Skip to main content
EVENT TRACKER
Keep track of rescheduled, canceled industry events with our COVID-affected event tracker - Powered by Snap Finance
Close
Sister Publication Links
  • Rubber & Plastics News
  • European Rubber Journal
tb-logo
Subscribe
  • Login
  • Register
  • Subscribe
  • News
    • OPINION
    • CORONAVIRUS
    • AUTO INDUSTRY
    • BUSINESS/FINANCIAL
    • COMMERCIAL TIRE
    • FACTORY FIXES
    • GOVERNMENT & LAW
    • INTERNATIONAL
    • MOTOR SPORTS
    • NEW PRODUCTS
    • RETAIL TIRES
    • SERVICE ZONE
    • SEMA/AAPEX
    • SMALL BUSINESS
    • TIRE MAKERS
    • SPONSORED CONTENT
    • Tire Cologne canceled; rescheduled until 2022
      New round of Paycheck Protection Program funding opens
      Vaccine may usher sense of normalcy
      Cover-up: More retailers requiring face masks to curb COVID
    • Icahn Auto trims fiscal 2020 operating loss despite 14% lower sales
      Oshkosh unit gets contract for new USPS local delivery vehicle
      Sumitomo adds treadwear-detection to 'Sensor Core' toolkit
      New Porsche 911 GT3 to feature Michelin fitment
    • Michelin, BFG, Uniroyal car/LT tire prices going up 8% on April 1
      Rebound in car tire demand drives USTMA market forecast for 2021
      Bridgestone celebrating 90 years as a business in 2021
      Icahn Auto trims fiscal 2020 operating loss despite 14% lower sales
    • TravelCenters plans 6 TA Express sites in California in 2021
      Carlisle TyrFil broadens recycling technology options
      U.K. retreader Vaculug to promote tread rubber supplier Vipal
      TMC moves spring conference online, sets trade show for September
    • USTMA joins coalition supporting passage of Equality Act
      McMahon's Best-One increases its minimum wage to $15
      Oshkosh unit gets contract for new USPS local delivery vehicle
      Conti recalling 94,000 Conti-, General-, Barum-brand LT/SUV tires
    • Rebound in car tire demand drives USTMA market forecast for 2021
      Michelin driving for '100% sustainable' tires by 2050
      Bridgestone celebrating 90 years as a business in 2021
      Yokohama sets ambitious goals through 2023
    • Bridgestone World Solar Challenge canceled due to pandemic restrictions
      Pirelli, Goodyear ink sedan racing series contracts in Canada, Europe
      Goodyear extends partnership with Nürburgring race circuit
      BFG to support ATV/UTV racers in WORCS series
    • Michelin launching ‘eco-responsible' performance tire for sporty EVs
      Martins Industries launches products in 3 categories
      Carlisle TyrFil broadens recycling technology options
      New McLaren supercar incorporates Pirelli's Cyber Tyre system
    • Our View: Goodyear, Cooper deal historic moment in tire history
      McMahon's Best-One increases its minimum wage to $15
      Tire Kingdom treats front-line workers at Palm Beach Gardens hospitals
      Icahn Auto trims fiscal 2020 operating loss despite 14% lower sales
    • Washington dealership uses new-school solution for recruiting auto techs
      Marinucci: Customers may ignore dangerous conditions
      Automotive Lift Institute introduces Check360 inspection, label
      Martins Industries launches products in 3 categories
    • SEMA scholarships and loan forgiveness now available
      WTC hosting webinar Jan. 20 on load-capacity standards
      Denver's Brian Sump named AAPEX Shop Owner of the Year
      DUB, TIS Wheels founder Myles Kovacs is SEMA Person of the Year
    • Trade groups oppose minimum wage increase proposal
      New stimulus package fixes PPP loan confusion
      Vaccine may usher sense of normalcy
      2020 Review: PPP loans give boost to small businesses
    • Rebound in car tire demand drives USTMA market forecast for 2021
      Michelin launching ‘eco-responsible' performance tire for sporty EVs
      Goodyear, Cooper deal creates tire production synergies
      Goodyear promotes Helsel to senior VP, global operations role
    • Sponsored By Yokohama Tire Company
      7 questions to ask consumers when they need tires for a crossover SUV
      Sponsored By Yokohama Tire Company
      Stocking Tires for Crossover SUVs
      Sponsored By AppointmentPlus
      Three Important Lessons Learned for the Tire Business During a Pandemic
      Sponsored By Yokohama Tire Company
      7 questions to ask consumers when they need tires for a crossover SUV
  • SHOP FLOOR
    • BALANCING
    • DEMOUNTING
    • SAFETY
    • TIRE REPAIR
    • TPMS
    • TRAINING
    • VEHICLE LIFTING
    • WHEEL TORQUE
    • Video: Balancing Tire
      Safety tips for wheel balancing
      An introduction to wheel balancing
      Wheel weights: Balancing form with function
    • Video: Demounting
      Tire changer types, tips and trends
      How to clear rim rust and corrosion
      An introduction to demounting, mounting and inflation
    • Video: Safety
      Customers
      Considerations for shop safety policies
      Introduction: Creating a culture of safety
    • Video: Tire Repair
      Essential tools, materials and equipment for tire repair
      An introduction to tire repair
      How to properly patch a puncture
    • Video: TMPS Service
      The life-saving work of TPMS
      An introduction to TPMS service
      The importance of proper relearn procedures
    • Video: Training
      Internship ideas to attract tech talent
      Choosing the right auto service tech school
      Intro: Finding and training technicians
    • Video:Vehicle Lifting
      The gravity of proper lift points
      Safety essentials when using jack stands
      An introduction to lifts and lift safety
    • Video: Wheel Torque
      The importance of torque specifications
      Introduction to proper wheel installation
      Torque check and recheck recommendations
  • Multimedia
    • VIDEOS
    • PHOTOS
    • PODCASTS
  • Events
    • ASK THE EXPERT
    • LIVESTREAMS
    • WEBINARS
    • SEMA LIVESTREAMS
  • Data
    • DATA STORE
  • Resources
    • DIRECTORY
    • CLASSIFIEDS
  • ADVERTISE
  • DIGITAL EDITION
  • Awards
    • Tire Dealer Humanitarian Award
MENU
Breadcrumb
  1. Home
  2. News
November 07, 2003 01:00 AM

Court's pork 'checkoff' ruling could affect tire industry effort (update)

Miles Moore
  • Tweet
  • Share
  • Share
  • Email
  • More
    Print

    WASHINGTON (Nov. 7, 2003) — A federal appeals court's decision declaring the pork industry's “checkoff” program unconstitutional could affect the tire industry's efforts to create a similar program.

    Supporters of a tire industry checkoff, however, feel it could still become a reality—as long as it avoids the pitfalls the pork industry's program fell into.

    The National Pork Producers Council's “Pork—The Other White Meat” marketing campaign is funded by a checkoff, or assessment, of 45 cents per $100 of sales from pork producers. It has been one of the most visible commodity promotions in the U.S. Current law allows Congress to approve such industry programs, allowing involved businesses to promote their products through mutual effort without fear of antitrust sanctions from the Federal Trade Commission.

    However, the Campaign for Family Farms, a Missouri-based coalition of small hog farmers, filed suit in federal court saying they were coerced to contribute to the marketing campaign and that this violated their First Amendment rights.

    A federal district court ruled in favor of the Campaign for Family Farms, and on Oct. 22 the Sixth U.S. Circuit Court of Appeals in Cincinnati upheld the lower court.

    For a number of months, the Tire Industry Association (TIA) has been in negotiations with the Rubber Manufacturers Association (RMA) to obtain an agreement to go ahead with a checkoff that would be funded by allocating 50 cents from every new tire sold for the program. Possible uses for the money include TV, radio and print advertising; educational programs in the schools on tire safety; and research, development and training programs.

    The appeals court decision, however, could have a dampening effect on the tire industry's efforts, said Donald B. Shea, RMA president.

    “One of the key things is that a checkoff program is constitutionally problematic unless there's an opt-out provision,” Mr. Shea said. “They're sending a pretty strong message that you can't have a mandatory checkoff program. Not that they said anything—as they oughtn't to—about a voluntary program.”

    Roy E. Littlefield III, TIA executive vice president, was optimistic despite the court ruling. The decision, he said, “should re-emphasize the need to develop a checkoff program based more on education, research and training than publicity.… (It) gives us good guidelines for what to avoid. We want to make sure this doesn't happen to us.”

    Incoming TIA President Larry Morgan, a staunch advocate of the checkoff, agreed with Mr. Littlefield. “We don't think this will affect our efforts at all,” Mr. Morgan said. “We realized some time ago that the alliance would have to spend a lot of its money, time and effort in consumer education and other things this group (the Pork Producers Council) hadn't done. We knew we couldn't just make it an ad campaign.”

    Unlike the pork producers, Mr. Morgan added, tire industry support for a checkoff program is pretty much unanimous. “I can't envision anyone in our industry being opposed to it,” he said. “Everybody would be a beneficiary.”

    Negotiations between TIA and the RMA on a checkoff program were scheduled to continue in Las Vegas the week of Nov. 4 during the International Tire Expo. TIA's goal is to send a draft to Congress in January, Mr. Littlefield said, but it is still unclear whether that will be possible.

    The Pork Producers Council's checkoff program is the second to be declared unconstitutional in court. In July, another appellate court threw out the Cattlemen's Beef Promotion and Research Board's “Beef: It's What's For Dinner” marketing campaign.

    The Justice Department is ex-pected to appeal that decision to the U.S. Supreme Court. It was unclear at Tire Business' presstime whether the Pork Producers Council would seek a Supreme Court appeal or a review by the entire panel of judges at the Sixth Circuit.

    Letter
    to the
    Editor

    Do you have an opinion about this story? Do you have some thoughts you'd like to share with our readers? Tire Business would love to hear from you. Email your letter to Editor Don Detore at [email protected].

    SIGN UP FOR NEWSLETTERS
    EMAIL ADDRESS

    Please enter a valid email address.

    Please enter your email address.

    Please verify captcha.

    Please select at least one newsletter to subscribe.

    Newsletter Center

    Staying current is easy with Tire Business delivered straight to your inbox.

    SUBSCRIBE TODAY

    Subscribe to Tire Business

    SUBSCRIBE
    Connect with Us
    • Facebook
    • LinkedIn
    • Twitter
    • RSS

    Our Mission

    Tire Business is an award-winning publication dedicated to providing the latest news, data and insights into the tire and automotive service industries.

    tb-logo
    Reader Services
    • Contact Us
    • About Us
    • Site Map
    • Industry Sites
    • Order Reprints
    • Customer Service: 877-320-1716
    Partner Sites
    • Rubber & Plastics News
    • European Rubber Journal
    • Automotive News
    • Plastics News
    • Plastics News China
    • Urethanes Technology
    RESOURCES
    • Advertise
    • Privacy Policy
    • Privacy Request
    • Terms of Service
    • Media Guide
    • Editorial Calendar
    • Classified Rates
    • Digital Edition
    • Careers
    • Ad Choices Ad Choices
    Copyright © 1996-2021. Crain Communications, Inc. All Rights Reserved.
    • News
      • OPINION
      • CORONAVIRUS
      • AUTO INDUSTRY
      • BUSINESS/FINANCIAL
      • COMMERCIAL TIRE
      • FACTORY FIXES
      • GOVERNMENT & LAW
      • INTERNATIONAL
      • MOTOR SPORTS
      • NEW PRODUCTS
      • RETAIL TIRES
      • SERVICE ZONE
      • SEMA/AAPEX
      • SMALL BUSINESS
      • TIRE MAKERS
      • SPONSORED CONTENT
    • SHOP FLOOR
      • BALANCING
      • DEMOUNTING
      • SAFETY
      • TIRE REPAIR
      • TPMS
      • TRAINING
      • VEHICLE LIFTING
      • WHEEL TORQUE
    • Multimedia
      • VIDEOS
      • PHOTOS
      • PODCASTS
    • Events
      • ASK THE EXPERT
      • LIVESTREAMS
      • WEBINARS
      • SEMA LIVESTREAMS
    • Data
      • DATA STORE
    • Resources
      • DIRECTORY
      • CLASSIFIEDS
    • ADVERTISE
    • DIGITAL EDITION
    • Awards
      • Tire Dealer Humanitarian Award