Tobacco in the Tobacco in the MoviesMovies

Product placement generallyProduct placement generally

1.1. It can boost sales dramaticallyIt can boost sales dramatically

2.2. It costs less than traditional It costs less than traditional advertisingadvertising

3.3. Its impact continues as long as the Its impact continues as long as the movie is seenmovie is seen

4.4. It can defray the enormous cost of It can defray the enormous cost of producing a movieproducing a movie

Concerns about tobacco product Concerns about tobacco product placementplacement

1. Health effects and addictive nature 1. Health effects and addictive nature of smokingof smoking

2. Youth smoking is increasing *2. Youth smoking is increasing *

3. Smoking in movies is widespread 3. Smoking in movies is widespread and increasingand increasing

1997: 80% of male leads smoked 1997: 80% of male leads smoked May 2002-May 2003: 73% of top 10 May 2002-May 2003: 73% of top 10

films contained tobaccofilms contained tobacco

4. >half of total exposure to smoking 4. >half of total exposure to smoking in movies is in youth-rated filmsin movies is in youth-rated films

• G, PG, and PG-13G, PG, and PG-13 May, 2002-2003 study found 82% of May, 2002-2003 study found 82% of

top grossing PG-13 films contained top grossing PG-13 films contained tobaccotobacco

• Compared to 76% of R rated filmsCompared to 76% of R rated films

5. Smoking in television ads for 5. Smoking in television ads for movies is widespreadmovies is widespread

December 2001-August 2002:December 2001-August 2002:• 10 movies in theatres had brand 10 movies in theatres had brand

presence in movie and smoking in trailer presence in movie and smoking in trailer Television advertisements for these Television advertisements for these

10 movies10 movies • reached 93% of all 12 to 17 year-olds in reached 93% of all 12 to 17 year-olds in

the U.S.the U.S.• 137 million impressions137 million impressions• 81% of all 12-17 year-olds saw at least 81% of all 12-17 year-olds saw at least

one trailer three or more timesone trailer three or more times

6. Evidence of strong 6. Evidence of strong link between link between portrayal of portrayal of smoking in movies smoking in movies and teen smokingand teen smoking

History of tobacco placementHistory of tobacco placement 1987--License to Kill—Lark cigarettes1987--License to Kill—Lark cigarettes

• $350,000 for Bond character to smoke Lark $350,000 for Bond character to smoke Lark and use exploding Lark packageand use exploding Lark package

1984—Beverly Hills Cop—American 1984—Beverly Hills Cop—American Tobacco CompanyTobacco Company• Supplied $25,000 in Lucky Strikes and Pall Supplied $25,000 in Lucky Strikes and Pall

Malls for scene where Eddie Murphy poses as Malls for scene where Eddie Murphy poses as cigarette smugglercigarette smuggler

1983—Stallone movies—Brown & 1983—Stallone movies—Brown & WilliamsonWilliamson• Paid $500,000 to incorporate the company’s Paid $500,000 to incorporate the company’s

products into five Stallone films, including products into five Stallone films, including Rhinestone Cowboy, Rambo, Rocky IVRhinestone Cowboy, Rambo, Rocky IV

The voluntary banThe voluntary ban

Legislation introduced prohibiting Legislation introduced prohibiting placement of tobacco products in moviesplacement of tobacco products in movies

Congress asked FTC to review tobacco Congress asked FTC to review tobacco product placement practicesproduct placement practices

FTC ordered leading tobacco companies to FTC ordered leading tobacco companies to file annual reports on sales and file annual reports on sales and advertising expendituresadvertising expenditures

Tobacco Institute announced Tobacco Institute announced voluntary voluntary banban by all major tobacco companies on by all major tobacco companies on paid paid product placement in moviesproduct placement in movies

The tobacco settlementThe tobacco settlement

1998 Master Settlement banned 1998 Master Settlement banned payments (direct or indirect) for payments (direct or indirect) for tobacco product placement in motion tobacco product placement in motion picturespictures

Loopholes in the bansLoopholes in the bans

1.1. Neither applies to Neither applies to unpaidunpaid placement placement

2.2. Neither applies to use of free samplesNeither applies to use of free samples

3.3. Neither applies to films made outside U.S.Neither applies to films made outside U.S.

4.4. Neither would prohibit third party (e.g., Neither would prohibit third party (e.g., the Tobacco Institute) from paying to the Tobacco Institute) from paying to show smoking that did not identify show smoking that did not identify specific brandsspecific brands

5.5. Neither seems to be working!Neither seems to be working!

1.1. Require complete Require complete disclosure of all disclosure of all tobacco product tobacco product placementsplacements

2.2. Legally ban all Legally ban all tobacco product tobacco product placementsplacements

Central Hudson four-part testCentral Hudson four-part test

1.1. Does the speech concern lawful Does the speech concern lawful activity and is it not misleading?activity and is it not misleading?

2.2. Is the asserted government interest Is the asserted government interest substantial?substantial?

3.3. Does the regulation directly Does the regulation directly advance the governmental interest?advance the governmental interest?

4.4. Is the regulation no more extensive Is the regulation no more extensive than necessary to serve that than necessary to serve that interest?interest?

Effect of viewing smoking in movies Effect of viewing smoking in movies on adolescent smoking initiationon adolescent smoking initiation

Written survey of students age 10-14 in Written survey of students age 10-14 in Vermont and New HampshireVermont and New Hampshire

Students were asked Students were asked • whether they had ever smoked cigaretteswhether they had ever smoked cigarettes• which films they had seenwhich films they had seen

from list of 50 movies randomly selected from sample from list of 50 movies randomly selected from sample of 601 popular contemporary movies of 601 popular contemporary movies

Movies coded based on number of Movies coded based on number of smoking occurrences for each moviesmoking occurrences for each movie

Survey identified 3547 adolescents Survey identified 3547 adolescents who had never tried smoking who had never tried smoking • 2603 (73%) were contacted during 2603 (73%) were contacted during

follow-up survey 13-26 months laterfollow-up survey 13-26 months later• asked whether they had become asked whether they had become

smokers in intervening periodsmokers in intervening period

Survey controlled for variables considered Survey controlled for variables considered relevantrelevant• Grade in schoolGrade in school• GenderGender• Friend smokingFriend smoking• Sibling smokingSibling smoking• Parent smokingParent smoking• Receptivity to tobacco promotionsReceptivity to tobacco promotions• School performanceSchool performance• Sensation-seeking propensitySensation-seeking propensity• RebelliousnessRebelliousness• Self-esteemSelf-esteem• Parents’ educationParents’ education• Authoritative parentingAuthoritative parenting• Perception of parental disapproval of smokingPerception of parental disapproval of smoking

On average, students had seen 16 of On average, students had seen 16 of 50 movies50 movies

Exposure to movie smokingExposure to movie smoking• increased with ageincreased with age• was higher in boys than girlswas higher in boys than girls

Girls saw mean of 14.6 movies with mean of Girls saw mean of 14.6 movies with mean of 85.1 smoking occurrences85.1 smoking occurrences

Boys saw mean of 17.1 movies with mean of Boys saw mean of 17.1 movies with mean of 113.5 smoking occurrences113.5 smoking occurrences

Direct correlation between Direct correlation between exposureexposure to to smoking and smoking smoking and smoking initiationinitiation• Adolescents who viewed Adolescents who viewed mostmost smoking in smoking in

movies were almost three times more likely to movies were almost three times more likely to initiate smoking than those with initiate smoking than those with leastleast exposureexposure

52.2% of smoking initiation was attributed 52.2% of smoking initiation was attributed to seeing smoking in moviesto seeing smoking in movies• Compared to 34% attributed to advertising and Compared to 34% attributed to advertising and

promotionpromotion

Adolescents with non-smoking Adolescents with non-smoking parentsparents• risk of smoking initiation increased risk of smoking initiation increased

substantially with greater exposure to substantially with greater exposure to movie smokingmovie smoking

Adolescents with smoking parentsAdolescents with smoking parents• had higher risk of smoking initiationhad higher risk of smoking initiation• were less influenced by exposure to were less influenced by exposure to

movie smoking than other groupmovie smoking than other group

Effect of Smoking in Movies Greatest in Children of Nonsmoking Parents

0%

2%

4%

6%

8%

10%

12%

14%

16%

0-531 532-960 961-1664 1665-5308

Number of Smoking I ncidents Kids Saw in 600 Popular Movies

Kid

s W

ho

Sta

rted

Sm

okin

g Nonsmoking Parents

Smoking Parents

Smoking shows a clear “dose-response” Smoking shows a clear “dose-response” relationsrelations

Reducing exposure will reduce effect on Reducing exposure will reduce effect on smoking and healthsmoking and health

Include smoking or tobacco placement as Include smoking or tobacco placement as basis for “R” ratingbasis for “R” rating

Smoking doesn’t sell ticketsSmoking doesn’t sell tickets• studios have a strong incentive to stop putting studios have a strong incentive to stop putting

smoking in movies aimed at adolescentssmoking in movies aimed at adolescents

3. Shame the movie industry3. Shame the movie industry

HackademyHackademy AwardsAwards SceneSmoking.orgSceneSmoking.org

4. Pressure the industry4. Pressure the industry August, 2003 28 Attorneys GeneralAugust, 2003 28 Attorneys General

• wrote to Jack Valenti, president of Motion wrote to Jack Valenti, president of Motion Picture Association of America Picture Association of America

• shared findings of Dartmouth Medical School shared findings of Dartmouth Medical School studystudy

December 2003 Sorrell and four other December 2003 Sorrell and four other AG’s met withAG’s met with• ValentiValenti• the Directors Guild of America’s Social the Directors Guild of America’s Social

Responsibility Task Force Responsibility Task Force • production executives of the seven major production executives of the seven major

studiosstudios

5. Criminal action5. Criminal action SURGEON GENERAL'S WARNINGSURGEON GENERAL'S WARNING: Smoking : Smoking

Causes Lung Cancer, Heart Disease, Emphysema, Causes Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy.And May Complicate Pregnancy.

SURGEON GENERAL'S WARNINGSURGEON GENERAL'S WARNING: Quitting : Quitting Smoking Now Greatly Reduces Serious Risks to Smoking Now Greatly Reduces Serious Risks to Your Health.Your Health.

SURGEON GENERAL'S WARNINGSURGEON GENERAL'S WARNING: Smoking By : Smoking By Pregnant Women May Result in Fetal Injury, Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight.Premature Birth, And Low Birth Weight.

SURGEON GENERAL'S WARNINGSURGEON GENERAL'S WARNING: Cigarette : Cigarette Smoke Contains Carbon Monoxide.Smoke Contains Carbon Monoxide.

After January 1, 1971, it shall be After January 1, 1971, it shall be unlawful to advertise cigarettes and unlawful to advertise cigarettes and little cigars on any medium of little cigars on any medium of electronic communication subject to electronic communication subject to the jurisdiction of the Federal the jurisdiction of the Federal Communications Commission Communications Commission

1998 Action on Smoking and Health 1998 Action on Smoking and Health (ASH) filed formal complaint with (ASH) filed formal complaint with Department of JusticeDepartment of Justice

1.1. Paid tobacco placements constitute Paid tobacco placements constitute advertisingadvertising

• Must therefore include Surgeon General’s Must therefore include Surgeon General’s warningwarning

2.2. Movies shown on television with tobacco Movies shown on television with tobacco placements violate federal lawplacements violate federal law