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Re: Good article, excellent study but has major errors of fact along with less serious omissions

Rick Kropp PO Box 4305 Clearlake, CA 95422 (707) 994-2911 rkropp4@home.com

December 27, 2001

Dear Tobacco Control Editor:

The Landrine, Klonoff, and Reina-Patton’s article “Minors' access to tobacco before and after the California STAKE Act” in the Summer 2000 Supplemental Issue of Tobacco Control is an excellent article summarizing a carefully planned and executed study. Its findings are important to the tobacco control community in general and youth access reduction strategies specifically. It points to the strength of the California STAKE (Stop Tobacco Access to Kids Enforcement) Act, especially compared with many other state Synar-compliance laws.

Unfortunately, the Landrine article contains major errors of fact along with less serious omissions.

The Landrine article states “the California Department of Health Services TCS (Tobacco Control Section) annually collects statewide data on the effectiveness of the STAKE Act. These "youth purchase surveys" are conducted by the authors (EK) (Elizabeth Klonoff) …in 1995, …1996, …1997, and … 1998.”

This is an error. Under a contract with the California Department of Health Services (CDHS) TCS, the former North Bay Health Resources Center (NBHRC) in Petaluma, California organized and conducted the annual statewide “youth purchase surveys” to collect data on the effectiveness of the STAKE Act in 1995 and 1996. Data collected, recorded and compiled by NBHRC was furnished to CDHS/TCS.

In addition, the underage youth participating in the annual surveys, as well as youth acting as decoys in statewide tobacco sales enforcement operations in 1995 and 1996 under the STAKE Act, were also recruited and trained by NBHRC. The youth decoys and their background information were furnished by NBHRC to the Food and Drug Branch of CDHS, the state agency that organized and conducted the STAKE Act’s tobacco sales enforcement operations.

The Landrine article also stated “…many of the stores included in TCS youth purchase surveys have participated in merchant education interventions conducted by TCS, making it difficult to know if the observed decreases are caused by the law and its enforcement or are the result of educating merchants…”

Nearly all merchant education interventions in California were organized and conducted by county public health departments, nonprofit and community-based organizations, and county and regional tobacco control coalitions under funding contracts with TCS. In addition, other youth access reduction activities were organized and conducted by county public health departments, nonprofit and community-based organizations, and county and regional tobacco control coalitions under funding contracts with TCS.

At same time, secular trends, economic trends in the retail tobacco industry, merchant education and public relations activities of the tobacco and retail industries, tobacco-related news coverage in the print and electronic media, national and federal tobacco control activities, and many other intervening variables and confounding factors influenced merchant tobacco selling behavior in California. Finally, the Landrine article failed to mention the STAKE Act was developed, authored and skillfully maneuvered through the California legislature by former State Senator Tom Hayden and his staff. Hayden and his staff insured the STAKE act legislation contained the key elements of a strong tobacco sales enforcement law, even though it did not contain tobacco licensing. Hayden and his staff successfully fought off many efforts to weaken the enforcement and other components of the bill by the tobacco and retail industry lobbyists, including state preemption.

In addition, Hayden and his staff received little if any support from the California tobacco control, public health and medical communities. Also, the STAKE Act was not officially supported by the CDHS/TCS, which, in fact, officially supported another competing Synar-compliance bill. However, Hayden did receive recognition for his efforts when he was awarded the 1995 Tobacco Control Person of the Year by STAT (Stop Teenage Addiction to Tobacco), a national youth tobacco activist organization headquartered in Massachusetts.

My quite belated review and comments on the Landrine article were due to a lengthy series of serious health setbacks and major medical operations I experienced over the last two and a half years. These setbacks and operations led to my recent early disability retirement.

Sincerely,