive.org/web/20110208195825/http://www.americansforprosperity.org/press-release-smoking-bans-limit-freedom-and-prosperity-citizen-group-opposes-intrusive-government-p (accessed 24 Oct 2012).

131 Americans for Prosperity Texas. AFP Texas Newsroom: hearing on freedom issues.2008. http://web.archive.org/web/20110131191539/http://www.americansforprosperity.org/hearing-freedom-issues (accessed 24 Oct 2012).

132 Hanna J. Casino exemption complicates push for smoking ban. The AssociatedPress State & Local Wire (Topeka, Kansas). 17 Jan 2010.

133 [no author]. Daily Clip Report. Tuesday, 30 January 2001 (20010130). 2001. RJReynolds. http://legacy.library.ucsf.edu/tid/qws17a00 (accessed 2 Apr 2012).

134 Dellman F. U.S. Tobacco Weekly Tw01-05. 2001. Lorillard. http://legacy.library.ucsf.edu/tid/rbr33c00 (accessed 2 Apr 2012).

135 Center for Individual Freedom. About CFIF: W. Thomas Humber. 2012. http://cfif.org/v/index.php/about-cfif/about-cfif-staff/12-cfif-staff/8-w-thomas-humber(accessed 12 Apr 2012).

136 Center for Individual Freedom. Our Mission. http://cfif.org/v/index.php/about-cfif/mission (accessed 6 Apr 2012).

137 Fuquay J. Youth fires up forces against public smoking. 2000. http://lubbockonline.com/stories/120700/loc_120700024.shtml (accessed 12 Apr 2012).

138 Center for Individual Freedom. Jeffrey L. Mazzella. 2012. http://cfif.org/v/index.php/about-cfif/about-cfif-staff/12-cfif-staff/2-jeffrey-mazzella (accessed 29 May 2012).

139 Center for Individual Freedom. About Cfif: Renee L. Giachino. 2012. http://cfif.org/v/index.php/about-cfif/about-cfif-staff/12-cfif-staff/9-renee-giachino (accessed 2 Apr2012).

140 Humber T. [Letter from Tom Humber with the National Smokers’ Alliance to AliceOsburn-Mccann with General Motors]. 9 July 1997. Philip Morris. http://legacy.library.ucsf.edu/tid/aff38d00 (accessed 29 May 2012).

141 National Center for Public Policy Research. About us. 2008. http://www.nationalcenter.org/NCPPRHist.html (accessed 29 May 2012).

142 [no author]. Public Policy Grants. 1995. Philip Morris. http://legacy.library.ucsf.edu/tid/qqw87d00 (accessed 18 May 2012).

143 Ridenour A. [Letter from Amy Moritz Rideour with National Center for PublicPolicy Research to Frank Gomez with Philip Morris]. 26 June 1998. Philip Morris.http://legacy.library.ucsf.edu/tid/zoo67c00 (accessed 18 May 2012).

144 [no author]. 1998 Public Policy Contributions 17 Dec. 1998. Philip Morris. http://legacy.library.ucsf.edu/tid/fwo83c00 (accessed 18 May 2012).

145 Peterson E. Docket #95n-0253. 13 Nov. 1995. Philip Morris. http://legacy.library.ucsf.edu/tid/kul53a00 (accessed 18 May 2012).

146 Ridenour A. A federal tobacco lawsuit: bad economics, bad law and badgoverning. July 1999. RJ Reynolds. http://legacy.library.ucsf.edu/tid/hfn65a00(accessed 18 May 2012).

147 The National Center for Public Policy Research. ‘Occupy Occupy D.C. smoke-in’ setfor Thursday 2012. http://www.nationalcenter.org/PR-SmokeIn_021512.html(accessed 24 Feb 2012).

148 FreedomWorks. Diverse Tea: Deneen Borelli. http://blogs.freedomworks.org/DiverseTea/?p=15 (accessed 16 Feb 2012).

149 Center for Environmental and Regulatory Affairs, The National Center for PublicPolicy Research. Dana Joel Gattuso: Senior Fellow. http://www.nationalcenter.org/bios/gattuso.html (accessed 16 Feb 2012).

150 National Center for Public Policy Research. Press release: top corporate watchdogsform new free enterprise project at National Center for Public Policy Research.2008. http://www.nationalcenter.org/PR-Free_Enterprise_Project_100108.html(accessed 2 Apr 2012).

151 Milloy S. Annual Report. 7 January 1998. Philip Morris. http://legacy.library.ucsf.edu/tid/any77d00 (accessed 24 Apr 2012).

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152 Milloy S. About Steve Milloy. n.d. http://junkscience.com/about-steve-milloy/(accessed 24 Apr 2012).

153 Center for Consumer Freedom. The Guest Choice Network is now the Center forConsumer Freedom—at Consumerfreedom.Com. 2002. http://web.archive.org/web/20020124091734/http://guestchoice.com/index.html (accessed 24 Apr 2012).

154 Trach B. [Letter from Barbara Trach with Philip Morris to Richard Berman with theGuest Choice Network]. 21 December 1995. Philip Morris. http://legacy.library.ucsf.edu/tid/sup27d00 (accessed 24 Apr 2012).

155 Philip Morris USA. [Philip Morris Voucher to the Guest Choice Network]. 29 May.1996. Philip Morris. http://legacy.library.ucsf.edu/tid/jas94c00 (accessed 24 Apr 2012).

156 Culley E. [Letter from Elizabeth Cully with Philip Morris to Rick Berman with GuestChoice Network]. 8 November 1998. Philip Morris. http://legacy.library.ucsf.edu/tid/xsp27d00 (accessed 24 Apr 2012).

157 Philip Morris USA. Voucher. 16 Dec. 1996. Philip Morris. http://legacy.library.ucsf.edu/tid/fvp27d00 (accessed 24 Apr 2012).

158 Berman R. [Letter from Richard Berman with Berman and Company to BarbaraTrace of Philip Morris U.S.A]. 5 September 1995. Philip Morris. http://legacy.library.ucsf.edu/tid/ewk06c00 (accessed 24 Apr 2012).

159 CATO Institute. Annual Report 2010. 2010. http://www.cato.org/about/reports/annual_report_2010.pdf

160 American Enterprise Institute. [Contribution Receipt]. 5 August 1996. Philip Morris.http://legacy.library.ucsf.edu/tid/pto83c00 (accessed 18 May 2012).

161 [no author]. Public Policy Grants Proposed 2000 Budget. 2000/E. Philip Morris.http://legacy.library.ucsf.edu/tid/oqe79h00 (accessed 18 May 2012).

162 Griscom T. [Letter from Thomas Griscom with RJR Nabisco to Daniel Popeo withWashington Legal Foundation]. 29 September 1995. RJ Reynolds. http://legacy.library.ucsf.edu/tid/zxl61c00 (accessed 18 May 2012).

163 Landman A. ALEC and the Tobacco Industry. 2011. http://www.prwatch.org/news/2011/07/10787/alec-and-tobacco-industry (accessed 15 Jul 2012).

164 Graves L. A CDM Special Report on Alec’s Funding and Spending. 2011. http://www.prwatch.org/news/2011/07/10887/cmd-special-report-alecs-funding-and-spending (accessed 27 Sep 2012).

165 Doward J. U.S Free market group tries to half sales of cigrettes in plain packets inUK. 2012. http://www.guardian.co.uk/society/2012/jul/15/cigarettes-plain-packets-alec-koch-brothers (accessed 27 Sep 2012).

166 Nagourney A. A $1 cigarette tax starts a $47 million brawl in California. 2012.http://www.nytimes.com/2012/06/04/us/in-california-a-battle-over-a-plan-for-1-a-pack-cigarette-tax.html?_r=0 (accessed 28 Sep 2012).

167 North J. Proposition 29 could raise $735m; opponents question fund use. 2012. http://abclocal.go.com/kabc/story?section=news/state&id=8658901 (accessed 16 May 2012).

168 Center for American Progress Action Fund. The Koch Brothers: what you need toknow about the financiers of the radical right 2011. http://www.americanprogressaction.org/issues/2011/04/pdf/koch_brothers.pdf

169 Koch Industries Inc. Americans for Prosperity. 2011. http://www.kochfacts.com/kf/americans-for-prosperity/ (accessed 16 May 2012).

170 Koch Industries Inc. About. 2000–2012. http://www.kochind.com/About_Koch/default.aspx (accessed 22 Aug 2012).

171 Citizens for a Sound Economy. Environmental reform: CSE and the environment.1999. http://web.archive.org/web/19991012224707/http://cse.org/cse/environment.html (accessed 22 Aug 2012).

172 Americans for Prosperity. Welcome to the Hot Air Tour. 2009. http://web.archive.org/web/20090314094647/http://www.hotairtour.org/ (accessed 22 Aug 2012).

173 Jacobson M. Lifting the veil of secrecy from industry funding of nonprofit healthorganizations. Int J Occup Environ Health 2005;11:349–55.

174 Center for Consumer Freedom. Institute of Medicine’s new obesity-preventionstrategies miss the mark. 2012. (accessed 26 Sep 2012).

175 Center for Consumer Freedom. [Ad criticizing Mayor Bloomberg’s ban on largesugary drinks]. The New York Times, A5; 2012.

176 The Campaign Legal Center. [Organization type and disclosure rules under theInternal Revenue Code]. nd. http://www.campaignlegalcenter.org/attachments/CLC_501c_disclosure_chart.pdf (accessed 26 Sep 2012).

177 Mellman Group. Nationwide Survey of 1,000 Registered Likely Voters ConductedJuly 5–10, 2011 by the Mellman Group, Inc. For the Campaign for Tobacco-FreeKids. 2011.

178 Lavoie RL. Patriotism and Taxation: The Tax Compliance Implications of the TeaParty Movement. Loy LAL Rev 2011;45.1:39–86.

179 Karpowitz CF, Monson JQ, Patterson KD, et al. Symposium: tea time in America?the impact of the Tea Party movement on the 2010 midterm elections. PS: Pol SciPolitics 2011:303–9.

180 Abramowitz AI. Grand old Tea Party: partisan polarization and the rise of the TeaParty movement. In: Rosenthal L, Trost C, eds. Steep: the precipitous rise of theTea Party. Berkeley, CA: University of California Press, 2012:195–211.

181 Cherry JR. [Letter from James Cherry with Lorillard to Roger Ailes]. 8 September1988. Lorillard. http://legacy.library.ucsf.edu/tid/jpi44a00 (accessed 25 May 2012).

182 Nicoli D, Reese RS. FET Ad Targeting. 2 August 1993. Philip Morris. http://legacy.library.ucsf.edu/tid/tqq88h00 (accessed 25 May 2012).

183 Fuller C. Project. Speeches. Inventory of speeches. 24 March 1993. RJ Reynolds.http://legacy.library.ucsf.edu/tid/dyh23d00 (accessed 25 Mar 2012).

184 Ehlrich S. Enough Is Enough campaign udpate. 21 September 1993. Philip Morris.http://legacy.library.ucsf.edu/tid/xbf77e00 (accessed 29 May 2012).

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1

“TO QUARTERBACK BEHIND THE SCENES, THIRD PARTY EFFORTS” THE TOBACCO INDUSTRY’S ROLE IN SHAPING THE TEA PARTY

Supplemental File

Amanda Fallin, PhD, RN Rachel Grana, PhD, MPH

Stanton Glantz, PhD

Table S1. Key Organizations Involved with the Tobacco Industry and the Tea Party Name Notes Americans for Prosperity National Tea Party organizing group, created from Citizens for a Sound Economy. Burson-Marstellar A communication and public relations firm 1 that worked with Philip Morris to

implement the National Smokers’ Alliance 2, 3 to oppose the Environmental Protection Agency’s designation of secondhand smoke as a carcinogen 4, 5 and FDA regulation of tobacco 6, 7.

Center for Consumer Freedom

An organization that originated from the Guest Choice Network.8 The Guest Choice Network was created with start-up funds from Philip Morris to oppose smokefree hospitality policies.9

Center for Individual Freedom

An organization whose mission is: to “protect and defend individual freedoms and individual rights guaranteed by the U.S. Constitution." Tom Humber, past president of the National Smokers' Alliance, founded the organization. Other NSA employees have leadership positions at CFIF.10-12

Citizens for a Sound Economy

CSE was a think tank founded by David Koch and Richard Fink which received funding from corporations including tobacco, oil, and pharmaceuticals.13 Between 2003 and 2004, CSE (a 501(c)4) and CSE Foundation (a 501(c)3) reorganized and became Americans for Prosperity and FreedomWorks.

DCI Group A public relations firm that “helps corporations navigate their most challenging political, legislative and regulatory problems anywhere in the world” 14. DCI Group consulted with AFP.

FLS Connect A company that provides a variety services, including: “Fundraising, Voter & Constituent Contact or… Data & Communication Management” 15. The predecessor organization of FLS Connect was FLS-DCI. 16 FLS Connect consulted with FreedomWorks.

FreedomWorks A non-profit organization dedicated to “lower taxes, less government, more freedom” 17 created when Citizens for a Sound Economy merged with Empower America in 2004 18.

MediaSpeak Strategies A public relations firm that offers communication strategy (“We’re typically brought in to resolve a crisis in a short period of time”) and media/spokesperson appearances 19 that contracted with AFP in 2009 20.

National Smokers’ Alliance An organization Burson-Marsteller created for Philip Morris designed to appear as a grassroots movement of smokers that would advocate for the industry’s policy agenda. 21, 22

National Center for Public Policy Research

A Tea Party related communication and research foundation, advocating for “a strong national defense and dedicated to providing free market solutions to today's public policy problems” 23.

Ramhurst A public relations firm hired by RJR to coordinate their smokers’ rights groups. Two former RJR smokers’ rights group coordinators contributed to the creation of Ramhurst, which was established with the support of RJR 24, 25. Ramhurst also assisted opposing FDA regulation 25 and healthcare reform 26.

RJR Smokers' Rights Groups

Groups created by and coordinated by RJR and associated PR firms designed to appear as a grassroots movement of smokers that would advocate for the industry’s policy agenda.27

The Advancement of Sound A group created for Philip Morris in 1993 by the public relations firm APCO

2

Science Coalition (TASSC) Associates, as part of the continuing effort to undermine the EPA’s secondhand smoke risk assessment. This group was disbanded, but it's director, Steve Milloy, maintained its website (junkscience.com) as of 2012.28, 29

Walt Klein & Associates Advertising and public relations firm that worked with RJR and their smokers’ rights groups 24, 30.

3

Table S2. Key Individuals and Affiliations

Name Positions

CSE

AFP

Free

dom

Wor

ks

Oth

er T

ea P

arty

Tob

acco

Com

pany

PR.

Lob

byin

g or

po

litic

al C

ampa

ign

Gov

n't S

ervi

ce

Dick Armey FreedomWorks Chairman (2003-current as of 2012) 31; lobbyist for DLA Piper (2003-2009) 32; AFP consultant (2003) 33; CSE Co-Chairman/Chairman (2003-2004) 34, 35; House Majority Leader (1995-2002); major contributor to Contract for America (1994) 31; U.S House of Representatives (1985-2002) 32

X X X X X

Deneen Moore Borelli

FreedomWorks fellow (current as of 2012) 36; National Center for Public Policy Research (approximately 2006-current as of 2012) 37;20 years employment at Philip Morris USA 36

X X X

Thomas Borelli

National Center for Public Policy Research (approximately 2006-current as of 2012) 23; 25 years at Philip Morris/Altria,38 last position: Director, Legislative Policy & Issues, Philip Morris Management Corp (2001-approximately 2003) 39

X X

Dana Joel Gattuso

National Center for Public Policy Research, Senior Fellow (current as of 2012); adjunct scholar, Competitive Enterprise Institute; Washington liaison, Property and Environment Research Center, Center for Free Market Environmentalism; director of projects and issue management for environmental and regulatory affairs, U.S Chamber of Commerce; director of research, Pacific Research Institute; deputy director of regulatory affairs, CSE 40

X X

Doug Goodyear

CEO and Founding Partner, DCI Group (1996-current as of 2012) 41; Ramhurst Vice President and Treasurer (approximately mid-1990’s) 24; RJR Smokers Rights group (approximately early 1990’s) 24; Vice President of Walt Klein & Associates, North Carolina; manager of Pete Dawkins’ Senate campaign (1987-1988); Colorado Republican Party political Director (1985-1987) 42

X X

Tim Hyde Founding Partner of DCI Group (current as of 2012); RJR Senior Director of Public Issues (1988-1997) 43 National Field Director of the RJR smokers’ rights groups (approximately 1989) 44; Coalitions Director, Dole/Kemp presidential campaign (1996); National Political Director, Pete DuPont presidential campaign (1987-1988); Deputy Director, National Republican Senatorial Committee (1983-1987); Executive Director, Iowa Republican Party (1979-1983) 43

X X

W. Thomas Humber

Founder, Center for Individual Freedom (1998) 12; President and CEO National Smokers Alliance (1993-1997) Senior Vice President of Burson-Marsteller (1991-1993); Philip Morris (1990);45 Director, Government Affairs, Brown & Williamson, (1980-1988) 46

X X X

4

Table S2. Key Individuals and Affiliations

Name Positions

CSE

AFP

Free

dom

Wor

ks

Oth

er T

ea P

arty

Tob

acco

Com

pany

PR.

Lob

byin

g or

po

litic

al C

ampa

ign

Gov

n't S

ervi

ce

Matt Kibbe President and CEO of FreedomWorks (2004-current as of 2012) 47; Austrian Economic Center, Vienna, Austria-Distinguished Senior Fellow (current as of 2012) 47; Executive Vice President, CSE (1996-2004) 48; Policy Analyst, CSE (1986-1988) 49 Chief of Staff and House Budget Committee Associate, Representative Dan Miller (R-FL); Director of Federal Budget Policy, U.S Chamber of Commerce; Senior Economist, Republican National Committee (Chairman Lee Atwater); Market Process Managing Editor 47

X X X X

Beverly McKittrick

PMI Global Services (2009) 50; Director Federal Government Affairs, Altria Corp Services, Inc. (2003-2008); Director Federal Government Affairs - Tobacco, Altria Corp Services, Inc. (2003); Director Federal Government Affairs - Tobacco, Philip Morris Management Corp (2001-2003); Director, Federal Policy, Tobacco, Philip Morris Management Corp (1999-2001); Legislative Counsel, Washington Relations, Philip Morris Management Corp (1995-1999) 51; specialized in legal reform and telecommunications for CSE52Federal Communications Commission for three years; seven years with Senator Paul Laxalt (R-NV) (four years as Senate Judiciary Committee Counsel and three years in private practice); Haley Barbour’s (R-MS) Senate campaign; intern, Rep Trent Lott (R-MS) 52

X X X X

Steve Milloy Maintains junkscience.com (current as of 2012) 29; Co-director of NCPPR's Free Enterprise Project (2008); 53 Director of The Advancement of Sound Science Coalition (note: funded by Philip Morris)54

X

Michele Isele Mitola

Vice President, Public Affairs, Forum Strategies and Communications (current as 2012) 55; Senior Manager Public Affairs, Philip Morris USA Inc. (2002-2003); Manager, Corporate Affairs Issues Management, Philip Morris USA Inc. (2001-2002); 56 CSE (198857-2001 58); U.S Department of Labor and the Merit Systems Protection Board 55

X X X X

Slade O’Brien

Florida State Director of AFP (2011 59-current as of 2012); 60 Florida Strategies Group, President 60 Florida Director of CSE (approximately 1998 60-2002);61 Florida Republican Party, Special Assistant to the Chairman for Victory (1994) 60

X X X

Nancy Pfotenhauer

MediaSpeak Strategies (current as of 2012) 62; CATO Board of Directors (201063-current as of 2012) 62 Board of Visitors at George Mason University (2010-current as 2012) 62; Economic Policy Advisor, McCain campaign (2008 campaign)64; AFP President 33 Vice Chairman of Board of Directors and President, CEO, Independent Women’s Forum (2000-2007) 62; Executive Vice President, CSE 65; Chief Economist for President George H. W. Bush’s Council on Competitiveness (appointed 1990); Republican National Committee chief economist (1988) and senior economist (1987) 65

X X X X

Tom Synhorst

Chairman and founding partner, DCI Group (1996-current as of 2012) 66; Elizabeth Dole’s senate campaign (R, NC) (2002); Advisor to Bush/Cheney (2000); political floor operations at Republican conventions (1996 & 2000);

X X

5

Table S2. Key Individuals and Affiliations

Name Positions

CSE

AFP

Free

dom

Wor

ks

Oth

er T

ea P

arty

Tob

acco

Com

pany

PR.

Lob

byin

g or

po

litic

al C

ampa

ign

Gov

n't S

ervi

ce

Ramhurst (approximately mid-1990’s) 24; RJR field coordinator (approximately early 1990’s) 67; Bob Dole’s presidential campaign (1988); senior advisor for Senator Bob Dole (R-KS) (1986-1996); Charles Grassley’s (R-IA) senate campaign (1980-1986) 42. Note: Tom Synhorst co-founded FLS-DCI 68, the predecessor to FLS-Connect 16

Peggy Venable

State Director, AFP-Texas (current as of 2012) 69; Director, CSE-Texas 70; White House Liaison for Cabinet Secretaries, including Department of Education and Department of the Interior; Director of the Republican National Convention (1984) 69

X X X

6

Table S3. Citizens for a Sound Economy Funding from Tobacco Companies Year Amount Notes 1991 $191,000 71 - An Associated Press article noted that CSE received $191,000 to oppose

regulatory powers of FDA. 1992 $130,000 72 A document titled, “1993 Corporate Contributions Report for PM USA/NYO”

stated that CSEF received $130,000 in 1992. 1993 $300,000 73 -Document notes CSE was the Civic and Community organization recipient of

“the largest charitable contribution grant”. -The $300,000 is listed as “renewal of general support”.

1994 $300,000 74 -Document (dated 3/2/95) notes CSEF was one of the Civic and Community organization recipients of the “largest charitable contribution grant” to “strengthen and expand various state projects”.

1995 $985,000 75 - On January 24, 1995, Paul Beckner wrote to Steve Parrish to request $150,000 and described CSE’s plans for the year including work on reforming the FDA: “CSE believes the FDA typifies the costs and dangers of overregulation, an issue for which the nation’s voters clearly have expressed their concern” 76. A Philip Morris voucher for $150,000, prepared on January 31, 1995 for CSE was found in the documents 77. - On May 9, 1995, correspondence between Philip Morris employees, David Nicoli, Marc Firestone and Steve Parrish stated, “CSE has completed the first phase of their FDA reform project. The attached is a proposal they are circulating to interested parties for their second phase. We should discuss this at your earliest convenience”78. The proposal was entitled: “The Food and Drug Administration: A Case Study in Excessive Regulatory Burdens” and requested $723,000 for CSE and $192,000 for CSEF 79. -1995 Public Policy Grant Spreadsheet (dated 2/8/1996) lists $985,000 as total 1995 expenditures. Notes say: “$135K is PM share of ind. cont pd through C&B [Covington & Burling law firm] (T.F.budg”75.

1996 $500,000 80 A letter from Steve Parrish (dated 3/25/1996) referenced an enclosed check for renewed support, with $200,000 for CSE and $300,000 for CSEF.

1996 $40,000 81 -Grant to New Jersey CSE -Appears to have been coordinated by Tobacco Institute 82, including RJR83, Brown & Williamson 84 and Philip Morris 85 with each contributing $10,000 for their “share of New Jersey Citizens for a Sound Economy.”The Smokeless Tobacco Council contributed $5000 86.

1997 $100,000 87 A document titled, “Public Policy Recommendations for 1997 with Paid Status” states that CSE received $100,000 with “payment via WRO admin budget”.

1998 $500 88 -Louisiana Citizens for a Sound Economy -An attached letter to Joe Murray with RJR from Louisiana CSE Director, Beverly Smiley, (dated April 8, 1998) indicates money was for CSE’s “no new tax” effort. -An RJR lobbying disclosure statement listed $500 in “grassroots/lobbying expenditures” to LA Citizens for a Sound Economy, 4/29/98. Legislation was described as: “Potential smoking restriction and excise tax increases”89.

1998 $910,000 90 A document titled, Public Policy Review Committee Meeting Monday, March 22, 1999, under the subheading: Public Policy Grants Pending March 23, 1999 Approval, stated the 1998 support for CSE was $910,000 90.

1999 $1,375,000 91 A document titled “Public Policy Grants Proposed 2000 Budget” states the amount given in 1999 was: $1,090,000 to CSE and $285,000 to CSEF.

2000 $375,000 92 Document titled Public Policy Grants Proposed 2001 Budget lists the amount paid in 2000 to CSE as $175,000. Two documents list that $100,000 was pre-paid in 1999 for 2000 91, 92. A letter from Ronald S. Milstein (dated 2/4/2000) to Paul Beckner describes an enclosed check for $100,000 from Lorillard 93.

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2001 $35,000 94, 95 An email from Joshua Slavitt, Director External Affairs for PMMC, to Ellen Merlo (among others), sent November 19, 2001 at 2:02PM, with the subject: PPRC Approvals. He requested $35,000 “for 2001contingency requests”. He states, “with your approval of these requests, the PPAC will close out its 2001 budget. I would appreciate your email reply indicating that you agree/disagree with these requests. An email response from Merlo, November 19, 2001, 3:49PM, Re: PPRC Approvals, stated “okay” 95.

2002 $50,000 94, 95 An email from Joshua Slavitt, Director External Affairs for PMMC, to Ellen Merlo (among others), sent November 19, 2001 at 2:02PM, with the subject: PPRC Approvals, requests $50,000, listed under “advancement of 2002 grants” for “general 2002 support.” He states, “with your approval of these requests, the PPAC will close out its 2001 budget. I would appreciate your email reply indicating that you agree/disagree with these requests” 94. An email response from Merlo, November 19, 2001, 3:49PM, Re: PPRC Approvals, stated “okay” 95.

*This information is based on documents identified in LTDL; it may not reflect all financial relationships.

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Table S4. Examples of Citizens for a Sound Economy, Americans for Prosperity and FreedomWorks’ pro-tobacco industry policy agenda advocacy

Issue Examples of Advocacy Activities Opposing the Environmental Protection Agency Report on Secondhand Smoke

1992 CSE and other industry allies held a conference highlighting Vice President Dan Quayle 4, 5. He was chair of the Competitiveness Council, which had previously expressed interest in the effort to change the risk assessment requirements 96. Burson-Marsteller “was involved in both concept and execution of a strategy that made sure that media coverage of the discrete message regarding over-regulation superseded the political noise surrounding the VP’s appearance” 4.

Opposing Healthcare Reform

1993-1994 CSE claims to have distributed 32,753 copies of Action Alert (10 issues), had 53 radio and talk show appearances, and hosted rallies and town hall meetings 97. CSE was a member of a tobacco industry coalition opposing healthcare reform and they coordinated protests at town hall meetings 26.

Opposing Smoke-free Laws

1994-1995 CSE was a member of Get Government Off Our Back (GGOOB) 98, which opposed smoke-free laws (among other anti-regulation advocacy) 2006 AFP: Washington, D.C. 99 2007 AFP: North Carolina 100, 101; Texas 102; Wisconsin103 FreedomWorks: North Carolina 104-107 A 2007 letter from Kathy Hartkopf, FreedomWorks North Carolina’s Legislative Liaison posted on FreedomWorks’ blog, stated that the proposed smokefree law “deeply concerned our activists who spent many hours working in opposition to the ban. From literature drops and legislative visits to telephoning and e-mailing legislators, thank you for making your voices heard!” 106 2008 AFP: Kansas 108;Texas 109, 110 FreedomWorks: Virginia 111; North Carolina 112; 2009 AFP: North Carolina 113, 114, Ben Marchi, Virginia AFP Director, was quoted in the Washington Times opposing a smokefree Virginia law: “The issues of concern to conservatives are whether our elected officials are going to stand up to this big-government juggernaut that’s coming at our state and our country right now” 115. 2010 AFP: Kansas 116

Opposing FDA Regulation

1992-1995 CSE was one of eight conservative think tanks working for major FDA reform. (The other seven think tanks received at least $3.5 million in industry funding, including from tobacco, medical device, pharmaceutical, and biotechnology industries. Very little funding information was available for CSE.) These groups took advantage of the opportunity provided by the 1994 midterm elections, which led to a Republican majority in Congress, to aggressively push for a broad reform to limit the FDA’s authority 117. March 1995 CSE ran full ads in Congressional Monitor and Washington Times criticizing the FDA 118. Jeffrey Pierce, CSE Regulatory Analyst published commentary in a CSE publication entitled, “FDA Review Times: The Other Half of the Story” 119 CSE published an Action Alert Newsletter about the FDA, entitled “More Money is Not the Answer” 120. April 1995 CSE reports that they “provided a rapid response to David Kessler's proposed agency reforms. The Senate Committee on Labor and Human Resources used this analysis

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during their tough questioning of the Commissioner” 121. May 1995 CSE opposed funding for a modernized FDA building, a priority of Commissioner Kessler. CSE Chairman Gray testified against the building before House Appropriations Committee 7. 1995 CSE attempted “to reallocate resources from other parts of the agency to the product approval process. CSE worked closely with [its] former distinguished fellow, Rep. David Mclntosh (R-IN), on the successful passage of an amendment to the House Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill that froze funding for the FDA's Office of the Commissioner [Kessler] at FY 1995 levels” 122.

Opposing RICO lawsuit February 1999 CSE President Beckner wrote Senate Majority Leader Trent Lott (R, MS) and House Speaker Dennis Hastert (R, IL): “On behalf of our 250,000 grassroots members, I urge you to oppose the federal government’s proposed lawsuit as well as any legislation to facilitate this unprecedented action.” 123. April 1999 CSE radio campaign against lawsuit abuse in four markets in Texas 124. May 1999 Alabama CSE Director Toby Roth wrote and distributed an opinion piece, “Please Don’t Feed the Trial Lawyers, Stop the Clinton-Gore Taxation Through Litigation Scheme” to Alabama media outlets 125. June 1999 Cathy Epley, with CSE Portland office, distributed an action alert to CSE members asking them to express their opposition to the federal lawsuit to Senator Gordon Smith (R, OR) 125. Mell Konier (Alabama CSE) and other CSE members called Senator Jeff Sessions (R, AL) to encourage him to oppose reinserting the $20 million appropriation for the lawsuit (which had been removed by the Appropriations Committee) 125. William Armistead published commentary in a CSE publication entitled, “Federal Mass Tort Litigation: An Insidious Abuse of Power” 126. July 1999 Florida CSE Grassroots Manager Joyce Malone wrote Senator Connie Mack (R, FL) thanking him for meeting with her and urging that he vote to “against any effort to fund or facilitate the Justice Department’s dangerous and unprecedented lawsuit” 127. September 1999 CSE’s Michele Isele Mitola quoted in the Washington Times: “We see this as a political ploy to find ways to raise more revenue to fund their [the government’s] tax-and-spend agenda.” 128 2000 CSE organized a rally against “frivolous lawsuits” at the Iowa statehouse 129. The Coalition for Legal Reform (which included CSE) wrote Majority Leader Trent Lott opposing a $23 million appropriation to fund the RICO lawsuit 130. 2002 CSE Economic Policy Analyst Jason Thomas wrote a commentary entitled, “Time for a Priority Check at the Department of Justice” 131. CSE website included a call to action encouraging members to contact President George Bush to oppose the RICO lawsuit 132.

Opposing Tobacco Taxes

CSE opposed tobacco taxes in: 1995 CSE: New Jersey 133-135 1997 (est.) CSE: Louisiana 136 1998 CSE: California 137, 138

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2002 CSE: Maryland 139 2003 CSE: Oregon 140 2006 AFP: Illinois 141, Missouri142, South Dakota 143, 144, Texas 145, 146 FreedomWorks: California 147-149, Hawaii150, 151 2007 AFP: Wisconsin 103, Illinois 152, 153 Joe Calomino (AFP Illinois State Director), stated, “Over the past month and a half Americans for Prosperity-Illinois and our 4,000-plus grassroots members have been writing letters to the editor, and making phone calls to our lawmakers to stop this sneaky tobacco tax grab ”153. FreedomWorks: Maine154; Oregon 155, South Carolina 156 2008 AFP: Illinois 157 FreedomWorks: Florida 158, Letter from Matt Kibbe of FreedomWorks to Florida members stated: “With your help, we were able to flood the state capitol with letters and phone calls in opposition to the tobacco tax being proposed to increase the government’s coffers” 158. Utah 159 2009 FreedomWorks: Arkansas 160 Dick Armey of FreedomWorks spoke at an Arkansas rally opposing a tobacco tax increase 160. In 2009, FreedomWorks fought a proposed tobacco tax increase in Arkansas with an "Enough is Enough!" advertisement 161 recalling the tobacco industry campaign from the late 1980s and 1990s. Hawaii 162 FreedomWorks Chairman Dick Armey of FreedomWorks wrote to Governor Lingle of Hawaii: “Raising taxes on cigarettes hurts small businesses like convenience stores who receive over 34% of their in-store sales from purchases of these products. And the expected revenue will most likely never be realized as smokers go to the black market and internet to avoid skyrocketing taxes” 162. Mississippi163 2012 AFP: California 164, 165 In 2012, as part of the No on 29 coalition (which received funding from Philip Morris USA and RJR), AFP sent a mailer opposing a California tax increase with “Enough is Enough!” language 166. FreedomWorks: California164

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105. Steinhauser B. Help us defeat the North Carolina smoking ban! 2007; http://www.freedomworks.org/2007/03/29/help-us-defeat-the-smoking-ban. Accessed January 11, 2012.

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124. Contact: Peggy Venable. CSE News. Activists tell legislators lawsuit abuse must end. Texas CSE launches radio ad campaign in four media markets.Philip Morris1999.

125. Field Action Team. Field action team quality contacts report 106th Congress Volume IIIPhilip Morris1999:2072104990-2072105640.

126. Armistead W. Capitol Comment: Federal mass tort litigation: An insidious abuse of power: Citizens for a Sound Economy; 1999.

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128. Lambro D. GOP derides Justice's tobacco lawsuit as 'political ploy'. The Washington Times. September 23, 1999, 1999;A: 13.

129. Thomas K. Legislators call for reforms aimed at frivolous lawsuits skyrocketing damagers. Associated Press. 20 Jan 2000, 2000.

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133. American Political Network Inc. New Jersey: Lawmakers battle over charity care. Health Line1995;State Lines: 2046573176/2046573177.

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135. Ruess M. Democrats balk at bill raising taxes to fund charity care. The Record. 15 Dec1995, 1995: A05. 136. [no author]. Transcript: Opposition to raising state sales taxPhilip Morris1997/E:2085578136. 137. Ross D. Citizens for a Sound Economy vote NO on proposition 10Philip Morris1998/E:2065453658. 138. Schwan J. CSE Commentary: A Hollywood gala to benefit bureaucratsPhilip

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142. Nugent C, Americans for Prosperity Missouri. Citizen group applauds amicus brief filed by legislative leadership, says tobacco tax hike is billion dollar unfunded mandage. 2006; http://web.archive.org/web/20110728205044/http://americansforprosperity.org/citizen-group-applauds-amicus-brief-filed-legislative-leadership-says-tobacco-tax-hike-billion-dolla. Accessed October 25, 2011.

143. Americans for Prosperity South Dakota. AFP announces campaign to defeat tobacco tax increase in South Dakota. 2006; http://web.archive.org/web/20110728030143/http://americansforprosperity.org/afp-announces-campaign-defeat-tobacco-tax-increase-south-dakota. Accessed October 25, 2011.

144. Americans for Prosperity South Dakota. Tobacco tax increase defeated during an informal poll on KSOO AM 1140 in Sioux Falls. 2006; http://www.americansforprosperity.org/tobacco-tax-increase-defeated-during-informal-poll-ksoo-am-1140-sioux-falls. Accessed October 26, 2006.

145. Americans for Prosperity Texas. Testimony by Peggy Venable before the Texas Tax Reform Commission. 2006; http://web.archive.org/web/20110725213644/http://americansforprosperity.org/testimony-peggy-venable-texas-tax-reform-commission. Accessed October 25, 2011.

146. Americans for Prosperity Texas. Where does the sin committee meet at the capitol? 2006; http://web.archive.org/web/20110724123612/http://www.americansforprosperity.org/where-does-sin-committee-meet-capitol. Accessed October 25, 2011.

147. Schumsky M. Prop. 86 A tax-the-poor scheme California focus: Hospital industry singles out smokers to enrich itself. 2006; http://www.freedomworks.org/news/prop-86-a-tax-the-poor-scheme-california-focus. Accessed January 11, 2012.

148. Schumsky M. Raising the cigarette tax is bad policy. 2006; http://www.freedomworks.org/publications/raising-the-cigarette-tax-is-bad-policy. Accessed January 11, 2012.

149. Chris. California voters to decide on huge cigarette tax hike. http://www.freedomworks.org/2006/09/12/california-voters-to-decide-on-huge-cigarrette-tax-hike. Accessed January 11, 2012.

150. Steinhauser B. Tell Gov. Lingle to put the breaks on a potentially devastating new tax hike! 2006; http://www.freedomworks.org/press-releases/tell-gov-lingle-to-put-the-breaks-on-a-potentially. Accessed January 1, 2012.

151. Steinhauser B. Help stop Hawaii's tax-and-spend agenda! http://www.freedomworks.org/press-releases/help-stop-hawaii%E2%80%99s-tax-and-spend-agenda. Accessed January 11, 2012.

152. Americans for Prosperity Illinois. State leaders want it both ways on tobacco tax, smoking ban Illinois chapter of Americans for Prosperity says. 2007; http://web.archive.org/web/20110625121912/http://www.americansforprosperity.org/state-leaders-want-it-both-ways-tobacco-tax-smoking-ban-illinois-chapter-americans-prosperity-says. Accessed October 24, 2011.

153. Americans for Prosperity. Taxpayers prevail and defeat sneaky tobacco tax grab. 2007; http://web.archive.org/web/20110709153242/http://www.americansforprosperity.org/print/8566. Accessed October 25, 2011.

154. Brandon A. Tell Maine lawmakers to hold the line: No new taxes! 2007; http://www.freedomworks.org/press-releases/tell-maine-lawmakers-to-hold-the-line-no-new-taxes. Accessed January 11, 2012.

155. Hall B. "Heat on Smokers". Corvallis Gazette-Times. http://www.freedomworks.org/news/heat-on-smokers. Accessed January 11, 2012.

156. Brandon A. Support a tax-free budget for South Carolina. 2007; http://www.freedomworks.org/press-releases/support-a-tax-free-budget-for-south-carolina. Accessed January 11, 2012.

157. Contact: Joe Calomino, Americans for Prosperity Illinois. Americans for Prosperity: Cigarette tax increase would cost jobs, feed state's out-of-control spending habits. 2008; http://web.archive.org/web/20110625043207/http://www.americansforprosperity.org/americans-prosperity-cigarette-tax-increase-would-cost-jobs-feed-states-out-control-spending-habi. Accessed October 24, 2011.

158. Brandon A. Take the anti-tax message directly to Florida lawmakers. http://www.freedomworks.org/press-releases/take-the-anti-tax-message-directly-to-florida-lawm. Accessed January 11, 2012.

159. FreedomWorks. Higher taxes coming to Utah. 2008; http://www.freedomworks.org/publications/higher-taxes-coming-to-utah. Accessed March 7, 2012.

160. Lyon J. Armey, others speak against tobacco hike. 2009; http://arkansasnews.com/2009/02/03/armey-speaks-against-tobacco-tax-hike/. Accessed January 13, 2012.

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161. FreedomWorks. Enough is Enough-No new tobacco taxes in Arkansas. 2009; http://www.youtube.com/watch?v=631hQ45TdNc. Accessed 25 May, 2012.

162. Armey D. FreedomWorks Chairman Dick Armey writes to Governor Lingle. 2009; http://www.freedomworks.org/publications/freedomworks-chairman-dick-armey-writes-to-governo. Accessed January 11 2012.

163. Steinhauser B. Tell the governor: No new taxes! 2009; http://www.freedomworks.org/press-releases/tell-the-governor-no-new-taxes.

164. No on 29. About us. nd; http://www.noon29.com/about-us. Accessed 16 May, 2012. 165. North J. Proposition 29 could raise $735M; opponents question fund use. 2012;

http://abclocal.go.com/kabc/story?section=news/state&id=8658901. Accessed 16 May, 2012. 166. No on 29. [mailer from the No on 29 coalition]2012.