Tobacco Documents Online

ist Session 8E~ATE C~lend~r -<-o. / NO° < PL~gI,!C ~ALYY{ CIG~ETTE SMOI<ING ACT OF 1959 ~ovc~ber , 1969---Ordered to be printe~ , from tho Committee on Commerces the fo i l~,in9 sufmmitted R~PORT [Te accomD~ny E.R. 6563] ~!e Cor~i~tee o~ C0~erc@~ to ~ho~. was reCerred the b£!l (H.R. ~543~ to regtlate the labeling of ci~rei%es, a~d for other purposes, having considered the s~T,e, report favorrbly thereon with amendments and recommend that the ~il! ~s em~ended do pass.

~-~ tO prohibit after January_ i, 197i, all television a-%~ radio b~oade~sting of cigarette advertising. Co~anltt~---- !~ M~es b~z television or after January l, the biKi, as-~eoor~ed_ ' by tqe it unlawful to advertise cigarettes r~dio broadcasting on or 1971; 2. Changes ~:e mandatory wo_e~ng on cig~r~£te packages fz-om "Caution: Cigarette Smokin~ 14~y Be Hazardous ~-o You~ Health" to "Warn~ng: Excessive Cigarette Smoking is Dangerous to ~o-car Lea_ ~, " hea_uL~ reianed reg~llation er ~. Prohibits ~ " " prohibition of clg~re~e a~vert_~ng by any state or local .... '~ ~. Provides shat uhe suspension of the Eederal 9~ade Co~Ai!~sion ~ending ~ propo~e~ trade re~ia- tio~ ~ule ~-~ to re.~=ng cigarette advemtising, prevmously announced by the Comm:issi@n, shall continue in effect for eighteen mo~ths after broadcast advertising of cigarettes has ceased, ~d that if the Conunission desires to renew or IINI

"i %0 initiate ar~y tra~e zequlation rule in may %hereafter detecmine u~on relating to ~%e advemtisinq of cigaretnes, it shall so notify. ~ong~ess to~e~%e~ %~th a full statement of the reasons u~deriyinq such ~roposal; ~nd 5o Continues ~b-e zequlrement ~hau ~e Fedec~l ~d~c~tion~ and ~elfa~e ~eport to Co~gr~ss <~n~ally o~ the question of s~o~ing ~nd health. Zack~round and Neccessitv Of Conq~pssional Aetio~ ~he Federal Cigarette ~ahelim-g and Advertising ~.ct (pu/olic law S9-92) was enacted on July 27, 1965~ ~/%d made effective on January i, 1966. In su~ary th~ act required each c~arette package to bear the wamnlng ";Caution: Cigarette smoking :~ay be hazardous to your health" and barred until January l, 1969, any federal, state or local au~zority from requiring any "statement relating to smoking and healt~ in cigarette ~dvertising." In reconm~ending the imposition of the labeling requirement this Ce~mittee concurred in the judgment of

"'~., the Surgeon General's ~&v~so:cy~- ~ ComJzittee on Smoking .... E~l~% delivered on J~nu~=~v ~z 196~, that "niqarette s~king iea health hazard of s~fficient importance in ~ United States. to ~arrann appropriate remedial action.'~ After extensive he~ri~cs the CoE~ittee con- eluded "while there remained m subst~ntimL nua~er nf i~divldual physlcians--zh~ Co~<ui~tee received testLnony fwo~ 39 of them - ~,~o do not believe that it ~as been &e[aomstr~ted scientifically ~nat smoking c~uses lung c~ncer o: o:her diseases, no prominent medical or mcienhiflc body undert~J.ng a systematic review of ~e evidenoe has reached oonci~sio~s opposed to those of the Surgeo~ Gener~i's Co.~-~tee~ in reconraending a ~tatutory b~r a~ainst mandatory ~,arnlnqs in cigarette advertising, the Committee s~ated. ~'~onsidering the cou~imed impmct of voluntary limitations on advertising under the Cigarette Advertising ~od~ nhe ex~ensive smoki~ edncation c-~mp~igns ~o~v ~nde~ay~ e~d t~e ce~,p~sory w~r~i~g cn the package w~ich ~l! be required under the provisions of nhi~ bill. it wms th~ e~ittee's u~ani~ous judc~.~nt "~h~t no w~r~im~ in cigarette advertising ~hou~d b~ req/uira~ pendiag ~he sho~ing~ that these vigorous, but less drastic, steps have not adequately alerted the public to nhe p0tenti~i hazard ~rom smoking.'~

~o aid Congress in judqing the effectiveness of tb.e ieqisla~ion we have provided for a~ snn~l ~epo~ by the Secretary of ~ca~_h~ Education and Welf~ce ;~concerninq (a) current informazion on the healS% con- sequences oi smoking and {b) such reco~r~endations fox iegislation as he m~y deem &i3pxop~iate." X~ ~ddltiGn, tho 2odcc~l Trade Coc~nission ~$s di~ecte~ to u~ns~i~ an~al reports concerning "'-~ta2 The effectiveness of cig~-rette iabeling~ (b) current practices and met.hods of ciqarette advertisinq and promotion and <e) such re~on~nend~tions for le~isiation ~s it mny dee~ ~ppropriate.~' The ii~<$ Re~>orts Pmrsuant to ~e Con[ression~l ~andate the $~cretary of ~hT has reported to Con[tess on the he~!nh consequences of s~,oking in 1967, 1968 an~ 1969. Follow- in£ are significant conclusions from the H~[ repor~m. ~27~z ~Y~AL~ CO~SEQU~NCES OF ZN~OKE~IG~ 1967, ]968. ~nd 2969 Smokinq m~.d Cardiovascular Disease: i969 - "Further data from prospective studies con- firm the judgment that cigarette smoking is a significant ri~n factor ~nat contributes to the development of coronary

q hemrt dise~se~ mpparently by pro~Lozlng myocardial infarct and c~rdiac ~rrhyth.~iaso'~ !968 - "Becaus~ of ~c_e increasing convergence of epidemiologicai and /nvsio!ogieal findings relating cigarette smoking to coronaz~ heart disease, it is con- cluded that cigarette smoking ca:i contribute to the development of cardiovascular dusease and particuiari~ death from coronary heart disease." 1967 - ~'...evidence not only confirms t[qe fact ~hat ci[~rette smokers have increased death m~tes from coronary heart disease, but ~lso suggests how these deaths may be caused by cigarette smoking.~' '~Ci~arette s~oki~g ~les have a higher coronary heart disease death rate ~nan non~m~ming males." Smokinq and Chronic obstructive Bronehopulmonarv Diseases: (Emphysema and Bronehitls] 1968 - '~AdditionaL /nysioiogical and epidemio- iogic~i evidence confirms the previous findings ~%mt cigarette smoking is the most important cau~e of ehmonic non-neoplastic bronchopmlmona-~7 disemse in the United States~"

-7- 1967 - "it [cigarezte smoking] greatly increases mhe risk of 6_ying not only fmom chronic ..... ~$ hut also fro~ i~ui~lo~amy emphysema." "Even ~ei~tiveiy yonng ci~nretne s:~.ok~rs f~equently have demonstr~bie respiratory sy,z~ptoms and reduction in ventilato.~y function." $mokin~ ~nd Cancer: 1969 - "[,[ore studies have been done zo identify ~_ose substances i~ te~aeco smoke which take ~amt i~ carcinogenesis. %q%ese studies m~y help to defin~ the ergot biomeehanisms involved in the cause and effect relationship between cigarette smoking and l~ng cancer." 1968 - "Additional evidence substantiates the previous findings that cig~reute ~mokin~ is the main cause of lung cancer in z~en. Cigarctte $z%oki~c is causally related to l~mg cancer i~ women..." "S~oking is a significant f~ct0r in the causation of cancer of the larynx and in the development of aancer of the o9~i cavity. " ~[ Reco~end~tio~ s Pursuant to Section 5(d)l of the cigarette L~beiin@ ~nd Advertising Act the Secretary of Health,

-6- ~d~0ation and We!f~=e ~e zne to~io~Ing recommenda- tions to ~he congres~ in his 1968 report: ~i. The warning ~uatcment required ~y the Federal Cigarette Labeling ar.d Advertising Act should be strenguhened. This Depart- ~t wo~!d support ~e wording reco~.ended !asz year by the 2ederal Trade Co~mission, or a suit~£e parap~hr~e of ~ne wordin~o* "~~. ~ni$ warning should he ~eo~ired to be placed not only on ~%e cigsrenhe p~ck~ge but on cigarette vending machines and i:~ all advertis~mentso ~3o Levels of 't~r~ ~ ~ieotine i:~ c!Darette smoke should be published on cigarette packages~ on cigarette vending ~L~chi~e~, &~d i~ all ~dvertis~me~ts. ~t~rization is also needed to ~ke it possible to ~d other h~rm~ul agents to ~&. Appropriations should be ~de to th~ ~eder~i ~r~d~ Co~Lission to permit the Compression to test ~ cigarette ~r~%d~ o~ a quarterly basis ~or 't~' and nicotine ~n~ • ~ther harmful agents in cigarette smoke." :'~e wording reco~ended by the Federal Tra~e Co~mission (Report to Congress, Jr~ne 30, 1967] was 'Warning: Cigarette Smoking is Dangerous to Health and May Cause Death from Cancer and 0~Aer Diseases.;" Fe~£ra~ Trade Commission Re~orts i~e Pederal Trade Commission has also made ti%ree a~nual reports pursuant to the requirements Section 5~D)2 of the Federal Cigarette Labeling ~nd

Advertising Aet~ The foil~ting are significant excerpts from each of these reports. From the 1967 F~C Report "%~ere is virtually no @vidence that the ~ing state~ent on cigaretue packages has had anl~ signific~l%t effect. (p.4) =~ne a-~st recent trend has ~ee~ ~e e~t~nsion of several existing brands into the extra-long ~00 ~m±l~meter length type of cigarette. ~nis trend is Of a serious and disturbing n~t~e since these extra-long cigarettes also ex2ose the smoker to gre~ter a~ounts o~ tar and nicotine, making L~eul potentially more hazardous... (p.7) J'Bec~se cigarette s~oking is so snrongly h&bit-for~ng, it is unlikely that a mild!ll phrased cautionary statement wi±i have any effect on confi~-med cigarette silo][erm. ~or the information Of cigarette smokers, ~e Com~nissio~ favors ma~dato~., labeling of tar and nicotine content on cigarette packages ~,nd in cigarette advertisements and other measures that wiml prompt cigarette manufacturers to develop less hazardous cigarettes. Also, the C0n~ission believes ~]at ~he continual repetition of the warning statement in all

cigarette advertisements a~d on the p~ck~ge will serve as a constant reminder Of ~h~ health hazards; and furt/ner believes that the warning statement should he strengthened° (p.s) "Current elgarette advertisin~ constitutes a stro~g force i~ o~ £ociety to persuade te~age~s to overcome their initial dis~sste for cigarettes. [p.~) "I~tentional or fortuitous, teenagers appear to be a pri~%e target for televised cigarette advertising. (p. 13) "it Sound in 1964 such advertising to contain two principal elements - a portrayal Of the desirability of cigarette smoking and assurances of ~e relative safety Of smoklng. Comparison of the current advertising with the advertising reviewed in "1964 in conjunct±on with the Cm~ission's Trade Regulation ~ule proceeding show~ that there has been no significant change in the bmslc appeals ~ade. Advertising continues to depict smoking as ~n enjoyable activizy while ignoring completely the health hazards. (P. 14 and 15) "...cigarett~ advertisements totally ignore the health hazards posed by smoking. Another aspect of cigarette smoking that is also ignored, ~nd has vital