Warren Tolman, who’s running against Maura Healey for the Democratic nomination for Attorney General, is promoting his candidacy by touting his defeat of Big Tobacco. Here he is promising to do to the National Rifle Association what he did in the 1990’s to the tobacco industry.
One of Tolman’s allies in the fight against Big Tobacco was law professor Richard Daynard, who at the time was the head of the Tobacco Liability Institute at Harvard. And one of their joint successes was the enactment of the state’s tobacco disclosure law in 1996, the first law of its kind in the nation. The law requires tobacco companies to measure the level of nicotine that is absorbed into the body after smoking a cigarette and also to disclose to the federal government the ingredients (including ammonia, cyanide and DDT) in its cigarette brands.
Tolman is understandably proud of his anti-smoking accomplishments. But here’s a little wrinkle. His one-time ally Richard Daynard believes that the addictive dangers that tobacco companies encourage by selling cigarettes are the same as those the gambling industry encourages by promoting casinos and slot machines. And because of these dangers, Daynard, who is now the head of the Public Health Advocacy Institute at Northeastern, filed an amicus brief with the Supreme Judicial Court supporting the position the casino law should be presented to the voters for possible repeal. An excerpt from his indictment of the gambling industry (the entire brief is available here):
The harm caused by the tobacco industry’s products has been the archetype of a commercial threat to public health, and in considering the introduction of gambling industry casinos into Massachusetts, much can be learned from the object lesson of considering the tobacco industry as a disease vector. The predatory gambling industry shares much in common with the tobacco industry, and the People deserve the opportunity to exclude it from the Commonwealth. For example, casinos employ electronic gambling machines that are designed to addict their customers in a way that is similar to how the tobacco industry formulates its cigarettes to be addictive by manipulating their nicotine levels and other ingredients. Mirroring the tobacco industry’s strategy of creating scientific doubt where none truly exists, the casino industry has co-opted and corrupted scholarship on the effects of gambling through the use of front groups that funnel money to beholden scientists who are able to sanitize its origin. Borrowing another tobacco industry technique of shaping the debate around its products, by creating a misleading lexicon and using euphemisms, the casino industry has tried to influence debate, deflect criticism and mislead the public about its role as a disease vector. And finally, by employing personal and corporate responsibility rhetoric honed by the tobacco industry, the casino industry hopes to gain and maintain social acceptability and stave off litigation, regulation and citizen-driven activism.
Tolman does not support the repeal of the casino law. He believes he can regulate the industry to mitigate its harms. But his former ally Daynard’s position that the two industries present identical perils raises a couple questions: does Tolman disagree with him? If not, why is he willing to let another predator get a foot in the door?