The Problem: For seven years, farmers and growers lobbied Congress for a buyout of their tobacco quota to no avail. Without a coordinated message, significant opposition from a number of different interest groups and the shear cost of the legislation, the tobacco buyout simply was not a priority and died in committee every year. Despite the perennial nature of the legislation, the need for a buyout was virtually unknown to both the Congress and the public at large. In 2003, the major tobacco manufacturers settled an anti-trust lawsuit with tobacco growers, part of which created a fund to help push for the buyout on the grower’s behalf. As the custodians of that grower’s fund, plaintiffs counsel, Howrey Simon Arnold and White retained the Dutko Group to develop a strategy to push for passage of tobacco buyout legislation in the 108th Congress and change the perception of the tobacco issue.
Strategic Recommendation: Serving as the chief tactical and strategic consultants for the campaign, the Dutko Group developed a multi-pronged strategy to put the tobacco buyout on the front burner and get legislation moving through the Congress. The first step was salvaging the elements of the multiple pieces of failed legislation and working with both Republican and Democrat members of Congress, drafting a piece of legislation that both served our client, the growers, but was also politically feasible. After the bill was drafted, the strategy shifted to a very low-key education campaign for members of Congress and their staff to give them a better understanding of the issue without drawing in very well funded opponents of the legislation. As the profile of the issue rose, we immediately began a sophisticated lobbying, media and third-party mobilization effort to make the buyout “must-pass” legislation for the 108th Congress.
Program Elements: · Direct Lobbying—Massive outreach to individual members of the House as well as key committee members and staff to help them understand the need for the buyout.
· Coalition Building—Developed and alliance with members of the health community that had an interest in passing legislation that would allow the FDA to regulate tobacco and coupled our buyout effort with their FDA related measure in the Senate.
· Administration Outreach—Involved the White House, US Department of Agriculture and Office of Management and Budget early-on to get their support for the legislation.
· Retained the public relations firm, Ogilvy Worldwide, and developed a public affairs strategy that included educational materials, print, radio and television advertisements in key US media markets as well as various multi-media CD-ROM movies and vignettes for mass distribution.
· Developed the website—www.fairtobaccopolicy.org—to create a virtual “headquarters” with news and updates, documents and “write-in” and “phone-in” element to supplement out third-party mobilization efforts.
· Retained the public affairs firm of Edelman Inc. and designed a massive grass tops and grassroots “friends and family” campaign that included letter writing and personal conversations with members of Congress by friends, leaders in the business community, governors and other local elected officials.
· Presented local community forums to mobilize tobacco dependent communities to apply pressure to their members of Congress.
Results: After more than 18 months, The Dutko Group succeeded in creating enough political and policy impetus to secure the support of a diverse group of stakeholders in a $10 billion piece of legislation. For months according to local and national media reporting, the tobacco buyout bill would meet the same fate that it had every other session of Congress. Instead, the successful campaign garnered media attention and created the much needed momentum among Congressional leaders and the grass roots community, paving the way for passage of a new tobacco policy. The campaign resulted in more than 11 million media impressions in key Congressional districts throughout the south. Legislatively, by a vote of 280-141 in the House and of 69-17 in the Senate, the 108th Congress passed legislation that included the landmark tobacco buyout provisions that were ultimately signed into law by the President in 2004.
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