Smells Like Smoke : Tobacco industry takes a ‘stealth’ approach to overcoming state ban

It has been a little more than a year since Gov. Pete Wilson signed the nation’s toughest anti-smoking measure into law. Authored by then-Assemblyman Terry Friedman, AB 13, now Labor Code Section 6404.5, bars smoking in virtually all indoor workplaces across the state.

Wilson called the bill “the next logical step in California’s continuing efforts to improve the health of our workers and businesses.” He said AB 13 was “not only sound public health policy but also good business policy,” and he predicted that eliminating cigarette smoke, a known carcinogen, from offices, factories, restaurants and parts of hotels would save lives and money and increase productivity.

The tobacco industry correctly saw the seeds of its own economic demise in that smoke-free future. Never a group to take bad news lying down, the industry, led by giant Philip Morris, tried its darndest to make sure the bill never took effect. It helped write and heavily underwrote Proposition 188 on last November’s ballot. That measure would have stopped AB 13 dead and imposed far weaker statewide smoking standards that localities could not override.

Despite spending a reported $18 million in an effort to thoroughly confuse California voters about the true intent and effect of Proposition 188, Philip Morris, R J R Reynolds Tobacco Co. and the rest lost big at the polls. Californians rejected the measure by nearly 71%. AB 13 went into effect last Jan. 1.

And by all accounts, implementation has been smooth and quiet. While some restaurant and hotel owners along the state border point to a loss of business to more cigarette-friendly states, especially convention business, most Californians appear to quite like their restaurants and offices smoke-free.

But it seems that Philip Morris, R J R Reynolds and the others have only begun to fight. Having been shunned by the voters, this time they apparently are taking the “stealth” approach. A soothing, well-financed media campaign touting the industry’s smoking prevention programs for children reassures Californians that “Together, We Can Work It Out.”

And in Sacramento, there is much concern that several bills moving through the Legislature could be the vehicle for last-minute amendments to gut Section 6404.5. Will these nasty amendments be attached to a bill that already has cleared the Assembly, legislation that reasonably restricts cigarette vending machines to bars and taverns in order to prevent cigarette sales to minors? Will they be attached to one of the many gambling and gaming bills? Only a handful of tobacco executives and their legislative lap dogs know for sure.

Watch out, California: AB 13 is one good law you easily could lose.