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Action on Smoking and Health (ASH)

ESTABLISHED: 1967
EMPLOYEES: 10 (1996)
MEMBERS: Not made available
PAC: None

Contact Information:
ADDRESS: 2013 H St. NW Washington, DC 20006
PHONE: (202) 659-4310
URL: http://www.ash.org
EXECUTIVE DIRECTOR: John F. Banzhaf, III

WHAT IS ITS MISSION?

Action on Smoking and Health (ASH) is a national nonprofit organization dedicated to increasing public awareness about the many dangers of cigarette smoking and protecting the rights of nonsmokers against secondhand smoke. ASH functions both as a collective voice for those concerned with the problems of smoking and a vehicle for legal action intended to reduce the dangers smoking poses to society. Using scientific and educational resources along with its legal expertise, ASH fights the war against smoking through public awareness campaigns, legal actions, and the assistance it offers during the drafting of congressional legislation.

HOW IS IT STRUCTURED?

ASH is a nonprofit organization with 501(c)(3) status. John F. Banzhaf III is both the organization's executive officer and founder, and he acts as the head of ASH. The national headquarters is located in Washington, D.C.; a governing board made up of eight members meets at ASH's headquarters four times per year and serves as the collective voice directing the organization. Individuals across the country may join ASH as members by making an annual tax-deductible contribution of at least $25. In return they receive various educational, promotional, and legal materials, including a one-year subscription to ASH's newsletter, information packets on the dangers of secondhand smoke, legislative issues, an explanation of nonsmokers' rights, and legal forms to help them file complaints against workplaces and businesses that do not protect nonsmokers.

PRIMARY FUNCTIONS

In its fight to protect nonsmokers from the dangers of smoking and secondhand smoke, ASH pursues a number of avenues, including public education, legislative monitoring and reform, and legal action.

ASH's educational initiative can be divided into three areas. First, the organization educates people about the dangers of smoking and secondhand smoke. For example, ASH makes available an informational booklet titled, "Taking Action to Protect You and Your Family from Tobacco Smoke." Second, ASH educates nonsmokers on their legal rights and provides supporting legal help. To this end it makes available copies of an Occupational Safety and Health Administration (OSHA) complaint form that nonsmokers can use to file complaints against smoking in the workplace. The form, provided by ASH, contains the correct legal language so that, by law, OSHA must investigate the complaint. Finally, ASH educates the public on legislation. The ASH Web site is updated daily with press releases, relevant news stories, and commentary on legislative events and organization business.

In addition to the Internet, ASH uses many mediums to promote its educational campaign. Education information is disseminated via a bimonthly newsletter, educational booklets and materials, and media interviews and press releases. ASH founder Banzhaf has appeared frequently on talk, news, and debate shows, including MacNeil-Lehrer, Today, Good Morning America, CBS This Morning, Crossfire, Nightline, Face the Nation, and Larry King Live.

ASH spends considerable energy working to inform and educate members of Congress concerning technical, medical, statistical, and legal aspects of issues as they relate to cigarette smoking. The organization gives input on pending legislation and suggests reforms. ASH also strongly encourages its members and visitors to put pressure on congressional members through phone calls, E-mails, and letters.

Because ASH has defended the rights of nonsmokers on countless fronts, it can claim at least partial credit for almost every major victory in the U.S. anti-smoking campaign. ASH has brought and participated in many legal actions related to smoking, including: Banzhaf v. Federal Communications Commission (1968), which upheld the FCC ruling that television and radio stations must provide substantial free time for anti-smoking messages; ASH v. Civil Aeronautics Board (1983), which resulted in mandatory nonsmoking sections on airplanes and was eventually adapted into a ban on smoking on almost all domestic flights; and ASH v. Lujan, which forced the U.S. Park Service to discontinue allowing tobacco company promotions in parks under its control.

On May 26, 1977, ASH filed a petition with the Food and Drug Administration (FDA) to regulate tobacco in cigarettes, and later appealed the FDA's denial of its petition. ASH v. Harris (1980) provided the legal grounds used by the FDA in its decision to regulate nicotine levels in cigarettes. When tobacco companies attempted to reverse the FDA decision, ASH's threat to sue the FDA became a major factor in the administrative agency's decision to hold its ground. Associate FDA Commissioner Ronald G. Chesemore confirmed in a May 16, 1997, letter that the agency's decision to regulate cigarettes was strongly influenced by ASH's petition. Many more such victories are documented throughout ASH's history.

PROGRAMS

ASH sponsors a number of programs that target such goals as public awareness, legislative reform, and legal issues. For example, ASH is a member of the anti-smoking coalition Save Lives, Not Tobacco, which is made up of more than 300 organizations. Coalition members, including ASH, work to present a united front against the powerful tobacco lobby. ASH is also a founding member of the Advisory Committee on Tobacco Policy and Public Health, an organization that publishes written opinions on pending legislation.

In August of 1997, ASH played a major role in that year's World Conference on Tobacco or Health held in Beijing, China. Banzhaf presented five papers to the conference, including "Thirty Years Proves Legal Action against Smoking Works," "Shedding Light on Evil: The Power of Publicity and How to Get It," and "Attacking Drug Pushers by Regulating Nicotine as a Drug." Throughout the conference ASH posted updates to its Web site, issued press releases, and sent messages to members of Congress.

BUDGET INFORMATION

For the fiscal year ending 1996 ASH had total expenditures amounting to __BODY__,211,904. Of that total, $962,934 went to program services, $81,171 went to administration, and $167,799 to fundraising. Total revenue equaled __BODY__,417,685, representing an increase of approximately five percent in total operating revenue over the previous five years. ASH collected __BODY__,303,965 in contributions and earned $92,672 through interest and investments. Contributions reflect a seven percent increase over the previous five years. Interest on investments represents a five percent decrease over the previous five years.

HISTORY

Attorney John Banzhaf founded ASH in 1967 and has acted as executive director during its entire existence. He was joined by physicians, attorneys, and other prominent citizens in creating ASH as a nonprofit organization dedicated to protecting the rights of nonsmokers. Banzhaf first began making his mark in the smoking wars in 1966 when he started a campaign for free television airtime for anti-smoking messages. He petitioned the Federal Commerce Commission, citing that the "Fairness Doctrine" which allowed for opposing viewpoints in matters of public concern and interest applied to cigarette commercials. Thus, if radio and television stations accepted hundreds of millions of dollars worth of cigarette advertisements, they should also be required to devote the same amount of broadcast time to anti-smoking messages. In 1969 ASH filed a complaint charging that several tobacco companies were knowingly misleading consumers by promoting filter cigarettes. That same year Banzhaf's initial anti-smoking crusade proved victorious when the U.S. Supreme Court upheld the Fairness Doctrine ruling.

ASH in the 1970s

In 1972, under the leadership of ASH trustee Betty Carnes, Arizona became the first state to pass laws aimed at protecting nonsmokers. Beginning on January 2, 1972, cigarette manufacturers, with an eye to the Supreme Court's Fairness Doctrine decision, agreed to withdraw cigarette commercials from radio and television. Concurrent with its battle over television airtime, ASH had also been working to ensure the rights of nonsmoking airline passengers, and in 1971, in response to a request made by ASH, United Airlines became the first carrier to provide "smoking" and "nonsmoking" seating. By 1973 a petition ASH had filed with the Civil Aeronautics Board resulted in the adoption of a ruling mandating nonsmoking sections on all airlines. ASH entered the work arena in 1976, assisting an office worker allergic to cigarette smoke in obtaining an injunction prohibiting smoking in her office. That same year ASH petitioned the Interstate Commerce Commission to restrict smoking on trains.

ASH in the 1980s

Carried by its strong momentum built during the 1970s, the 1980s found ASH riding a swelling tide of activities promoting the rights of nonsmokers across the United States. The organization petitioned the Federal Aviation Administration (FAA) to require smoke detectors in airplane lavatories, worked with health insurance companies to increase rates for smokers, and helped states enact nonsmoking legislation for workplaces and public areas. In 1983 ASH won a ruling by the U.S. Court of Appeals that required the Civil Aeronautics Board to reinstate three anti-smoking regulations it had rescinded in 1981. Two years later ASH held the first World Conference on Nonsmokers' Rights in Washington, D.C. In 1987 it joined the American Public Health Association, the Public Citizen Health Research Group, and other organizations in asking OSHA to ban smoking in common workplaces. In 1989 ASH worked to persuade Congress to ban smoking on all domestic flights. The ban went into effect in 1990.

ASH in the 1990s

In 1993 the Journal of the American Medical Association released a study that showed smoke levels in nonsmoking sections of restaurants to be significantly higher than in office workplaces or homes with one or more smokers. After this report, ASH stepped up its efforts to create totally smoke-free environments. Responding to pressure from ASH, many fast-food restaurants eliminated smoking from their establishments, among them McDonald's, Chuck E. Cheese, Arby's, Taco Bell, Dairy Queen, and Dunkin' Donuts.

Throughout its history, ASH has worked diligently to inform nonsmokers of the dangers of tobacco smoke. Perhaps even more importantly, it established the legal basis for the right of nonsmokers to be free from exposure to tobacco smoke, thus opening the door to increased pressure and legal action against tobacco manufacturers. In 1997 the tobacco industry reached a settlement agreement with a consortium of state attorneys general that had sued the industry for the medical costs of treating health problems related to smoking. However, the settlement, which proposed no price increase and afforded the industry immunity from class-action and similar lawsuits in the future, was denounced by ASH as being too weak to significantly impact the use of tobacco in the United States.

CURRENT POLITICAL ISSUES

ASH continues to monitor the regulations governing smoking in the workplace and restaurants, on buses, trains, and planes, and in other public places. The growing popularity of cigars has also become an issue for the organization. In addition, ASH has entered into the debate over smoking as a deciding factor in determining child custody arrangements when a child is severely medically affected by smoke due to allergies, asthma, or smoke sensitivity.

With teenage smoking on the rise, and as more and more questions emerge regarding efforts by tobacco companies to suppress information on the hazardous health effects of smoking and the addictive nature of nicotine, ASH found itself in the midst of one of the hottest issues of the late 1990s—working to reform legislation regarding tobacco companies.

Case Study: The McCain Bill

During the 1990s tobacco companies found themselves increasingly involved in litigation against individuals whose health had been adversely affected by smoking. Many of these lawsuits were class action suits—a suit brought collectively by many people making the same allegation. State attorneys general began filing suits demanding millions of dollars in damages, arguing that their states were incurring enormous expenses caring for people whose health had been adversely affected by the use of cigarettes.

In the late 1990s public pressure for the federal government to intercede via some form of legislation continued to grow. Finally, in 1998 tobacco legislation began making its way through Congress. One important proposal was dubbed the "McCain Bill" after its primary sponsor, Senator John McCain (R-Ariz.), chairperson of the Senate Commerce Committee. Using all its public awareness and influence channels, ASH worked to ensure that the bill was passed in a form that could alter the future of smoking in the United States.

The McCain Bill proposed placing a per-pack fee on cigarettes, starting at 65 cents in 1999 and rising to __BODY__.10 by 2003. Other provisions of the bill gave the Food and Drug Administration (FDA) broad authority in the regulation of tobacco products and set an annual limit of $6.5 billion on tobacco company payouts in damages from liability cases. Finally, the bill proposed establishing restrictions on tobacco advertising and marketing strategies attractive to young people. Billboard advertisements, stadium signs, T-shirts and other promotional giveaways, and the use of human and cartoon figures in tobacco product ads would be banned under the bill.

While the McCain Bill was a significant step forward in the implementation of federal regulation of tobacco products and companies, ASH was critical of the bill. Specifically, the organization felt the bill did not go far enough in the areas of price increases and regulation, and the cap on liability payments was viewed as favorable to tobacco companies.

ASH promoted the need for a significant price hike, citing numerous studies showing price to be the biggest deterrent to teen smoking and citing the lack of solid evidence showing restricted advertising to carry the same results. In a 1998 CNN interview, Banzhaf stated, "The tax increase is far less than the entire public health community and the National Academy of Sciences believes is necessary to really significantly reduce teen smoking. We're looking for a two-dollar-a-pack tax increase. That will help shock the kids out of smoking."

In April 1998, shortly after the McCain Bill cleared the Senate Commerce Committee by a vote of 19 to 1, R. J. Reynolds threatened to withdraw from negotiations and was quickly joined by other tobacco companies. At issue was the constitutionality of certain aspects of the bill, including marketing and advertising restrictions and penalties for failure to bring down youth smoking rates. The tobacco industry was also deeply concerned about losing the liability cap. Without setting a limit on the damages that could be awarded in any one court case, they argued, excessive litigation could put their companies out of business. Although it was not legally required, Congress hoped to come to an agreement with the tobacco industry, thereby avoiding potential legal battles over the industry's constitutional rights.

Despite ASH's criticisms, the McCain Bill was seen by many as the best chance to enact national tobacco legislation. However, on June 17, 1998, the Senate defeated a move for cloture—an attempt to end debate and put the McCain Bill to a vote. The bill was dealt a final blow when the Senate voted to return it to the Commerce Committee for more study. Opponents of the bill said that too many amendments—including one for tax cuts and one establishing drug abuse programs—had made the bill more about taxing and spending than about tobacco. Supporters of the bill claimed that pressure from tobacco companies had doomed the bill.

Public Impact

After the McCain Bill was essentially killed in the Senate, its opponents rushed to defend their stand on a tax-and-spend bill while its supporters predicted that those who opposed it would hear from angry voters in the fall elections. The public response was lukewarm. While many voters agreed that federal tobacco legislation was necessary, they also agreed the bill had too many unrelated amendments. And while some Republican seats in Congress were lost in the November 1998 elections, tobacco issues did not seem to be a factor in those elections. Nonetheless, ASH and other public health groups decried the defeat of the McCain Bill and vowed to continue their efforts to create national tobacco legislation.

Although ASH's hopes for the McCain Bill may have seemed unrealistic, the efforts by it and other anti-smoking groups in support of the bill resulted in one of the most effective public-awareness and health-issue campaigns ever launched. While the McCain Bill essentially disappeared, strong feelings that remain on all sides of the tobacco issue guarantee that public debate and activism will continue into the future.

FUTURE DIRECTIONS

ASH continues to establish new fronts on which to fight its anti-smoking battles. The organization is offering a $25,000 reward through its Web site for any information leading to the arrest and conviction of a current or former tobacco industry executive. ASH hopes to find information implicating tobacco executives in industry-related felonies such as perjury, obstruction of justice, false swearing, or conspiracy. In addition, ASH has filed a petition with the Federal Trade Commission (FTC) requesting a warning label similar to that on cigarettes be placed on cigars. If the FTC does not comply with ASH's request, Banzhaf has already indicated that ASH will pursue legal action against the FTC. Third, ASH is stepping up a campaign to protect children from parents who smoke. ASH has developed legal theories under which smoking can be used as a determining factor in child custody and child abuse cases, child neglect, and endangerment. This would apply in situations where smoke poses a serious health risk to children with asthma, hay fever, and allergies.

GROUP RESOURCES

ASH maintains a comprehensive Web site that can be accessed at http://www.ash.org. On a daily basis, ASH posts an average of four to five new articles relevant to smoking gleaned from newspapers, magazines, and interviews, along with ASH press releases, information, and analysis. This makes their site one of the most current and comprehensive sources available regarding the anti-smoking campaign.

The Web site features a kids' page with over 15 links to pages with anti-smoking information and activities for children and teens. Visitors to the site can also access information on the dangers of secondhand smoke, find E-mail addresses for members of Congress, and link to tobacco companies' home pages. ASH also posts upcoming radio and television programs that feature issues related to smoking. The ASH home page can be accessed in three languages besides English. The information is periodically translated into French, German, and Spanish.

GROUP PUBLICATIONS

To its members, ASH provides a bimonthly newsletter, ASH Smoking and Health Review. The eight-page newsletter contains analyses of many issues surrounding the smoking debate, updates on ASH's activities in the anti-smoking campaign, and information on pending legislation. The newsletter also regularly features a page titled "News You Should Know," which highlights anti-smoking activities around the United States and supplies brief facts and statistical data about smoking. Each issue also contains an "Executive Director's Report," contributed by founder John Banzhaf.

Numerous materials covering a broad range of issues related to the anti-smoking campaign are available from ASH for a small charge. Booklets, such as "Taking Action to Protect Yourself from Tobacco Smoke in Public Places" and "Custody Information Package" are offered. A wide range of papers is also available, such as "Addiction to Nicotine," "State Smoking Laws," and "Raising Taxes on Tobacco." Other materials available include "Thank You for Not Smoking" decals and an airline complaint kit that includes forms for filing a complaint. Materials may be purchased by writing to ASH at 2013 H St. NW, Washington, DC 20006.

BIBLIOGRAPHY

Berkowitz, Harry. "Tobacco Bill Gains." Newsday, 2 April 1998.

Connolly, Ceci. "Tobacco Bill Clears Senate Panel." Washington Post, 2 April 1998.

"FTC Mulls Cigar Warning Labels." Baltimore Sun, 14 April 1998.

Rosenbaum, David E. "Procedural Votes Kill Tobacco Bill in Senate." Rocky Mountain News, 18 June 1998.

——. "Teen Smoking Curbs Scrapped." Denver Post, 18 June 1998.

"Snuff out Poor Tobacco Deal." USA Today, 2 April 1998.

Stout, David. "Gringrich Says Bill on Tobacco Has Little Hope." Washington Post, 18 April 1998.

Weinstein, Henry. "Tobacco Firms Threaten Assault on Cigarette Bill." Los Angeles Times, 4 April 1998.