Research Report: Staying in Shape through Lobbying

New Year’s Eve has come and gone and hopefully everyone was able to enjoy some champagne or sparkling wine.  If you are like us, you made some New Year’s resolutions.  In an analysis of the top 2011 New Year’s resolutions, the WSJ cites  Alexander Chernev, an associate professor of marketing at Northwestern University’s Kellogg School of Management: “After losing weight, the top resolutions cited by respondents were exercise more, achieve professional growth and be a better person.”  To show you are not alone in keeping your resolutions, The First Street Research Group decided to see who is lobbying Congress to get Americans  to exercise more.

Overall Highlights

Fitness Organizations

  • 5 organizations from the physical education and fitness industry have been actively lobbying to promote fitness in 2011.
  • Crim Fitness Foundation, Inc., PE4Lyfe and Brunswick Corporation come in at the bottom having spent very little to promote their industry in Washington, D.C., each spending less than $5,000 in 2011 on their lobbying activity.
  • American Alliance For Health, Physical Education, Recreation and Dance has spent $10,000 in 2011 to promote its message but even with this small amount it counts 5 registered lobbyists among its employees who advance the organization’s advocacy.
  • One organization, however, does come in as a big spender for the industry: Beachbody, LLC  (formerly Product Partners, LLC), which has spent $130,000 on its lobbying activity in 2011.  Additionally, Beachbody, LLC has hired 5 lobbying firms and currently has 3 active revolving door lobbyists advocating on its behalf.

Fitness Legislation
In 2011 Congress introduced multiple bills focused on fitness and physical education.  We took a look at 4 important bills that were lobbied.

  • H.R.1057 FIT Kids Act: 66 lobbyists 13 of which are former congressional staffers – lobbied this bill on behalf of 17 organizations.  The organizations that lobbied this bill spent $6,613,518 combined on all of their lobbying activity during the periods in which they lobbied this bill.
  • H.R.2649 Personal Health Investment Today Act of 2011: 11 lobbyists including 1  former congressional staffer lobbied this bill on behalf of 4 organizations.  The organizations that lobbied this bill spent a combined $142,000 on all of their lobbying activity during the periods in which they lobbied this bill.
  • S.576: FIT Kids Act: 59 lobbyists including 13 former congressional staffers lobbied this bill on behalf of 15 organizations.  The organizations that lobbied this bill spent $6,844,065 combined on all of their lobbying activity during the periods in which they lobbied this bill.
  • S.RES.97: A resolution affirming the importance of exercise and physical activity: 3 lobbyists including 1 former congressional staffer lobbied this bill on behalf of 1 organization.  The organization that lobbied this bill spent a combined $28,000 on all of their lobbying activity during the period in which they lobbied this bill.

Fitness Organizations

Crim Fitness Foundation, Inc.
Website: www.crim.org
Lobbying Organization Hired in 2011: Fabiani & Company
Amount Spent on Lobbying in 2011: <$5,000
Issues Lobbied On: Health Issues – “FY12 Labor-HHS Appropriations Act; Health & Wellness/Programs to Treat Adult and Childhood Obesity”
2011 Revolving Door Lobbyists:
Jeffrey Stuart Wiener
Formerly: Legislative Assistant (Armed Services) – Sen. Mary Landrieu (D-LA)

American Alliance For Health, Physical Education, Recreation and Dance
Website: www.aahperd.org
Lobbying Organization Hired in 2011: American Alliance For Health, Physical Education, Recreation and Dance
Amount Spent on Lobbying in 2011: $10,000
Issues Lobbied On: Education – “Elementary and Secondary Education Act; Appropriations” & “Elementary and Secondary Education Act; FIT Kids Act; PHYSICAL Act” & “FIT Kids act, ESEA Reauthorization, PEP funding”

PE4Lyfe
Website: www.pe4life.org
Lobbying Organization Hired in 2011: McAllister & Quinn LLC
Amount Spent on Lobbying in 2011: <$5,000

Brunswick Corporation
Website: www.brunswick.com
Lobbying Organization Hired in 2011: Mrs. Veronica McCann Floyd
Amount Spent on Lobbying in 2011: <$5,000
Issues Lobbied On: Taxation/Internal Revenue Code – ”    R&D Tax Credit strengthening and make permanent – HR 942; 1099 repeal legislation” & “HR 942 – R&D Tax Credit strengthening and make permanent ; HR 1702 – Eliminate Second Home mortgage deduction for a boat” & ”    R&D Tax Credit strengthening and make permanent – HR 942; 1099 repeal legislation”
Legislation Lobbied On in 2011: 112 H.R.942: American Research and Competitiveness Act of 2011; 112 H.R.1702: Ending Taxpayer Subsidies for Yachts A

Beachbody, LLC (formerly Product Partners, LLC)
Website: www.beachbody.com
Lobbying Organizations Hired in 2011:

Hughes Hubbard & Reed
Venable LLP
Akin Gump Strauss Hauer & Feld LLP
Mr. David Gencarelli
Cozen O’Connor Public Strategies

Amount Spent on Lobbying in 2011: $130,000
Issues Lobbied On:

Health Issues – “Government incentives to promote healthy living.”
Defense – “Discussion of DoD fitness standards and use of electronic exercise programs with service chiefs of staff”
Copyright/Patent/Trademark – “Intellectual property issues; internet marketing issues.” & ”    Intellectual property violations and enforcement issues with China.” & “S 1011, Electronic communications Privacy Act Amendments==supporting web-related sanctions and methods for bring legal action against web sites which are selling pirated content.”
Budget/Appropriations – “Deficit Reduction legislation–Medicare provisions relating to wellness”
Consumer Issues/Safety/Protection – “Internet Marketing; Health & Fitness”
Law Enforcement/Crime/Criminal Justice – “Web Anti-piracy legislation–S. 968. Dialogue with professional committee staff about appearing as witness”

Legislation Lobbied On in 2011:

112 H.R.2010: Family and Retirement Health Investment Act of 2011
112 H.R.2649: Personal Health Investment Today Act of 2011
112 H.R.369: Health Savings and Affordability Act of 2011
112 S.174: Healthy Lifestyles and Prevention America Act
112 S.968: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011
112 S.1011: Electronic Communications Privacy Act Amendments Act of 2011

2011 Revolving Door Lobbyists:

Robert Bickhart
Currently: Registered Lobbyist – Cozen O’Connor Public Strategies
Formerly: Finance Director – Republican National Committee; State Director, Eastern Pennsylvania – Sen. Rick Santorum (R PA)
Rob Freeman
Currently: Registered Lobbyist – Cozen O’Connor Public Strategies
Formerly: Deputy Staff Director – Committee on Commerce, Science, and Transportation; Admin. Director – Rep. Ed Whitfield (R-KY)
Howard Schweitzer
Currently: Registered Lobbyist – Cozen O’Connor Public Strategies
Formerly: Chief Operating Officer – Office of the Assistant Secretary for Financial Stability (Department of the Treasury); General Counsel – Export – Import Bank of the United States

Fitness Groups That Lobbied Pre-2011:

Fitness Legislation

112 H.R.1057: FIT Kids Act
Congress: 112th Congress
Purpose: To amend the Elementary and Secondary Education Act of 1965 to improve standards for physical education.
Committee Assignment: Subcommittee on Early Childhood, Elementary, and Secondary Education (Committee on Education and the Workforce)
Sponsor: Rep. Ron Kind (D-WI)

Cynthia Brown
Currently: Registered Lobbyist – Mehlman Vogel Castagnetti, Inc.
Formerly: Chief of Staff – Rep. Ron Kind (D-WI)
Clients that Lobbied H.R.1057: Humana, Inc.
Notable Clients: Astrazeneca Pharmaceuticals LP, America’s Health Insurance Plans, Inc. (AHIP), Koch Companies, Public Sector, LLC, Paypal, Wal-Mart Stores, Inc
Sherry Harper
Currently: Registered Lobbyist – Mehlman Vogel Castagnetti, Inc.
Formerly: Legislative Director (Education and the Workforce Committee, Education, Labor, Welfare, Trade) – Rep. Ron Kind (D-WI)
Notable Clients: Mastercard Worldwide, Globus Medical, Inc.

Co-Sponsors: 84 (76D, 8R, 0I)
Activity/Status: Introduced in House (Referred to Subcommittee)
Lobbyists: 66 Lobbyists, 13 of whom are former congressional staffers, lobbied this bill.
Lobby Activity: 17 organizations lobbied this bill.

Lobbying Firm Client Filing Quarter Amount
American Beverage Association American Beverage Association 2011 3Q $220,000
The Cleveland Clinic Foundation Cleveland Clinic 2011 3Q $180,000
American Heart Association American Heart Association 2011 3Q $142,718
American Diabetes Association American Diabetes Association 2011 3Q $141,000
Bockorny Group, Inc. American Beverage Association 2011 3Q $90,000
Save The Children Federation, Inc Save The Children Federation, Inc 2011 3Q $63,018
NIKE, Inc NIKE, Inc 2011 3Q $60,000
National Association For The Advancement of Colored People National Association For The Advancement of Colored People 2011 3Q $50,000
University of Northern Iowa University of Northern Iowa 2011 3Q $50,000
Trust For America’s Health Trust For America’s Health 2011 3Q $33,500
First Focus Campaign For Children First Focus Campaign For Children 2011 3Q $30,000
Bikes Belong Foundation Bikes Belong Coalition, LTD 2011 3Q $7,000
National Education Association National Education Association 2011 2Q $1,900,102
American Federation of Teachers American Federation of Teachers 2011 2Q $449,453
American Heart Association American Heart Association 2011 2Q $285,660
American Beverage Association American Beverage Association 2011 2Q $240,000
Humana, Inc. Humana, Inc. 2011 2Q $180,000
American Diabetes Association American Diabetes Association 2011 2Q $130,000
Save The Children Federation, Inc Save The Children Federation, Inc 2011 2Q $112,670
Bockorny Group, Inc. American Beverage Association 2011 2Q $90,000
NIKE, Inc NIKE, Inc 2011 2Q $60,000
National Association For The Advancement of Colored People National Association For The Advancement of Colored People 2011 2Q $50,000
University of Northern Iowa University of Northern Iowa 2011 2Q $50,000
Trust For America’s Health Trust For America’s Health 2011 2Q $27,500
Holland & Knight LLP North American Society For Pediatric Gastroenterology, Hepatology and Nutrition 2011 2Q $20,000.00
Bikes Belong Foundation Bikes Belong Coalition, LTD 2011 2Q $8,600.00
Grocery Manufacturers Association Grocery Manufacturers Association 2011 1Q $900,000
American Diabetes Association American Diabetes Association 2011 1Q $310,000
Humana, Inc. Humana, Inc. 2011 1Q $275,000
American Beverage Association American Beverage Association 2011 1Q $240,000
Healthcare Leadership Council Healthcare Leadership Council 2011 1Q $220,000
American Heart Association American Heart Association 2011 1Q $136,997
NIKE, Inc NIKE, Inc 2011 1Q $60,000
National Association For The Advancement of Colored People National Association For The Advancement of Colored People 2011 1Q $50,000
University of Northern Iowa University of Northern Iowa 2011 1Q $50,000
Trust For America’s Health Trust For America’s Health 2011 1Q $28,000
Holland & Knight LLP North American Society For Pediatric Gastroenterology, Hepatology and Nutrition 2011 1Q $20,000
Bikes Belong Foundation Bikes Belong Coalition, LTD 2011 1Q $12,300
Cumulative Amount These Organizations Spent on All Lobbying Activity During The Period They Lobbied H.R.1057 $6,613,518

112 H.R.2649: Personal Health Investment Today Act of 2011
Congress: 112th Congress
Purpose: To amend the Internal Revenue Code of 1986 to treat certain amounts paid for physical activity, fitness, and exercise as amounts paid for medical care.
Committee Assignment: Committee on Ways and Means
Sponsor: Rep. Kevin Brady (R-TX)

Michael Anway
Currently: Registered Lobbyist – Pharmaceutical Research and Manufacturers of America
Formerly: Staff Assistant – Rep. Kevin Brady (R-TX)
Eugene M Irisari
Currently: Registered Lobbyist – Texas Instruments Incorporated
Formerly: Legislative Counsel (Education, Energy, Native American Affairs, Civil Rights, Commerce, Environment, Judiciary, Resources, Transportation, Appropriations, Civil Service, Ways and Means Subcommittee: Oversight) – Rep. Kevin Brady (R-TX)

Co-Sponsors: 10 (5D, 5R, 0I)
Activity/Status: Introduced in House (Referred to Committee)
Lobbyists: 11 Lobbyists, 1 of whom is a former congressional staffer, lobbied this bill.
Lobbying Activity: 4 organizations lobbied this bill.

Lobbying Firm Client Filing Quarter Amount
NIKE, Inc NIKE, Inc 2011 3Q $60,000
International Health Racquet & Sportsclub Association International Health Racquet & Sportsclub Association 2011 3Q $40,000
Healthcare Leadership Council Healthcare Leadership Council 2011 3Q $22,000
Venable LLP Beachbody, LLC (formerly Product Partners, LLC) 2011 3Q $20,000
Cumulative Amount These Organizations Spent on All Lobbying Activity During The Period They Lobbied H.R.2649 $142,000

112 S.576: FIT Kids Act
Congress: 112th Congress
Purpose: A bill to amend the Elementary and Secondary Education Act of 1965 to improve standards for physical education.
Committee Assignment: Committee on Health, Education, Labor, and Pensions
Sponsor: Sen. Tom Harkin (D-IA)

Brian R. Ahlberg
Currently: Chief of Staff – Sen. Tom Harkin (D-IA)
Formerly: Registered Lobbyist – Robert A. Rapoza Associates, Inc.
Jennifer Carrier
Currently: Registered Lobbyist – Dickstein Shapiro LLP
Formerly: Deputy Press Secretary – Sen. Tom Harkin (D-IA)
Notable Clients: Benjamin Moore & Co.
Peter Reinecke
Currently: Registered Lobbyist – Reinecke Strategic Solutions, Inc.
Formerly: Chief of Staff – Sen. Tom Harkin (D-IA)
Notable Clients: AARP, Campaign For Tobacco-Free Kids
Chani Wiggins
Currently: Registered Lobbyist – The Joseph Group, LLC
Formerly: Legislative Assistant, Judiciary, Communications – Sen. Tom Harkin (D-IA)
Notable Clients: Comcast Corporation, The Pew Charitable Trusts, Sprint Nextel Corporation
Kim Zimmerman
Currently: Registered Lobbyist – One Action
Formerly: Legislative Correspondent – Sen. Tom Harkin (D-IA)
Mary Beth Langowski
Currently: Registered Lobbyist – DLA Piper LLP (US)
Formerly: Professional Staff Member (Rural Health Issues) – Committee on Agriculture, Nutrition, and Forestry (Disclosed: “LA, Sen. Harkin/ Senate Agriculture Committee”)
Notable Clients: Pfizer, Inc, Medco Health Solutions, Inc, National Association of Community Health Centers
Edward Long
Currently: Registered Lobbyist – Van Scoyoc Associates
Formerly: Disclosed – “Legislative Director, Senator Tom Harkin”
Notable Clients: Natural Products Association (Formerly-National Nutritional Foods Association), Culinary Institute of America, National Urban League

Co-Sponsors: 14 (14D, 0R, 0I)
Activity/Status: Introduced in Senate (Referred to Committee)
Lobbyists: 59 Lobbyists, 13 of whom are former congressional staffers, lobbied this bill.
Lobbying Activity: 15 organizations lobbied this bill.

Lobbying Firm Client Filing Quarter Amount 
American Beverage Association American Beverage Association 2011 3Q $220,000
The Cleveland Clinic Foundation Cleveland Clinic 2011 3Q $180,000
American Heart Association American Heart Association 2011 3Q $142,718
American Diabetes Association American Diabetes Association 2011 3Q $141,000
Bockorny Group, Inc. American Beverage Association 2011 3Q $90,000
Save The Children Federation, Inc Save The Children Federation, Inc 2011 3Q $63,018
NIKE, Inc NIKE, Inc 2011 3Q $60,000
National Association For The Advancement of Colored People National Association For The Advancement of Colored People 2011 3Q $50,000
University of Northern Iowa University of Northern Iowa 2011 3Q $50,000
Trust For America’s Health Trust For America’s Health 2011 3Q $33,500
First Focus Campaign For Children First Focus Campaign For Children 2011 3Q $30,000
Bikes Belong Foundation Bikes Belong Coalition, LTD 2011 3Q $7,000
National Education Association National Education Association 2011 2Q $1,900,102
Grocery Manufacturers Association Grocery Manufacturers Association 2011 2Q $1,000,000
American Heart Association American Heart Association 2011 2Q $285,660
American Beverage Association American Beverage Association 2011 2Q $240,000
Humana, Inc. Humana, Inc. 2011 2Q $180,000
American Diabetes Association American Diabetes Association 2011 2Q $130,000
Save The Children Federation, Inc Save The Children Federation, Inc 2011 2Q $112,670
Bockorny Group, Inc. American Beverage Association 2011 2Q $90,000
NIKE, Inc NIKE, Inc 2011 2Q $60,000
National Association For The Advancement of Colored People National Association For The Advancement of Colored People 2011 2Q $50,000
University of Northern Iowa University of Northern Iowa 2011 2Q $50,000
Trust For America’s Health Trust For America’s Health 2011 2Q $27,500
Bikes Belong Foundation Bikes Belong Coalition, LTD 2011 2Q $8,600
Grocery Manufacturers Association Grocery Manufacturers Association 2011 1Q $900,000
American Diabetes Association American Diabetes Association 2011 1Q $310,000
Humana, Inc. Humana, Inc. 2011 1Q $275,000
American Beverage Association American Beverage Association 2011 1Q $240,000
Healthcare Leadership Council Healthcare Leadership Council 2011 1Q $220,000
American Heart Association American Heart Association 2011 1Q $136,997
NIKE, Inc NIKE, Inc 2011 1Q $60,000
National Association For The Advancement of Colored People National Association For The Advancement of Colored People 2011 1Q $50,000
University of Northern Iowa University of Northern Iowa 2011 1Q $50,000
Trust For America’s Health Trust For America’s Health 2011 1Q $28,000
Bikes Belong Foundation Bikes Belong Coalition, LTD 2011 1Q $12,300
Cumulative Amount These Organizations Spent on All Lobbying Activity During The Period They Lobbied S.576 $6,844,065

112 S.RES.97: A resolution affirming the importance of exercise and physical activity as key components of a healthy lifestyle, including in combating obesity, reducing chronic disease, and lowering health care costs.
Congress: 112th Congress
Sponsor: Sen. Robert P. Casey, Jr. (D-PA)
Activity/Status: Agreed to in Senate (Unanimous Consent)
Lobbyists: 1 lobbyist, 1 of whom is a former congressional staffer, lobbied this bill.
Lobbying Activity: 1 organization lobbied this bill.

Lobbying Firm Client Filing Quarter Amount
Trust For America’s Health Trust For America’s Health 2011 1Q $28,000

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