The Situationist

Posts Tagged ‘tobacco’

Big Tobacco still at it

Posted by The Situationist Staff on September 6, 2011

From The Independent:

The world’s largest tobacco company is attempting to gain access to confidential information about British teenagers’ smoking habits.

Philip Morris International, the maker of Marlboro cigarettes, is seeking to force a British university to reveal full details of its research involving confidential interviews with thousands of children aged between 11 and 16 about their attitudes towards smoking and cigarette packaging.

The demands from the tobacco company, made using the UK’s Freedom of Information law, have coincided with an internet hate campaign targeted at university researchers involved in smoking studies.

One of the academics has received anonymous abusive phone calls at her home at night. She believes they are prompted by an organised campaign by the tobacco industry to discredit her work, although there is no evidence that the cigarette companies are directly responsible. Philip Morris says it has a “legitimate interest” in the information, but researchers at Stirling University say that handing over highly sensitive data would be a gross breach of confidence that could jeopardise future studies.

The researchers also believe that the requests are having a chilling effect on co-operation with other academics who fear that sharing their own unpublished data with Stirling will lead to it being handed over to the tobacco industry.

Philip Morris International made its first Freedom of Information (FOI) request anonymously through a London law firm in September 2009. However, the Information Commissioner rejected the request on the grounds that that law firm, Clifford Chance, had to name its client.

Philip Morris then put in two further FOI requests under its own name seeking all of the raw data on which Stirling’s Institute for Social Marketing has based its many studies on smoking knowledge, attitudes and behaviour in children and adults.

“They wanted everything we had ever done on this,” said Professor Gerard Hastings, the institute’s director.

“These are confidential comments about how youngsters feel about tobacco marketing. This is the sort of research that would get a tobacco company into trouble if it did it itself.” Professor Hastings added: “What is more, these kids have been reassured that only bona fide researchers will have access to their data. No way can Philip Morris fit into that definition.”

* * *

Cancer Research UK funded the Stirling research into the smoking behaviour of British teenagers in order to answer basic questions about why 85 per cent of adult smokers started smoking when they were children. The researchers at Stirling have built up an extensive database of interviews with 5,500 teenagers to analyse their attitudes to cigarette marketing, packaging and shop displays. “It is a big dataset now because we’ve been in the field several times talking to between 1,000 and 2,000 young people each time – going down to the age of 11 and up to the age of 16,” Professor Hastings said. “These kids are often saying things they don’t want their parents to know. It’s very sensitive.”

Asked what would happen if he lost the fight against Philip Morris, Professor Hastings said: “It would be catastrophic. I don’t think that’s an outcome I would like to contemplate. It is morally repugnant to give data confidentially shared with us by children to an industry that is so rapacious.”

Linda Bauld, professor of socio-management at Stirling, said that other universities in Britain and abroad are following the case with trepidation: “Our colleagues in the community… will not be willing necessarily to hand over information.”

Stirling’s Institute for Social Marketing consists of 15 full-time researchers and operates with an annual staff budget of £650,000. Philip Morris International employs 78,000 people and has an annual turnover of £27.2bn.

Professor Hastings said that Philip Morris’s demands have taken up large amounts of time and resources, diverting his department’s attention from its primary role of investigating smoking behaviour. “We have spent a lot of time on this. A research unit like ours simply can’t afford this,” he said. “But for me the crux is the trust we have with young people. How easy will it be for us to get co-operation from young people in the future?

“Our funders will have to think carefully about the further funding of our research. I don’t think for one moment a cancer charity is going to take kindly to paying us hundreds of thousands of pounds to give aid and succour to a multinational tobacco corporation.”

* * *

Academics studying the smoking behaviour of British teenagers and adults have found themselves to be the targets of vitriolic attacks by the pro-smoking lobby.

University researchers have been sent hate emails and some have even received anonymous phone calls, which usually come after a series of blogs posted on pro-smoking websites, including at least one which is linked to the tobacco industry.

Linda Bauld, professor of socio-management at Stirling University’s Institute for Social Marketing, says she was unprepared for the scale of the personal attacks aimed at discrediting her work on smoking behaviour and anti-smoking legislation.

“I’ve had a series of anonymous calls starting about a year ago,” Professor Bauld said. “These are phone calls in the evening when I’m at home with my children. It’s an unpleasant experience.

“It’s happened six or seven times and it’s always an unknown number. It’s usually after stuff has been posted on one of the main smokers’ websites.

“They don’t leave their name, they just say things like ‘Keep taking the money’, and ‘Who are you to try to intervene in other peoples’ lives’, using a couple of profanities.”

. . . . There is no evidence to suggest that tobacco companies are directly responsible for the anonymous phone calls. However, Professor Bauld has been identified as a legitimate target for criticism by Big Tobacco following her high-profile work on cigarettes and the impact of smoking bans. Her report for the Department of Health last March on the smoking ban in England found that there had been positive benefits to health and no evidence of any obvious negative impact on the hospitality industry, as the tobacco industry has repeatedly claimed.

Imperial Tobacco, the biggest cigarette company in Britain and makers of the best-selling Lambert & Butler brand, responded to Professor Bauld’s report with its own review, called The Bauld Truth. This report, which took just a few weeks to write, claimed that Professor Bauld’s study, conducted over three years, was “lazy and deliberately selective”. It claimed that she used “flawed evidence and failed to validate her findings”.

Professor Bauld said such personalised attacks were nothing new. Big Tobacco has a long history of aggressively dismissing scientific evidence linking smoking to ill health, she said. “These… are heavily peer-reviewed at every stage. Their methods are robust, whereas the evidence [the tobacco companies] draw on are not well-conducted studies,” Professor Bauld said.

More.

Related Situationist posts:

Posted in Deep Capture, Marketing, Public Relations | Tagged: , | Leave a Comment »

The Cultural Situation of Tort Law

Posted by The Situationist Staff on August 7, 2009

Cultural TortsDavid Engel and Michael McCann, have posted on SSRN their introduction to their forthcoming edited volume Tort Law as Cultural Practice.  Here’s the abstract.

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Most scholars would agree that tort law is a cultural phenomenon and that its norms, institutions, and procedures both reflect and shape the broader culture of which it is a part. Yet relatively few studies have attempted to analyze tort law as a form of cultural practice or to address basic challenges regarding the methods or subject matter that are appropriate to such analyses. This essay introduces and summarizes a new volume of interdisciplinary, comparative, and historical studies of tort law in the United States as well as in the United Kingdom, Japan, Italy, India, Thailand, and elsewhere (the volume is entitled Fault Lines: Tort Law as Cultural Practice, Stanford University Press, 2009). The introductory essay contends that culture is not some ‘thing’ outside of tort law that may or may not influence legal behavior and deposit artifacts in the case law reporters. Rather, tort law and culture are inseparable dimensions of social practice in which risk, injury, liability, compensation, deterrence, and normative pronouncements about acceptable behavior are crucial features. Contributors to this volume demonstrate a variety of ways in which tort law’s cultural dimensions can be explored as they write about such topics as causation and duty, gender and race, the jury and the media, products liability and medical malpractice, insurance and the police, and tobacco and asbestos litigation. Their analyses extend far beyond the confines of the tort reform debate, which has until now set the agenda for much of the sociolegal research on tort law.

* * *

To download the introduction for free, click here.  To read a sample of related Situationist posts, see “Situationist Torts – Abstract,” “Mark Lanier visits Professor Jon Hanson’s Tort Class (web cast),” and “Why Torts Die – Abstract.”

Posted in Abstracts, Cultural Cognition, Law, Legal Theory | Tagged: , , , , , , | Leave a Comment »

Dr. David Kessler Waxes Situationist

Posted by The Situationist Staff on July 11, 2009

End of Overeating CoverTara Parker-Pope recently had a terrific article, titled “How the Food Makers Captured Our Brains,” in The New York Times.  Thanks to the many readers who forwarded us the link to this article, recognizing it’s situationist message.  Here are some excerpts.

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As head of the Food and Drug Administration, Dr. David A. Kessler served two presidents and battled Congress and Big Tobacco. But the Harvard-educated pediatrician discovered he was helpless against the forces of a chocolate chip cookie.

* * *

“Why does that chocolate chip cookie have such power over me?” Dr. Kessler asked in an interview. “Is it the cookie, the representation of the cookie in my brain? I spent seven years trying to figure out the answer.”

The result of Dr. Kessler’s quest is a fascinating new book, “The End of Overeating: Taking Control of the Insatiable American Appetite” (Rodale).

During his time at the Food and Drug Administration, Dr. Kessler . . . [was] perhaps best known for his efforts to investigate and regulate the tobacco industry, and his accusation that cigarette makers intentionally manipulated nicotine content to make their products more addictive.

In “The End of Overeating,” Dr. Kessler finds some similarities in the food industry, which has combined and created foods in a way that taps into our brain circuitry and stimulates our desire for more.

When it comes to stimulating our brains, Dr. Kessler noted, individual ingredients aren’t particularly potent. But by combining fats, sugar and salt in innumerable ways, food makers have essentially tapped into the brain’s reward system, creating a feedback loop that stimulates our desire to eat and leaves us wanting more and more even when we’re full.

Dr. Kessler isn’t convinced that food makers fully understand the neuroscience of the forces they have unleashed, but food companies certainly understand human behavior, taste preferences and desire. In fact, he offers descriptions of how restaurants and food makers manipulate ingredients to reach the aptly named “bliss point.” Foods that contain too little or too much sugar, fat or salt are either bland or overwhelming. But food scientists work hard to reach the precise point at which we derive the greatest pleasure from fat, sugar and salt.

The result is that chain restaurants like Chili’s cook up “hyper-palatable food that requires little chewing and goes down easily,” he notes. And Dr. Kessler reports that the Snickers bar, for instance, is “extraordinarily well engineered.” As we chew it, the sugar dissolves, the fat melts and the caramel traps the peanuts so the entire combination of flavors is blissfully experienced in the mouth at the same time.

Foods rich in sugar and fat are relatively recent arrivals on the food landscape, Dr. Kessler noted. But today, foods are more than just a combination of ingredients. They are highly complex creations, loaded up with layer upon layer of stimulating tastes that result in a multisensory experience for the brain. Food companies “design food for irresistibility,” Dr. Kessler noted. “It’s been part of their business plans.”

But this book is less an exposé about the food industry and more an exploration of us. “My real goal is, How do you explain to people what’s going on with them?” Dr. Kessler said. “Nobody has ever explained to people how their brains have been captured.”

* * *

One of his main messages is that overeating is not due to an absence of willpower, but a biological challenge made more difficult by the overstimulating food environment that surrounds us. “Conditioned hypereating” is a chronic problem that is made worse by dieting and needs to be managed rather than cured, he said. And while lapses are inevitable, Dr. Kessler outlines several strategies that address the behavioral, cognitive and nutritional factors that fuel overeating.

Planned and structured eating and understanding your personal food triggers are essential. In addition, educating yourself about food can help alter your perceptions about what types of food are desirable. Just as many of us now find cigarettes repulsive, Dr. Kessler argues that we can also undergo similar “perceptual shifts” about large portion sizes and processed foods. For instance, he notes that when people who once loved to eat steak become vegetarians, they typically begin to view animal protein as disgusting.

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You can watch David Kessler’s Google presentation in the video below.

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For a sample of related Situationist posts, see “The Situation of Food: The Movie,”Our Situation Is What We Eat,” Big Calories Come in Small Packages,” “Common Cause: Combating the Epidemics of Obesity and Evil,” “The Situation of Fatness = Our ‘Obesogenic’ Society,” Innovative Policy: Zoning for Health,” Situational Obesity, or, Friends Don’t Let Friends Eat and Veg,” “McDonalds tastes better than McDonalds, if it’s packaged right,”The Situation of our Food – Part I,” “The Situation of Our Food – Part II,” The Situation of Our Food – Part III,” and “The Situation of our Food – Part IV.”

Posted in Book, Choice Myth, Deep Capture, Education, Food and Drug Law, Marketing, Politics, Video | Tagged: , , , , | 1 Comment »

The Situation of University Research

Posted by The Situationist Staff on May 22, 2008

Image by tom )''( - FlickrToday’s New York Times includes a terrific article, titled At One University, Tobacco Money Is a Secret, by Alan Finder who describes how the tobacco industry continues to situationally manipulate the marketplace of ideas. We’ve excerpted a few excerpts from the story below.

* * *

On campuses nationwide, professors and administrators have passionately debated whether their universities should accept money for research from tobacco companies. But not at Virginia Commonwealth University, a public institution in Richmond, Va.

That is largely because hardly any faculty members or students there know that there is something to debate — a contract with extremely restrictive terms that the university signed in 2006 to do research for Philip Morris USA, the nation’s largest tobacco company and a unit of Altria Group.

The contract bars professors from publishing the results of their studies, or even talking about them, without Philip Morris’s permission. If “a third party,” including news organizations, asks about the agreement, university officials have to decline to comment and tell the company. Nearly all patent and other intellectual property rights go to the company, not the university or its professors.

“There is restrictive language in here,” said Francis L. Macrina, Virginia Commonwealth’s vice president for research, who acknowledged that many of the provisions violated the university’s guidelines for industry-sponsored research. “In the end, it was language we thought we could agree to. It’s a balancing act.”

But the contract, a copy of which The New York Times obtained under the Virginia Freedom of Information law, is highly unusual and raises questions about how far universities will go in search of scarce research dollars to enhance their standing. It also brings a new dimension to the already divisive debate on many campuses over whether it is appropriate for universities to accept tobacco money for research.

* * *

Philip Morris, based in Richmond, is a likely source for Virginia Commonwealth in its hunt for dollars from a finite number of corporations. Among tobacco companies, Philip Morris is the leader in investing in academic research. And for Virginia Commonwealth, expanding ties with its neighbor could produce other benefits like additional grants and support for other university functions.

About a dozen researchers and research ethicists from other universities were astonished at the restrictions in the contract, when they were told about it.

Image by taberandrew - Flickr“When universities sign contracts with these covenants, they are basically giving up their ethos, compromising their values as a university,” said Sheldon Krimsky, a professor at Tufts University who is an expert on corporate influence on medical research. “There should be no debate about having a sponsor with control over the publishing of results.”

* * *

About 15 public health and medical schools no longer accept donations from the tobacco industry, and many major research universities continue to do so only if guaranteed independence to carry out the research and publish the results.

* * *

A tenured scientist at Virginia Commonwealth, who would not be interviewed for attribution because he said he feared retribution against his junior colleagues, called the contract’s restrictions, especially the limitations on publication, “completely unacceptable in the research world.”

For most of the decade, Philip Morris financed conventional research grants, using a scientific panel to select worthy research proposals from professors. The company granted independence to the professors whose work it sponsored and left them free to publish.

Even so, opponents of smoking opposed the grants, arguing that universities should not take money from tobacco companies because of the public health impact of smoking and what they viewed as the industry’s misuse of scientific research.

Last fall, Philip Morris began phasing out this program to switch to developing new products, said Dr. Solana, the company vice president. Some of the new research will be conducted internally, he said, at a new company research center in Richmond, and some will be contracted out to universities and corporations case by case.

The restricted contract with Virginia Commonwealth, Dr. Solana said, was part of what he hopes will be a new and different relationship between the company and universities. But scientists said such restrictions — especially the constraints on publication and what university officials can say publicly — are contrary to the open discussion essential to university research.

“It’s counter to the entire purpose and rationale of a university,” said David Rosner, a professor of public health and history at Columbia University. “It’s not a consulting company; it’s not just another commercial firm.

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The entire article is here. For a sample of related Situationist posts, see “The company ‘had no control or influence over the research’ . . . .,” Deep Capture – Part VII,” “Promoting Smoking through Situation,” “Industry-Funded Research,” “Industry-Funded Research – Part II,” and “Captured Science.”

Posted in Deep Capture, Education | Tagged: , , , , | 1 Comment »

 
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