25. FN24. See generally Philip Mattera,
RJR Nabisco: Transnational Tobacco Trafficker, Multinational Monitor, Jan.
1992, at 38, 41 (discussing RJR Nabisco aggressively hawking cigarettes
to vulnerable populations, such as African- Americans, and poor women and
children in the United States, third world and Eastern European citizens);
D.J. Moore et al., Target Marketing of Tobacco and Alcohol-Related Products
to Ethnic Minority Groups in the United States, 6 Ethnicity & Disease
83, 98 (1996); Sylvia A. Law, Addiction, Autonomy and Advertising, 77 Iowa
L. Rev. 909 n.14 (1992); Alan Blum, The Blue Collar, Black Target, Wash.
Post, May 18, 1986, at F1; Paul Cotton, Tobacco Foes Attack Ads that Target
Women, Minorities, Teens, and the Poor, 26 JAMA 1505 (1990).
26. FN25. See generally Ronald M.
Davis, Current Trends in Cigarette Advertising and Marketing, 316 New Eng.
J. Med. 725 (1987); Why Big Tobacco Woos Minorities, 21 Adweek's Marketing
Wk. 20 (1990) (discussing the declining smoking rates for whites as an
explanation for tobacco marketers targeting minorities).
27. FN26. See generally D.G. Altman
et al., Alcohol and Cigarette Advertising on Billboards; 64 Health Educ.
Res. 487 (1991) (reporting research where black neighborhoods had the highest
rate of billboards per 1,000 population and had proportionately more tobacco
and alcohol billboards than white or Asian neighborhoods); J. Clark, Targeting
Blacks in Cigarette Billboard Advertising: Results from Down South, 2 Nursing
Scan In Oncology 12 (1993) (reporting results of a cross-sectional survey
of tobacco advertising through billboards in black and white neighborhoods
in Columbia, South Carolina where 22% of the advertisements were for cigarettes
with 25% occurring in predominantly black neighborhoods); Lovell Jones,
Insidious the Way Cigarette Makers Target Minorities, Houston Chron., Mar.
24, 1996, at 4, available in 1996 WL 5588921.
28. FN27. See generally Linda Williams,
Tobacco Companies Target Blacks with Ads, Donations, and Festivals, Wall
St. J., Oct. 6, 1986.
29. FN28. See generally K. Michael
Cummings et al., Cigarette Advertising and Black-White Differences in Cigarette
Brand Preference, 102 Pub. Health Rep. 698 (1987).
30. FN29. Symposium, Killer Billboards,
83 Bus. & Soc'y Rev. 12, 14 (1992); Kathryn A. Kelly, The Target Marketing
of Alcohol and Tobacco Billboards to Minority Communities, 5 U. Fla. J.L.
& Pub. Pol'y 33, 59-60 & nn.215-17 (1992).
31. FN30. Id.
32. FN31. Barnett Wright, 'Liquid
Crack': Fortified Beer Pours into Black Community, Phila. Trib., Apr. 30,
1993, at 1A.
33. FN32. Elaine M. Johnson, Symposium,
Harmful Targeting, 83 Bus. & Soc'y Rev. 16 (1992).
34. FN33. Id.
35. FN34. See Andrew A. Skolnick,
National Medical Association Unveils Billboard Campaign to Promote Health
in Black Communities, 270 JAMA 1166, 1168 (1993).
36. FN35. See Sylvia A. Law, Addiction,
Autonomy and Advertising, 77 Iowa L. Rev. 909, 913 (1992).
37. FN36. Id.
38. FN37. See generally David G. Altman,
How an Unhealthy Product Is Sold: Cigarette Advertising in Magazines, 1960-1985,
37 J. Comm. Health 95-106 (1987); Michael C. Fiore et al., Trends in Cigarette
Smoking in the United States: The Changing Influence of Gender and Race,
261 JAMA 49 (1989); Laurie Hoffman-Goetz et al., Cancer Coverage and Tobacco
Advertising in African-American Popular Magazines, 22 J. Comm. Health 261,
available in 1997 WL 10117550.
39. FN38. The advertisements tend
to be in small newspapers that serve blacks. However, the industry also
advertises extensively in prominent African-American magazines. For instance,
the April 1997 cover of Ebony had a headline, "Prostate Cancer: Why the
Black Death Rate Is So High." The back cover is an ad for Capri cigarettes.
The February 1997 issue of Ebony for Black History Month had ads for Camel,
Misty, Newport, Virginia Slims and Capri. Derrick Jackson, Let Blacks Rethink
Tobacco Underwriting, Milwaukee J. & Sentinel, July 12, 1997, at 10,
available in 1997 WL 4810004.
40. FN39. Id.
41. FN40. See Law, supra note 35,
42. FN41. Claudia Morain, Kiss of
Death: African-Americans and the Tobacco Industry, Am. Med. News, Nov.
15, 1993, at 13.
43. FN42. See Law, supra note 35,
44. FN43. See Morain, supra note 41,
at 13. Philip Morris supported Operation PUSH, the Rev. Jesse Jackson's
civil rights organization. The tobacco giant brought together presidents
of black colleges for a Martin Luther King Jr., birthday remembrance, produced
half-hour radio programs to celebrate Black History Month, and commemorated
a Bill of Rights anniversary with ads featuring prominent African-American
leaders. It supports the Dance Theater of Harlem and sponsors rhythm-and-blues
concerts, heavily advertised in black-oriented media, in cities with large
45. FN44. For example, former Urban
League President Vernon E. Jordan, Jr., who headed President Clinton's
transition team, sits on the RJR Nabisco Holdings Corporation board. Raymond
Pritchard, who recently retired as chairman and CEO of Brown and Williamson
Company, sat on the board of the National Urban League from 1986 to 1992.
Hugh Cullman, a one-time vice chairman of Philip Morris, served as chairman
of the United Negro College Fund from 1987 to 1989. Whitney Young, the
late Urban League chief, sat on the board of Philip Morris. His widow,
Margaret B. Young, inherited the chair. Id.; Danny R. Johnson, Tobacco
Stains, 56 Progressive 26 (1992) (discussing how cigarette companies have
bought into civil rights groups even though the tobacco-related disease
is one of the leading causes of death of African-Americans).
46. FN45. Organizations known to receive
tobacco funding include the Congressional Black Caucus, the NAACP, the
NAACP Legal Defense Fund, the Urban League, the Southern Christian Leadership
Conference (SCLC), the National Caucus of Black State Legislator, the United
Negro College Fund, the Thurgood Marshall Scholarship Fund, the National
Council of Negro Women, the Alvin Ailey Dance Theater, the Dance Theater
of Harlem, the Ebony Magazine Fashion Fair, and the National Minority AIDS
Council. See generally Jackson, supra note 38. Cf. Million Dollar Gift
Helps Restore Abandoned Shaw University Building That Housed First Black
Medical School, N.Y. Beacon, Oct. 23, 1996, at 35, available in 1996 WL
15800903 (noting the Phillip Morris Companies' one million dollar donation
to United Negro College Fund).
47. FN46. In 1986, 21 of the 39 members
of the Congressional Black Caucus received at least $5,000 in campaign
contributions from the tobacco companies. Derrick Jackson, Why Blacks Are
Losing Tobacco War, Dallas Morning News, June 3, 1997, at 21A, available
in 1997 WL 2674892 (naming several highly visible African- Americans in
Congress who received at least $5000 of tobacco money: Senator Carol Moseley-Braun
of Illinois and Representatives Mel Watt of North Carolina, Cynthia McKinney
of Georgia, Floyd Flake of New York, Carrie Meek of Florida, Louis Stokes
of Ohio, J.C. Watts of Oklahoma, William Clay of Missouri and Maxine Waters
and Julian Dixon of California).
48. FN47. Id.
49. FN48. See generally Bob Herbert,
Tobacco Hush Money for Black Leaders, 88 Bus. & Soc'y Rev. 62 (1994)
(stating the tobacco companies are buying the silence of African-American
leaders by means of heavy contributions to the causes and charities of
the black community, causing these leaders to swallow criticism of smoking,
which kills 45,000 African-Americans a year); Morain, supra note 41 (noting
the tobacco industry befriends African-American causes, while cigarettes
devastate black health).
50. FN49. See Jackson, supra note
38, at 10.
51. FN50. James W. Brosnan, Black
Caucus Examines Tobacco Lobby's Sway, Commercial Appeal (Memphis, Tenn.),
Sept. 15, 1996, at A1, available in 1996 WL 11064351.
52. FN51. Id.
53. FN52. Id.
54. FN53. See John Hoeffel, Group
Says Reynolds Aims Ads at Black Kids, Winston- Salem J. (N.C.), Mar. 14,
1997, at A1, available in 1997 WL 9361954 (Reverend Jesse Brown, Jr. of
Philadelphia, founder of National Association for African- American Positive
Imagery, led the opposition to Uptown); Earl Ofari Hutchinson, Joe Camel
Symbol of Black America's Smoking Gun, New Pitt. Courier, July 12, 1997,
at A7, available in 1997 WL 11699804; Anthony Ramirez, A Cigarette Campaign
Under Fire, N.Y. Times, Jan. 12, 1990, at D1.
55. FN54. Ramirez, supra note 53,
56. FN55. Philip J. Hilts, Health
Chief Assails a Tobacco Producer for Aiming at Blacks, N.Y. Times, Jan.
19, 1990, at A1.
57. FN56. Id.
58. FN57. Anthony Ramirez, Reynolds,
After Protests, Cancels Cigarette Aimed at Black Smokers, N.Y. Times, Jan.
20, 1990, at A1.
59. FN58. Hutchinson, supra note 53,
60. FN59. See Mike Smith, Banner Combines
Confederate Flag, Colors of Black Liberation, Atlanta J. & Const.,
Apr. 23, 1994, at A4.
61. FN60. Id.
62. FN61. Leonard Greene, Blacks Fight
Back Against Lure of Tobacco Giants, Boston Herald, May 28, 1997, at A8,
available in 1997 WL 5401571.
63. FN62. Id.
64. FN63. See Kia Morgan Allen, Black
Clergy Attack Menthol Joe, Dayton Daily News, Mar. 14, 1997, at 6A, available
in 1997 WL 3931006; Tony Perry, New Camel Cigarette Draws Protest Smoking,
L.A. Times, Mar. 16, 1997, at A26, available in 1997 WL 219172.
65. FN64. Tobacco Industry's Ad Assault
on Blacks Is Detailed in Records, supra note 22, at A14.
66. FN65. Id.
67. FN66. Id.
68. FN67. Id.
69. FN68. Henry Weinstein & Alissa
J. Rubin, Tobacco Firms Targeted Blacks, Documents Show, L.A. Times, Feb.
6, 1998, at A1, available in 1998 WL 2395899.
70. FN69. Greene, supra note 61, at
71. FN70. US Tobacco Documents Show
How Industry Targeted Black Community, Agence Fr.-Presse, Feb. 6, 1998,
available in 1998 WL 2216146.
72. FN71. Id.
73. FN72. Weinstein & Rubin, supra
note 68, at A1.
74. FN73. Id.
75. FN74. Cigarette Company Considered
'Sweets' to Lure Youngsters; Another Looked for Ways to Attract Blacks,
Say Newly Unveiled Papers, Balt. Sun, Feb. 6, 1998, at 3A, available in
1998 WL 4950564.
76. FN75. Perry, supra note 63, at
A26 (noting assertion by a representative of RJ Reynolds that only 5 of
51 national publications have as their primary readership African-Americans).
77. FN76. Hoeffel, supra note 53,
78. FN77. Karen Grigsby Bates, Tobacco
Pins a Bull's-Eye on Black Kids Smoking: Industry Papers from the 1970s
Help Explain the Preponderance of Cigarette Advertising in the Inner City,
L.A. Times, Feb. 20, 1998, at B7, available in 1998 WL 2397287.