Changes

In numerous localities, the ABA partners with U.S. Chamber of Commerce affiliates like the Chicagoland Chamber of Commerce and local chambers like the Seattle Metropolitan Chamber of Commerce or .<ref>Hayat Norimine, [https://www.seattlemet.com/articles/2017/6/5/city-council-approves-soda-tax City Council Approves Soda Tax], ''Seattle Met'', June 5, 2017.</ref><ref>Pete Kotz, [https://www.laweekly.com/news/how-the-us-chamber-of-commerce-became-the-greatest-bumbling-enemy-of-america-4393383 How the Chicagoland U.S. Chamber of CommerceBecame the Greatest (Bumbling) Enemy of America], ''L.A. Weekly'', January 30, 2014.</ref> Statewide retail and grocery groups like Illinois Retail Merchants Association and PA Food Merchants Association have also been active. In Michigan in 2017, farm groups and the [[National Federation of Independent Business]] (NFIB) took a leading role on a state level bill to prevent soda tax initiatives. In Arizona in 2018, a host of business groups including the Arizona Beverage Association, Arizona Retailers Association, Arizona Restaurant Association, Arizona Food Marketing Alliance , and more, worked to pass another state level bill to prevent local soda tax campaigns. More [[#State Preemption of Local Ordinances|See belowfor more]]. ==Broad Anti-Grocery Tax Measures on the Ballot in Washington and Oregon, 2018==  Seattle's soda tax took effect in January 2018. Since then, more kids and adults are drinking water, and it brought in more than $10 million in revenue for use on educational and health programs in its first six months.<ref>Karina Mazhukhina, [https://web.archive.org/web/20180809042753/komonews.com/news/local/seattles-soda-tax-prompts-more-kids-adults-to-drink-water-study-says Seattle’s soda tax prompts more kids, adults to drink water, study says], ''KOMO News'', August 2018, archived by the Wayback Machine, accessed November 30, 2018.</ref><ref>Daniel Beekman, [https://www.seattletimes.com/seattle-news/politics/seattle-soda-tax-brings-in-more-than-10m-in-first-six-months/ Seattle soda tax brings in more than $10M in first six months], ''Seattle Times'', August 8, 2018.</ref> But in February 2018, a committee with the name "Yes! To Affordable Groceries" was launched to make sure the public health measure would not be adopted by any other local governments in Washington. Initiative 1634 was a deceptively simple anti-grocery tax measure that has been run through the corporate spin machine; it opened with the line, "Whereas access to food is a basic human need of every Washingtonian." The soda industry raised over $20 million for the effort, with little organized opposition on the other side.<ref name=rm>CMDEditors, [https://www.exposedbycmd.org/2018/10/16/reporters-memo-coke-and-pepsi-play-hardball-in-attempt-to-prevent-the-spread-of-soda-taxes/ Reporters Memo: Coke and Pepsi Play Hardball in Attempt to Prevent the Spread of Soda Taxes], ''Exposed by CMD'', Oct. 19, 2018.</ref> Initiative 1634 was passed November 6, 2018 by a margin of 56 percent to 44 percent.<ref>Julia Belluz, [https://www.vox.com/policy-and-politics/2018/11/7/18069890/washington-initiative-1634-results-soda-grocery-tax Coca-Cola and Pepsi’s deceptive tactic to stop soda taxes worked in Washington state], ''Vox'', Nov. 6, 2018.</ref> As of November 30, 2018, "Yes! To Affordable Groceries" had raised $22,114,513.97 and spent $20,204,044.02.<ref name=PDC1634>Washington Public Disclosure Commission, [https://www.pdc.wa.gov/browse/campaign-explorer/committee?filer_id=YESTA%20%20015&election_year=2018 YES! TO AFFORDABLE GROCERIES (SEE EMAIL FOR REST OF NAME), 2018], Washington state government agency website, accessed Nov. 30, 2018.</ref> The top donors to "Yes! To Affordable Groceries" were:<ref name=PDC1634/> * The Coca-Cola Company: $10,562,245.13* Pepsico, Inc.: $7,963,710.08* Keurig Dr. Pepper (Fka Dr Pepper Snapple Group, Inc.): $2,393,488.00* Dr. Pepper Snapple Group, Inc.: $911,021.38* Red Bull North America: $59,535.41 Heavy-handed industry tactics were also on display in '''Oregon''' in 2018, where grocers and the ABA raised at least $6.5 million on an overly broad constitutional amendment that would not just have impacted soda taxes but could be read as prohibiting taxes at all stages in the chain of commerce, permanently preventing the state and its cities and counties from levying any taxes related to distribution or sale of groceries. Under the name "Yes! Keep Our Groceries Tax Free!," the ABA kicked in two enormous cash contributions of $500,000 each towards the end of the campaign.<ref name=rm/> The Oregon bill failed on November 6, 2018.<ref>KVAL and AP, [https://kval.com/news/local/oregon-voters-reject-measure-103-104-105-106-grocery-tax-sanctuary-initiative-abortion-measures Oregon voters reject sanctuary status repeal, abortion initiative, grocery tax measure], ''KVAL'' and ''AP'', November 6, 2018.</ref> The top donors to "Yes! Keep Our Groceries Tax Free!" were:<ref>Oregon Secretary of State, [https://secure.sos.state.or.us/orestar/cneSearch.do?cneSearchButtonName=search&cneSearchFilerCommitteeId=19419 Transaction Search Results], Oregon state government agency website, accessed Nov. 30, 2018.</ref> * Wilson Grand Communications: $3,980,604.05* ABA: $3,295,345.71* Albertsons Safeway: $985,917* Kroger: $970,917* Morning in America: $751,243.16 Opponents of the measures on the ballot in Washington were unable to muster the kind of big money wielded by the soda industry. But health groups like the American Heart Association in Oregon have had some success in educating the media and voters.<ref name=rm/> One headline in the ''Seattle Times'' summarized what was on the line for local democracy campaigns: "Vote for this initiative and you may as well bow down to your corporate overlords. "<ref name=rm/>

There has already been preemption of local ordinances related to nutrition in nine at least 12 states(see the "[[Soda tax#State Preemption of Local Ordinances, At Industry's Behest States Move to Ban Local Soda Tax Ordinances|State Preemption of Local Ordinances, At Industry's Behest States Move to Ban Local Soda Tax Ordinances]]" section of the SourceWatch article on [[Soda taxes]] for more). <ref>Grassroots Change, [https://grassrootschange.net/preemption-watch/#/category/nutrition "Preemption Watch,"] April 2, 2018.</ref>

* Arizona, 2018* California, 2018

Recent state level bills interfering with local democracy, banning local food and nutrition ordinances including soda taxes. :

The bill bans an excise tax “on the manufacture, distribution, wholesale sale, or retail sale of food for immediate consumption or nonimmediate consumption.” A host of agricultural interests registered in favor of the bill including the Michigan Farm Bureau, Michigan Sugar Company, Michigan Sheep Producers, Michigan Soybean Association, Michigan Cattlemen’s Association, Michigan Potato Growers and more making it a “farm interests” bill. In addition, the Michigan Manufacturers Association was involved as was the National Federation of Independent BusinessesBusiness. NFIB testified in favor of the bill and was credited by the media as being a major play. NFIB is a large trade association that has worked to preempt paid sick days and city-based minimum wage hikes.

The ABA is getting help from many groups who have been previously involved in preemption battles. Affiliates of the U.S. Chamber of Commerce have been active in local fights along with restaurant and grocers associations. Front group propagator and master propagandist [[Richard Berman]] cut ads in Sante Fe for a State Policy Network “think tank,” prompting an ethics complaint. <ref>Albuquerque Journal, [https://www.abqjournal.com/1003877/freemarket-coalition-funded-video-opposing-soda-tax.html "Free-market coalition funded video opposing soda tax,"] May 16th, 2017.</ref> [https://www.exposedbycmd.org/spn/ State Policy Network] groups have been producing and promoting questionable research saying that the soda tax harms the economy. An ALEC legislator successfully preempted local food and nutrition policies<ref>Public Health Law Center, [http://www.publichealthlawcenter.org/sites/default/files/resources/phlc-fs-KS-pre-emption-resources-WEB-2016.pdf "Kansas’ Kansas' Government Control of Local Food Policies Law,"] 2016.</ref> with an ALEC “[https://www.alec.org/model-policy/food-and-nutrition-act/ model bill]” in Kansas. And the [[National Federation of Independent BusinessesBusiness]], which has been battling paid sick leave ordinances, lobbied in favor of soda tax preemption in Michigan.

 '''<big>2016</big>'''<ref> American Beverage Association, [Paper copy on file at CMD 2016 IRS Form 990], Internal Revenue Service, November 15, 2017. [https://projects.propublica.org/nonprofits/organizations/530025510/201703199349305130/IRS990 Digital copy available from ''ProPublica'' here].</ref>