[Intl-tobacco] PM on French law, "Loi Evin"
Robert Weissman
rob@essential.org
Mon, 03 Nov 2003 14:01:18 -0500
--
[ Picked text/plain from multipart/alternative ]
Posting Date: Monday, November 1, 2003
France: Proposed Action Plan to Amend the Tobacco Sponsorship
Ban Company/source: Philip Morris (now a division of Altria
Group)Document Date: 03 Jun 1992
Length: 25 pages
Bates No. 2501360173/0197
URL: http://tobaccodocuments.org/landman/2501360173-0197.htmlPDF
Version:
http://legacy.library.ucsf.edu/cgi/getdoc?tid=3Dslp22e00&fmt=3Dpdf&ref=3Dre=
sults
A law enacted in France in 1991 (commonly referred to as the "Loi Evin=
")
restricted some forms of tobacco advertising and sponsorship. In 1993 Fre=
nch
legislators considered tightening the Loi Evin to prohibit virtually all f=
orms
of tobacco advertising, with only very limited exceptions. The French als=
o
proposed removing an exception that had permitted tobacco companies to con=
tinue
to sponsor sporting events in France, even after the Loi Evin had initiall=
y been
enacted.
This proposal set off an alarm at Philip Morris. The company feared t=
hat if
they allowed this measure to pass in France, the same type of restrictions=
would
quickly spread to other European countries.
Not surprisingly, PM fought the measure. This report describes how Ph=
ilip
Morris France (PM) planned to manipulate the French government to preserve
tobacco company sponsorship of sporting events.
Not unexpectedly, PM's strategy was multi-pronged: The company plann=
ed to
use the deteriorating state of France's inner-cities (called "suburbs") to=
its
advantage by offering the government what was, in essence, a bribe. PM pl=
anned
to offer to build sporting facilities and purchase equipment for the poore=
r
sections of French cities in exchange for the government inserting an exce=
ption
into the new law that would continue to allow tobacco company sponsorship =
of
sporting events:
"[PM will] offer sponsorship activities by tobacco companies [to the
French government] as one solution for the severe urban problems."
Another tactic was to threaten French legislators by upsetting their
"political equilibrium." PM says,
"[should Government officials move to restrict tobacco sponsorship of
events] mobilization can take place and cause problems to the
political equilibrium."
PM also proposed "using the problems of the inner-cities as a politica=
l
cover" for politicians to insert an amendment favoring tobacco companies i=
nto a
bill about the law.
Research by PM's Corporate Affairs department showed that manipulating
French legislation through an Omnibus Bill was the way to go. PM preferre=
d
working through an Omnibus bill because they are introduced very late in t=
he
French legislative session, are usually rushed through parliament and lade=
n with
many different subjects, making discussion of individual measure in the bi=
ll
very difficult. Omnibus bills thus avoid scrutiny by consumer groups and
health authorities. In a section entitled "How to amend the Loi Evin," PM=
says,
"The easiest way to amend the Loi Evin to allow the sponsorship of
motor vehicle competitions by the tobacco industry is to obtain the
inclusion of an article dealing with this question in an Omnibus Bill=
.
..Omnibus bills have two advantages:
-- They are generally a long list of very different articles amending
very different laws, and are therefore difficult to discuss.
-- They are generally voted during the last two days of parliamentary
sessions, and are therefore not scrutinized by the press and public
interest groups."
PM further says,
"[Omnibus bills] provide the Government with an opportunity to adjust
laws voted previously without having to re-open a political debate.
They provide an opportunity to placate special-interest groups withou=
t
having to do it openly, or even to reverse the Government's previous
position at the cost of minimal political exposure..."
The Plan also indicates PM cultivated strong allies within the French
government, and implies the companies could control these public servants =
to
their advantage, saying "It will...be necessary to mobilize MP's and Senat=
ors"
to propose such an amendment.
This document shows how Philip Morris works to alter laws in ways that=
make
the company's involvement difficult to detect, and purposely tries to keep
health authorities and consumer groups from discovering and discussing wha=
t the
company is doing in that regard.
Quotes:
FRANCE / SPONSORING BAN
BACKGROUND
The French anti-tobacco law, also known as the Loi Evin, will enter
into force on January 1, 1993. In addition to its general
advertising ban, the Loi Evin will make it impossible for Philip
Morris to sponsor motor vehicle competitions or any other kind of
events.
This situation poses a major problem for Philip Morris. Sponsorship
hitherto has remained one of the few areas in which Philip Morris
has retained some freedom to give its brands significant public
exposure through broadcasts, photos and reports.
Moreover, sponsorship is not yet prohibited at the European
level,and the ban in France may be used as a precedent at the EC
level. This situation jeopardizes the sponsorship operations of
Philip Morris on a European scale and could be reversed, if at all,
only at great cost. Conversely, success at reinstalling sponsorship
in France could provide significant impetus to Philip Morris'
European efforts. Success of our proposed action plan would
considerably benefit the French market and other markets at the EC.
The current European context with regard to tobacco sponsorship
legislation is still very much in flux, and the evolution of the
French legislation may set a precedent one way or the other...
SITUATION ANALYSIS
=EF OBJECTIVE
To amend article 3 of the Loi Evin, and gain an exception to its
sponsorship ban, most likely through a law contained in an omnibus
bill.
STRATEGY
To achieve our objective, we must act on both grounds:
1. The suburbs and its solutions,
2. Sports and cultural sponsorship, in an effort to demonstrate
that:
* These events are popular,
* Inhabitants of places where these events take place support
their continuation,
* Mobilization can take place and cause problems to the
political equilibrium.
--Endow sponsorship with a social dimension by taking advantage of
the draft legislation on urban areas, which will probably ask
corporations to help suburbs via sponsorship.
--Offer activities by tobacco companies as one solution for the
severe urban problems.
--Mobilize parties with vested interests in current sponsorship
activities.
--Use the problems of the inner-cities as a political cover for the
proposed amendments.
REMARKS ON THE FRENCH SITUATION
Philip Morris has an opportunity to advance its goals in the current
socio-political situation. The social problems of suburbs (roughly
equivalent to those of US inner cities) are becoming a national
issue in France, and a law that would set up a scheme through which
private companies sponsor sports facilities and equipment is
currently being considered.
In a nutshell, Philip Morris may be in a position to support the
suburb sponsorship scheme in exchange for an exception to the sports
sponsorship ban, specifically in respect to motor vehicle
competition. Such a trade-off would also be of interest for the
cities and regions in which motor vehicle events take place, because
the upcoming ban would deprive them of significant financial
resources.
[From Page 21, Bates No. 2501360193]:
3. THE SPECIFIC CASE OF OMNIBUS BILLS
3.1. The specificity of omnibus Bills
Omnibus Bills are used by the Government to pass a number of
provisions which it does not want to publicize or about which it
wishes the parliamentary discussion to be minimal. A number of new
taxes and concessions to special-interest groups have been voted
this way.
Omnibus Bills can contain mostly fiscal and financial
provisions...or mostly social provisions. They are generally voted
during the last day of the parliamentary session, and the
parliamentary discussion is reduced to a minimum.
Omnibus Bills generally offer good opportunities to special-interest
groups because the Government may be more prepared to make
concessions through such Bills than through a formal amendment of
the legislations concerned.
3.2 The procedure for amending an omnibus Bill
An omnibus Bill may be amended in the same manner as a normal Bill.
This situation is however exceedingly rare, since the Bill is
generally submitted almost unexpectedly on the last day of the
session and the Government often prevents any amendment from being
added to it.
In a nutshell, to obtain the inclusion of a provision in an omnibus
Bill, it is necessary to either have lobbied very effectively the
Government...or to have an amendment filed by a "friend of the
Government"...
{From Page 24, Bates No. 2501360196]:
Re: How to amend the Loi Evin
The easiest way to amend the Loi Evin in order to allow the
sponsorship of motor vehicle competitions by the tobacco industry is
to obtain the inclusion of an article dealing with this questions in
an omnibus Bill...
1. Omnibus Bills have two advantages:
--They are generally a long list of very different articles amending
very different laws, and are therefore difficult to discuss.
--They are generally voted during the last two days of parliamentary
sessions, and are therefore not scrutinized by the press and public
interest groups.
2. Omnibus Bills provide the Government with an opportunity to
adjust laws voted previously without having to re-open a political
debate. They provide an opportunity to placate special-interest
groups without having to do it openly, or even to reverse the
Government's previous position at the cost of minimal political
exposure...
...The last advantage of omnibus Bills is that one can always count
on them: at every parliamentary session, each year, there is an
omnibus Bill. IT is therefore less difficult to add a provision to
such Bill t han to try to push a Bill/proposal through the
parliamentary agenda.
--------------------------------------------------------------------=
----------
Company: Philip Morris
Author: Philip Morris France Corporate Affairs Department
Recipient: Presumed corporate recipient, Philip Morris
Region: France
Named Organization: Centre De Documentation Et Dinformation
Constitutional Council
Council of Ministers
Council of State
EC - European Community
EPSY
French F1 Grand Prix - industry sponsored European au=
to
competition
French NMA - French National [Tobacco] Manufacturers
Assoc.
Groupement De Fournisseurs Communautaire
Magny Cours
Ministry of Youth + Sports
Natl Assembly
PMCS
PMI, Philip Morris International
Prime Ministers Office
Res
Sales
Senate
Special Interest Groups
Supreme Administrative Court
Vincent Georges
Burson Marsteller (Tobacco industry PR firm)
Tobacco Industry public relations firm.
Type: REPT, REPORT, OTHER
AGEN, AGENDA
BUDG, BUDGET, BUDGET REVIEW
Litigation: Stmn/Produced
Operation/Project: Countering/amending the French anti-tobacco law, Loi =
Evin
Named Person: Filippone, A.
Wirz, Gerard (PM Corporate Services, Brussels c.1990-=
94)
Gerard Wirz worked for Philip Morris Corporate
Services, Inc. in Brussels. (PMI's Introduction to
Privilege Log and Glossary of Names, Estate of Burl
Butler v. PMI, et al, April 19, 1996)
Subject: legislation
industry activity
industry influence
industry recommendation
industry strategy
sponsorship
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