Tobacco Documents Online

United States pROCEEDINGS AND DEBATES OF TH~ 9Isl CONGRESS, FIRST SESSION L ----_" Vol. 11~ WASHINGTON, WEDNESDAY, JUNE 18, 1969 No, 100 House of Representatives Public tle~Ith Cigarette Smoking Act: By a voice vote, the House passed H,R. 6543, to extend public heahh protection with respect to cigarette smoking. By a record vote of 137 yeas to 262 nays, a motinn to recommit the bill to the Committee on Interstate and Foreign Commerce was rejected, Agreed to the committee amend ments. By a teller vote of 87 yeas to xI4 naysj reiected an amendment to a committee amendment that vn~ald cause the regulations which affect the advertishag provi- sions in the bill to expire on July t, t97:b in lieu of July x, x975; Rejected an amendment that would call for the S~lr- geon General's warning regarding health hazards ill- volved in cigarette smoking, to be used irt all forms of advertising dgarettes; Rejected, by a dlvisioa vote of 35 yeas to 59 nays, an amendment that would prohibit cigarette advertising on any program designed to be viewed or heard by anyone under the age of ~8; Rejected, by a division vote of 42 yeas to 7o nays, an amendment that would cause the Surgeon General s warning regarding cigarette smoking to be placed on both the front and b~ck of the cigarette package; re- jected an amendment to this amendment that would call for the warn!ng to he placed on one side of the" lxackage; By a divlslon vote of 37 yeas o 76 nays, reiec ed an amendment that would cause the average tar and nlco~ tine content per cigarette to be printed on each package of cigaret t~; Re ected an amendment desigtled to prohibit the FCC from banning any cigarette advertising, but under exist- ing authority, may regulate clgarette advertising; Rejected, by a division vote o~ 37 yeas to 59 nays, anaendment that wouldplermlt the Surgeon General s health warning to be included in cigarette advertising; By a division vote of 44 ~eas to 79 nays, rejected an amendment that would assure States that t~roblbit sales of cigarette* to minors would be able to control elgarett~ advertising within the State by including within the ad- vertlslng the 1 anguage that cigarettes are not to be~old to minors; and An amendment that would cause the Secreta~ o~ Agrlcultur¢ to file a report to Congress rdadng to the financial assistance provided by the United States to the tobacco industa'y. ~,¢,~ H ,~v3 t~'4 ,vu,4

June 18, 1969 CONGRESSIONAL RECORD -- HOUSE• pUBLIC HEALTH CIGARETTE SMOKING ACT OF 1D89 Mr. STA~E~S, ~r. Speaker. ][ move that the Holme resolve itself Into the Committee Of the W]ao]e HOlI~ On the StaLe of the Union for the further eon- n]deratl~n of the bill {H,R, ~543) to ex- tend pub~ health protection With re. sDeot to cigarette Rmoldng ~ for 0East l~urpose~. The SPEAKER. The question Is on the motion offered by the ~ent]~man from We*~ Virginia. The mo~lon was ~gre~ed to. • IN ~Z Oo~rrrr~ Or T~rl WHOI~ A¢coredn~I.v the HottBe received itself In'to the Committee Of the Whole Ho~me on the Stat~ o~ the Union for the ;fur kher con~deration of the bill, H~, ~543, with Mr, BROO~ in the ¢ha[r. Tile Clerk read the title of the bill The ~HAIRMAN. When the Corn° mlttee rose on yesterday, th® Clerk had read through I~e~tion !, ending on line 4. page 1 of the biB. If there are no amendment* to this section, the Clerk Will read. The ~'qerk re~d as fol]~w~: H4939 135~) ~ amend~ ~o re~ al ~vl]~wa: "S~. 2. It 1~ thv potl~y ot t~o Congre~, bn~l the purpose of thia act, to e~tabl$1~ ¢omprvhe~lve Federal pro~ra~ ~ ae~l ~th cigarette ]~bellng an~ ~iver~sl~g w~th respect ~ ~ny retatl~n~hlp t~wee~ ~mok]~ ~,lld he~]%h, whereby-- , ~orme~ that ¢~g~rett~ ~m~kin~ m~y be h~z° ~a~ e~ect on each package of ¢~g~rett~s; and .,(2) co~lmerce a~d the ~a~A~n~l ¢c0~omy tent co~te~t with th~ de~l areal po~y a~l ~etwee~ ~n~kln g ~mcl health, "(A) anF roll ~f tob~o ~'app~d In pape~ or ht any ~ubst~¢e ~ot con~ain~g ~bacc~ "(B~ ~F ~oll of ~ba~ ~Tapp~ l~ any sut~tance ~ntaln~g ~b~ w~c~, bVC~ of lt~ ~.ppe~r~nce, th~ type o! tobacco ~d Dk¢ly ~ be Offered to, or purchased by, eo~- ~umer~ ~ a elg~ette de~r~bed ~ ~ubp~ra° .,(~) ~¢ terr~ ,¢~rrm~erce, means (AI ¢om- mer~ be~wee~ any State, th~ D~trlct o~ Oo~umb[a. the C~mon~e~th of ~erto ~o~, Wake L~an~, l~id way L~ands, King. ou~lde thereof~ (B) ~rdm~rce b~tWeon pOI~ ~n a~y S~te. th~ ~tric~ of Col~. b~a. t~ ~mmonwealth of ~1~o ~A~ Guam, th~ VIrg~n ~lsn~s, ~e~c~n Samo~- o~- jolln~t~n Isla~, but through any place ou~,~de ~reof~ or IC) ¢o~er~v Wholly wlth~ th~ District of C~lu~bl~, OU~, the Vlr~l~ I$]~nd~, A~e~icaD Samoa, W~kv ~. land, ~l¢~way |~]ands, Klngraa~ Reel ~r JohnsOn Island "(~) The term ,Untted State~, ~hen ~td ~n a geographical ~en~e. m~tude~ thv ~e~er~ mcn~e~lth o~ Puerto RICO, (~uam, the Vff- ton ~]an~ ~(~) The ~r~ 'packsge' mean~ a p~k~ box Cl~b~eLt e~ are o~ered for sale, ~o1¢~, or other= W~e ~l~trlbu~d to const~ner~ u~l, partnershtp, corporation, or ~ny o~her "S~c. 4~ It sh~ll be unla~u] for any per. ~on to m~f~cgt~e, l~pvrt, ~r p~ckage ~ vale or ~l~t~but~o~ v~ thin t~¢ U~ted 8ts~e~ ~F elgaret~s the package cf wh~vh falls arette ~mok]~g ~ay BO H~rdo~s t~ Tour Health ' SUC~ ~ta~ement Sh~l] be ~ocated in ase and ~l ~ppe~ tD r~nsplcuous ~nd 1~i. b]e tFpe In ¢~ntrast by typo~r ap~y, l~y~t, or ~olor With ot~er prln~ed matter on t~v p~ka~e. • moklng su~ ~ealth Othe~ th~.thv stxte. ~ent r~l~lted by ~ect[o~ ~ 04~ thl~ A~, t]~]l be requirefl on auy cigarette package. "(b) No s~emcn! relat InE to ~mk ing ~nd health ~h&]] be requ[re~ In the ad~ertis]nE of ~F clgarette~ t~e p~K~lg~ ~f which are I

H4940 CONGRESSIONAL RECORD--HOUSE June 18, 1969 labeled lix ¢ordormlty With ule pr0~dslons C*[ The OIffAIl~Mfl.N, The gent~ef~tn WIll a~llendol~i~t No~ ~ ~ ~ ofl[~red this Act, sLa~ It, ~equently, ~thOut Jeopardy, "(c) Except e.s [e otherwl~ provided Irt 6ubsectlolis (a) acid (b), txothhtg la this Act •hall be construed ~ Itm~t, restrict, 0xpaad, or OtherwSse affect, tho authority of tho Fed~ eral UYade Comml~lon with r e~p¢ct to nnfalr or d0ceptlVe ~ts or practlo~ in the sdve¢- ta~{ng of c~garett~. ~ot to amrm or deby the Federal Trade Corn mission's holding that {t had the authority to ieBue trade regulatlo~ • oles or to roQutrc an af~rmat~ve statem~l. in any cigarette advertisement "(d)({) Th~ Secretary ol Health, Educa- tion¸ and Welfare ~l~[t transmit a report to the Congre~ z~ot later th~n eighteen montlts •feer the effectlV0 date of thtB ACt, and a~. nually the~eafteL eoncer~dlt~ (A) curreat in- formation on the health consequences o~ ~moklng and (B) SUCh r~c0~mendatlon~ for [eglslation as he may deem appropriate "l~l The Fe~i~ral Trade Commlss{o~ ~hall tr~r~m[t s report to the Congress not t~ter than elghtoen months after the effe0t{ve da~ of th~s Act, and a~UalLy thereafter, con- c~ruh~g (AI the e~oct~vene&s of c~garette ]abeltng~ (B) current practlcee and methods of ~lgare~t¢ ~dver~tslng and pro~n*tion. ~nd (C) such recommenda~one for legl~t{on as it may dCCm ~ppr0p¢lat~, ,~.u, ¢*. AnF perso~ who v[o{~tes the pzovl* siena of thle Act ~all be guilty of ~ mtE~ delineative dud sha~l ou eo~lvlction thereof bc subject to ~ fine of n~t m~re than $10,000¸ ~.~C 7 The ~ever~l d~st~et c~nrhs of the ~nlto~ St~te~ are InveSted w2th jtt.2s~tcti~j foe ~USe ~howt, to prevent a~d ~straln vlola0on~ vtf thbs Act ~tp*n the application o~ the A~tOeney Oener~ o~ the United Sta te~ w0tlng *~hr oOgh tile several United State, s at. t0rneys {n their ~ever~l districts • 'cieA~rcs ~lt ZXeO~T "SEe. 8 p~ckage~ of cigarettc~ man,fea- tured imported, or packaged (1) for exl~rt fr~ the United ~tat~ or (2) for ¢tellVery to e vessel or aircraft, a~ ~upplle~, toe co~. ~umptlOn beyond the Jurmd~et{~n ~ the l~. ternal revenue law~ of the UvJte~ Ste~ •hall ~ exempt ~rom the r~qulremctl~s ol ~hts Act. but ~uoh ox~mption~ abed] r~ot ap- ply to clgaret~s m~ufa~tured. 1repot too. ot 10eok~ged f~r ~le or distrlbut[ou t~ ~no~bers or u~lt* c~ the Armed For~ of t~e Urdbvd ~t~tcs located outside of the vdlHted State~. "~EpAaA~ zLrr y "SZ~. 9, If ~¥ provision of thts ACt or the appl[~tk0tX ~rcof to a~y pe~ or elf ouro. $~.ue~ l~ held lnv~l~cl ~he Other provl~lon~ of tYd~ ACt ~01.be application of sUCh pI~- v~o~ to othe~ per~ or circumstances r~t~ll not be ~iXected thereby¸ "S~v tO Th~ ACt Shall t~ke eff~at On JulF 1. 196~ - Mr STAGCtER~ (during the re=ca= {ng) Mr. Chairman, I ~k tm~xlmolls exm~ent that the bill be considered as re~ and printed in the Rtcolv and open to amendment at any point The CHAIRMAN Is there ob~eet [0¢1 to the reqtlest Of the gent]em~ fro~a We~t virginia? There was no obj~lon co~mlrr zz ^Mz~t~r~ The CHAII~. The Clerk W~ll re. i~ort 1,he first ¢omn~ttee amenclmertt. "L2te Clerk read as follows: Commttee alt~e~ent: On page 1. beglt~- ixtn~ U~ ut~ ~, of the repot t~ bill ~ t4~e OU~ ~t ~t~ort in lieu thereof "~tlo~ tt through l0 of P~bl[c l~w $~2 (15 ~.S.C, 18~1 1~38) are", PARLI~NTA~r t N f*l~lZ ~ Mr. ADAMS Mr. Chairman, a parlia- mentary Inquiry. ~r. ADAMS. I~'. Challm~an, if the ~Ja~*itdment~s are ~flopb~d ~hat are the 0or~llt~e amendments to the bill, then wou]d amendments by Memb~r~ be in order to th0~ ~ect4ons that Were amended ? The [~HAIF~M~, They would be m~- I~S they amended the torero{tree ~me~dment. Mr. ADAM~. Mr. Chairm~n, that what I Was inquiring abo~t, ~n o~ler word~, an amen~hnent to the 0c~nnfltb~e anlonchne nt wO~]d not be i~ ol~m. If t~lat committee amen~h1~ent were adopted, Therefore, we would ~ requlr~ to offe~ 0Up ~me~idment~ which would go to the s~me s~t{or, and the ~ame lan- ~nla~e prior to the a~pt~ of the corn° m}t~e ~nendment by the Conu~It~e of the Whole~ The CHAYI~MAN. The ~ner~er~t~ ~ho~Id be offered as amendment ~ to the committee amendment~s when submit- ted. Mr. ADAM~. Then. Mr. Ch~drman, on the fir~ committee amendment, we have an amendment, The CHAIRMAN. T~e first commit- tee ~mead~ten~ IS On ~e I, line 6 The quit}on is on the ~ramitb~e ~endmm~t The ¢om[alt ~ amendment was a~re~d to. The ~HAI~MAN. The Clerk wlll ~- l~Ort the next ~mmlt~ ar~¢ndment. The clerk read as follows : Co~tt~ a~adm~nt: On page ~, begln~ Idng i~ ~Ine ?, ~trtke oat ,,,0~uUon; Ciga- ~t~o Smoking M~ ~ Ha~rdoO~ to Your H~alth'" ~Od ~r~ert {~ ]teu the:eof the er~[ E~ I~r~ined That Ctgaret~o ~toko [l~g IS I)angeroo~ to your H~ith ~id ~ay Ca~ Uong Oe~e or Other D~e~.'" The CHAPMAN. Are there a~y ~me~dm~s to th~ ~ommttt~e ~me~c[. men~? a~V~ZNT Or~gzo ~T M~. AUAMS ~0 V~I Mr. ADAMS¸ Mr. Chairman. I offer an amendme~ to ~h~ eomn~ttee ~mend~ ment. Th0 Clerk read ~s follows: Amo~nt offeeed by Mr, A~M~ tO ~he ooau~Itt~e ~dme~t: O~ ~e 4, II~0 15, $~ ~tor the p©~ ~ho ~O~lo~ng new ~n~nce : ,,In the c~se rff a~¥ etga~¢t~ p~ck- ago h~V~ mo~0 ~haJl oa0 SI~. such $~t¢~ ~nt ~hall bo placed oa the tw~ ~Id~t The CF~dRMAN, The ~en~0man of- ~er~ the a~leIldlnent a;s ~n Bmenc~e~t to the ~O~nd eom~dt~ee araendm~t? Mr AD~S Yes, Mr Ohalrman. That Wa~ the reason why I made the p0.r~lao men[~ry Inqulr~, t0 be eer~aln that an ~.me~dr~e~t wh{0h wa~ a ehgnge In [he lan~e of the a~to~l lab~l Itself, On the po~itloning of the label, would not be pa~s~d by and be out of order Lf the ~mmi~e amendment were adopted. Mr. WATSON, Mr. Chairman, I make the polr~t ol order that the amendmen~ to the conu~v ar~endment i~ ~ot order, Inasmu0h as it does not d~r*ctlF relate to the ~w ~e Of the ¢0r~. mltt~ am0ndment. • The CFIAIR~. T1~e Chair wi}l st~t~ that this amendment to ~he eomrr~ttco Mr. ADAM~. Their, ]~r. Ch~.~i~fl~, I ask unanlmotl~ col~crtt to withdraw the ~mendmen~. 2*he CIIAIItMAN' Without objection, it {s s~ ordered. There wa~ no objection. The CHAZI~MAN. The ~ue~tlon is On the eomm{tte~ amendmo~t. The committee ~mendment was agreed The CHAIP~MAN. The Cle~ will re° P~rt the nex~ e~mmlttee e~nendment. The Clerk read as follOWS: COmmittee mmendmer*t: &n ~ 5. tine 4, strike out "noV, att~ I~$cr~ In Lieu t~ert~of • .~or. The oc~nmittee amendment, was agreed to, The CHAIl~MA~ The Clerk will r~- port the next committee mne~drnent. The Clezk read as follows: COU~ldt~.e e~te~dmen~; On pe4ge 6, ~L~lke O~ line ~ tdlcl ln~ert £tt lieu theTeof ~he foIlowing: - .~j. [0. The prOVl~lolx~ of ¢~hl* ACI ~lch affect the regul~t4on of edvorLIMt~ ~hall berth1 n ~te on JUIF ~. lg~. but such ~a- tlon ~b~ll ~o~ be top, treed e~ l~tl~g, ex- pSUdl~g or o~her~L~ ~ot.lng the J~r~lte. ~on of autho~t£ ~h[ch ~o ~ederaa Tr~ COIX~ J~l~10~ 0t ~ Other Fe~le~l ~nc~ h~d prior to the d~te of e~t~er~t o~" tlal~ Aoe' "8~C. 3 T~ eaneadmc~ m~de by th~ Act shall t~ke ¢~¢ct C~ JU~y l. 19~0y Me. TIER,NAN. I~r. CheirnmIL I offer e.n arden dme~t to the ¢0tt~LIt4~ ~l~11d - m0nt The Clerk read as follows: Amendment cffercd by Mr. TZ~I~ to ~ ~on~alCte~ ~namen~: O~ .~A~e ~, lint 4. ~t~lke out .'1975" ~d l~ert IR neu t~ereof Mr TJLERNAJ~T Mr. Chairman, my amendmertt will simpl~ change the period for the enactment of this act from 1975 to 1972. If Members h~,ve taken the time to read the bLIl~ or~ page b we would re~tuire the Secretary of Health, Education, an(t W~I- fare to report to the C0ngre.~ not later than 18 months after the effective date of this act. In that ~ectton it requlre~, fir*t, the current informaUon on health ¢onse- quet~ces of smoking; and second, such recommendations for legislation as he may deem appropriate be sent t~ us wLthltt 18 months eftar the eff~ttve date of this enacttnent. Also on page ~ it re~ quire~ the Federal Trade C~mml~ion to transmtt a repoIt to the congres~ not later than 18 months after the effective date of this act as to the cff~tivene~ of the cigarette labeling; second, the cur- rent practices and methods of cLgarette advertising and proreotion; and third, balch recommendatiolLs for legislation a~ it may deem appropriate, Mr. Chairman, I suggest to~the Mem- bers that since we have heard quite a bit of talk with regard to tile efIor~ of those in favor of this act to have further medical research made and ~t~r ther funeLs appropriated for that purpose, it Is In- cumbent on u*, I believe, to change the length of time that thl~ biU Will be on

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Ju~ 18, 1969 Mr. MO~. Mr. C~ndn~n. X offer an ~mendm0nt. The ~erk read e~ f ol]ov~: Amendment off.red by Mr. M~: On ~%~ 3. line ?, I~mCdlate]y before the len~olon i~e~ "~d in any ¢l~et te ~dvertleeme~t or promotlOn~ ma+~ri~". (Mr. MOSS asked and We~ glv0ll i~gr- zni~lon to levlse and extend hl~ re- inarks.) Mr. MOSS. Mr. ~alrm~n. ~e amend- m0nt before Foil now J~ ]~ ev0ry ~ense the most lmporl~l~ which will be offel~d to thl~ legislation. I point out that the commltLee h~ ad0ptcd, as did the Con- ~rec~. e. label wh$ch makes a JlndL~g ~lat the u~e of cigai~ette~ LS d~gero~ to your health, and that label is pro- pOeed to be vleCed upon the package of eJga~t~s bet ~p0n no Other media o~ advertl$111g or Co~r~tP~.~ing ~ a u~r o~ ~ prospective u~er. If It is a fact~-~nd ~t appears TO be ~e consensus here--th~ the u~ o~ eiga~t~s is dan~ero~ to health, t~en It Is ~ fl~l conviction ~bat a responsible c~mmitt~ wll[ re~re ~hat notice be contained in eve~ single sxivertlSemen~ Or promoflonM Offering brought t~ the attention of the American public. The~ are literally th0~Sends of radio and ~le- ~sh)n Co~merc]a]$ evez~ d~.y, ~nd there ~ m~ny page~ of attractive ads in every media of e~mmunlcatt0ns in this country every day. They are brought f0reefol]y to the att~Dt~on of ~e y01~lg ~Pn 8nd W0~e~ of ~ls Coun~r Who have not Fet sL~rLed t~ u~ eigaretCes. I am pe~c~t]y willing to wrl~ off ~b0se Who h~ve ~h~sdy be('~m e ~h~ ~sve of f~ smoking habit¸ But ~[ am most anxiou~ th~t we do all ~Lhtn our power and all appropriate in ~c exercise of g0w~l* men~l power ~ ~ert Sl~e~C0dl~g gener- ations to J~e Yact th~ they ahould not take ~hat first ~Lep, that ]t i~ dangerous for them to do so, and this amendment would r~ulre that that war~ng be placed on every adverL]sement made¸ It does not act in prejudice to one media as opposed to the Other. It treata all of ~em alike, and I think ~mt any o~er body whSeh had the overwhelming evidence of ~dveree lmp~t upon health Would be required TO be labeled. I know ell the pleas that arc going to be made that thL~ is finally going to in- Jure the mn~l ~obaogo far,mr. You ~uld be surprl~d the burden the mnall ~ObRC~O ~lT~ er h~s berl~ in [he~ hear- lugs. YO~ wo~]d fo~et, ~f FOL~ were to be present or to review the testimony. that the ~mall tObacCo f~rmer has not been as visible at any time as the very large and influenti~ and p0werf~l To- bacco Institute. "l~e Members WJ]l be to]x] about the t~s[]mony Of dLstlngul~hed members of tho modlCal ¢omnlu~Ly before the corn- hilt ~and every one of them ~ffho C~ and I~stlfied Contl~ry [o the c~ear con- ~ct[o~ Of the m~orl~ of organized nlc~l¢lne eRrne there uuder t]l~ ~ponsor- ~hlp of the 'Z~l~ceo Institute. CONGRESSIONAL RECORD- HOUSE to llfform a~d pro~e~t She American non. miming public? I think the latter l~ by far the more worthy objective of this ConU~ttee ~- day. 1 hope the Members will ~opt t~$~ amendment and live ~0 to their respon- • lbillt Jes. Mr, WATSON, Mr. Chairman, I rise hl Oppoeit]o~ to the amendment. Mr Chairman, ~t Is true, as my friend the ~itl~man ~¢ro~ Cedlf0rnla sald, that perhaps this ~trlkes at the ver~ heart of the pl"Obl~l~l We @,re wrestling with, n~a~Co IV whether or not we shall r~u~re the ~dvey~i~D~en ts to ~ICl~de the S~e war'- Jug as we wou~d have mandatorily plaid on the pack ~ge of cigarettes. Mr. Chairman, I think there are at least thee compelling reasons for LO reject (h~ amendment. First, what other legally manufactured product in the United s~es is required to advertise that their prod~et Js no good and the product might YJ]I a user? That is NO. 1. If It le legal b~ manulaeture file product it ~s ]ega] to e~lver tJse It. If We are r~al]y ~nc~z~ 8d with the life ~nd he81th Of 0~r C]~s th~n what about the tbou~nds upon thou~and~ who die in automobile accidents as a result of people driving under the influenee of alcohol? AS a mater 0| fact. t~tl~on'¢ before our committee wa~ that in 40 per- ee~t of the ca~e$ ~,rhere the ¢onditlor~ of the driver win, dete~iaed, the drivers were ~ound to be driving U~der the In- Euenee of 8tco~o] Assuming those Who O~l~0$e cigao ret~e~ and many of them are In favor of outlawing clga~tt~s altogether, but ~ppO~ing everything they contend 1~ tree, 'd~at it cause~ lung cancer and it causes e~npha&ema, and ]t e~se$ fallen arehe~, end all the rest o~ lt~-the indi- vidual who does smoke brings harm only to himself, But wh~t about those Who drink beer and other alcoholic beverages and then get OUt on the highway behind the Wheel of a ear? They not only injure or kill themselves but kilt or injure hi. noaent people. Is there any clamor to bar them or to ben advertising as far aa 0~e intoxieethlg beverege~ are concel~ed? I~t tls be fair ebo~t the proposition. Mr TEAG TTE of California, Mr. ChMr- man, will the gentleman yield? Mr. WATSON. I yield %o the gentle- man from CeHforma. Mr TEAOUE of California. Mr. Chair- ma~ /l~, dc~tor te~s me I ~ave a cho- lesterol problem. AS a result, I should not consurde eggs or milk or ~ce clealn Or b~c~n or dalI~ pz~due(6. ~o I era ton- firming the point the gentleman Js mak* lng Why ehotlld not these prod~ct~ [lave the r,~me label on them as to their danger? Mr. WATSOn. Tbe gentleman flora C~lifornlg, is c~rre~t Where do We StOp~ If we b~gtn here, then we ~Den pandora's box and we have to treat other prob- eros exactly alike. "Fne ~ond reason, ~lde from being unfair a~d an abridgement oi free speech, it is a totally Impractical H 4943 a ~alem," t~nd then ~mledi~lely h~ve the~ ~y, '~]~e SUrgeon Oeneral has de= te ~I~ed that eigaret~ ~nok~g ~ dan. gore,s to ~onr heath ~nd m~v ~,~ lung ¢~ncer or ot~er ~,,? IS that what you p~po~ the ln~u~tr~ d~ -~nd more time degrading l~ proluct thaU trying to sell it? I~t ~ b~ practical Even the Chairman of the Federal C~h'nm~nlc~tion~ C~mmlr~sion hin~elf ~t~ted before the committee that If we pt~ this ~nlendolent for all lnten~s and purpose~ we are barring the ~vertisln~ of any etg~ret~s What company is go- ing ~ pay to have ~n e, dvertl~eme~t which W0UId tell the American peopl¢~ "My prOdUCt will kill you"? ~l~.lly a~d m~t important, in my Opinion, this amendment IS not neces- sary, Even Dr, D~niel Horn, the head of the ~tio~al Clearinghouse for Smok- ing and HC~]th, Pl]b][¢ ~le~th ~ervlee, 5ta~ed bOth in New York and before our committee that we cOuld shout from the rooftops, "smoking ]s harmfuL" and wnUld not be ~e]]lng ~nybody anything that lhey did not know. ]f Mernbers are S+All in doubt, there wa~ a survey t~ken JUne 9 by the Public H~alth Servic~ They a~ked people about tlxts ve~T question The ~urvey revealed that ~0 percent of tho~e who le6ponded said they were aware of the faet that a/llokizlg p@l]la~s may be hazsrdDus to health, yea, my friends, thls is the crUelal question. DO you want to single out thls Industry for d~[l~lina[or~ punishment while beer, wine and other producc~s can continue on their merry way? Treat all alike in the lnter~t of f a]r nez~ Let me plead ~th you Reject this amendment, It is absolutely unneces- sary. Mr ADAMS Mr. Chairman, 1 rl~e in Supl~rt of the alnendn~ent. Thl~ amendment would allow th~ ad- vertising of cigarettes to be handled as other products are handled :[ believe the House shc~lld realize that ~,hat is done with eigareti¢~ is unique when compared to any othe~ pro~]uet in America The gentleman mentioned eggs, but- tar, milk, a~d s~mllar items They have a redeeming fe~tu re to them, in that peo- ple have to eat them in o:der to live, There is no known redcenling feature to oigarett~*s, and ~ do not know of any- body ~ ho came before the comm~Ltee who said one either had to have them to live or that they were good for a person I hope that some of the Members will have the opl>~rtunity to feted the hear- Jngs which took place lust week, The code authority of the broadcasting indus~r~-- a~d th~s ec4ne$ floln memoranda, zlot testimony of the withes~es but menlo- randm--~xarrdned the problem and said this: Cigarette Adwrtlseng OuJdelJnes SH "SH" S~ands for Mr, Helfl.~ch-- opiulor~ed l~at th~ curient policy e4 the ~ub~rlber cle~yanc~ off¢~ ~ servit~g ~o I t~a]d Fes~rday I~h8~ We had a basle requirement, weaken ~he ¢~US$ ~f clge4"~ ~V~r?*~I~ t~]f-regulation t~me ot t~e current a~*d QIle~tlon ~o r~olv~ hel~ ~y: ~ th]~ ~lDpo~e ~he~ ~ o~l]y ~ s~ ~,ttl]ounceo p~p~sed AmerJ~ T~baoo~ ~ercl~a label deaigned o~ly to protoot bhe lndl~- ment of 15 ~onds or ~o duration, What were noted t~ report ot Nov¢~aber 21 mc~t. try ~gain~t ~ablli~y ~use Of ~3ae wouh~ yo~ do? Wolfld you have ~ eo~l- ing with Au~erlcan Toby) ~ e*a~pl~ nature Of their prods, Or ~ it deigned party ~$,y, "I Would WMk B nd[e to smoke th~ er~lon %here Is t~klng place la vtrm~

--~in m m n II

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June 18, 1969 CONGRESSIONAL RECORD--HOUSE H4947 the ~earings In ex~nso, but if Mere- Wc bavc ~. code which the National ~ype to an ad~uinis(ratlv¢ agency, over bets Wl]l refer to page 239 vf tlle hear- lngs of June 10, they Hill find this ]an= gu~ge appearing ~n the confidentfftl nlemorandttTn of the Nat[o~.l ASS0CI~.- tlon of Broadcasters; I)lmculty Ln cigarette edvertlslng Is ~bat ¢oll~merc~Ms which ]~avc sn impact ~pon an adult can ~ot be a~ur~ed l~ lear© unaf- ~ctcd • young v~ew~¢. ~moker ~r otherwise Tile code authority Itself. o1~ pag~ 168 ~lld pa~e 169 oJ[ the ~,fft~ hearing to which I have al]uded, pointed out the dim~lty o[ enforcing Its own regula- tions I~dCCd. i~ the appearaIIc~ tllat Ass~[atJorL o~ Broadcasters has ad- mitted is so ineffective that a number of Its hlg|l onlcla]s have s~lgge~ted the code ~Althorl(y be ~boll~hed ~,n~l that lt.~ functions b~ tral~sferred t~, another agellcy. We have advertising WhiCh Is veI~ clearly dh'ected to ~h~ young people of this 1NatUre, ~t ti~e~ &rid hollrs and on progrRms arid through a~ ~ppeallng cent ent wlllch would Ii~t/llene~ ollr yolln~ people ~ smoke cigarettes a~d t~ke ~p i~he habit I say that one slgnlflcant stride this tills Rgency ~lade before oxlr cor~mltLt~e, ~IOUS~ CR~ L~ke today is to ado!gt an it w~s forced to ~dln[t that on 0n]y amendment Which w~ll prote~t young two ccc~s]ons h~d it been able to take. people from this kind of advertisement. steps or had 1~ taken ~teps to act t~galnst WC have n high duty to ass~e that the ~lgarette advertising which might have regulatory agezlcie~ c]~argcd with re- an undue apPC~ to yo~g persons. It spolls~bi]lty v~ regulating ~r0~deasting Is admitted by the code auth0rRy that 01e :NAB code 18 ineffective lll regul ati~g ~dyertl~[ng [o Iprotect tile ~oollg. II we reler to the same h('arings, on page 150, we will have tJnc do~Urnen~ el the cod~ authority on September 12, 1967--and let nl~ remind this bo)~dy that nothing h~$ }~sppened in the J~f~llm to change I~te truth or the halpaet of tills col~n~ent--~ ~d we find tl~erein & d[e¢~$- slon at some length el the implle~tions o~ cigarette aclverbis[ng g~[d~lhle~, and the~e word~ ~ppear; ~e adult world ~eplcted in clgarett~ ~- ~rtJ~ng very o~ez~ ~s • world to whic~ ~he ~dole~ee~ ¢ ~pJre~ The cowboy ~nd the st¢cl- workvr ~c ~y~b01~ of a m~t~r¢ i~a~e~l~lty bowar<~e w~lc~ he ~trlveS I~iV~la¢lty. ~m~n- ~1~ astac~me~t a~d eucce~s arv ~so ~ery ~esirable ~t~lbUte~ T~ ¢1~ ~'oung p~n, s~okll~g may r~a~ily s~ern to be ~ t roper t~ step thet he~ps ~ran~ccn~ this growlh from ~d~le~e~z~e~ to m~lurity. The funetlo~ of this amendnle~ is not to hlJure the industry. The ft~c~ion el" tills an~endn~en~ is ])e~hap~ to save the h]d~s[ry ~l~)~ lnore grievou$ action ~t a later time. It is very plain that when all U~du~try Jumps it.s adve~tl~ng Item $200 million to $~00 In'Ilion a year beeaus~ vf ~l~e re- quLrenlent~ ¢~f th~ FCC with re~ard to antismekJng ad~rertlsements which ap- pear ~ telcv[slon~ it Ls eoneel~ecl and it J$ i~tueh coneell~etl ab~u~ t]l~ p~rl~uu- tlol~ of the malke~ to which It appvalv. It is very p]ahl, I would ~ay to Ina~y of nly co]]¢agues here, Jf they but look at the adveI~lseme~ts which ~ppear on television, they $411 ~ee with clarity that the advert~sing o~ ~.he cigarette I~du~try ~ppe~ls lo ~lle ~Olll~g pets011. I a~sure my ool)eagues I will not ~ffer ~ubseq~ent amendments, ~nd It Js not lay pu13~ose to offer ~ an~endment which ~vlll d¢~troy the cigarette industry. It I~ 21ty hope this arnendnlei~ w[]l carry and tha~ It wtl] sel~,e ~he publio interes~ by prevclltlng adl erLislilg which will ]ui~ yo~!l~g pco]~le tow [~rd tile clgaret I~ habit, l~et i1~ clisetl~s for a m ~lll t~n t the ~ltil~- ticn in wl~lch we final ourselv¢~ I do ~ot s~ to rescale t}lose alrct~d~v ~tnoklng from tile frolt~ Of their folly¸ I seek on]¥ to ~e~ to It that young persons wl~o ~re i)altlcu]arly vulnerable and subject to the ln~quenee of (11~ ~ ar~ proteoted ~*g~h~s¢ advei[Islng wl~l~h would be dlrevtod to th~, take all reasonable and proper steps to protect young peaple Mal~ In this body would seek Io pro- te~t yollllg people from pol~ography ~1~ that sort ~ publ[catior~ I S~y that for ~he h~alti~l ~n¢l wellar¢ of the yo~lng ped- dle adve~lslng which '~,ot lld lt~duee them to sllloke is 've~ little different In total eff~e~ or~ the II~dtvldu~l from s~laelous material. One leads to degradatic~n of spirit, ~h~ other l~ad~ ~ the most utter l~eMth r~ril. ~o I ~y there I.~ an opI~orlunRy before this body today, we c~ln adopt at* itmendr~¢nt which will ~ot ~[) adver- ~i~n~. which will no~ prevent Rdveltls- lng in any other lnedia, bttt Whlch Will tak~ '~h¢ significant stride forward Of f~sllrlng tha~ dllrJtlg ho~lrs whell yollng p~ple w~ ~iI to~evl~lell a~d on pr ogr~ll~ whtch young peopl~ Watch with partlcu* la~ lnt~r~s~ and particular ~ppeal that adver'u[sing Of ~lg~rett~s will n0~ ~l~l)~ar, ~o that th~ young pe01~l~ Of this Nation will be prolecte4 from ad~ction to clgaret tee. MI¸. lllgOyltILl[o o~ l'lorlll CaIollna, Mr. Chairman, I r~e in opp~sltlo~ t~ the ail~er~dm~nt Mr. ~halrl~181~, I Ilrg~ that this aine]ld~ rnel~ be reJ~l~d. The alnclldmen~ offe~,ed by my friend from Michigan • ~,ou]d gran~, I believe, to the l~eder0*[ Cornm~lntc~tlor~ Conln~[~lc*rt ~ome very broa(l ~l~d eweep[ilg pr~wer~ which ~l~ tmpIe~ed~[l~d. First, I should like I/o ImlIl~ out that the Cl~alrlnal~ o~ ~l~e Federal Con~rt~unl- calloils ~inml~.~lon, in hearl~g~ b~or~ the Cor~mittev on Inl~rstat¢ ~]~d For- e]gn Co~mei~e dll~l~g his t~imo)ly ~e= foy~ put con~m[~t~, exp~e~ed l~is op~ p~sition to proVlglons of this type. He ~ta~ed at th~,t ti~e that I~ ~ou]d be lr~. pl~ctiea] 'u0 enfor¢~ them, lte te~t[fle,:l ~hat l~l~l~tlor~ Of tills type world be ¢~reln~ly difficult ~ &~lm[nister. It Js shl~ply ir~pl~cti¢~l, I believe, lt~ view o~ ~ho listening anal viewJng habits of the American p~l bile ~ecor*d, Mr. Chairman, I should like to point ollt, as ~ the t~tnendment of- fered b,~ the genllcl~lln fror~ MIchigan, hOW would on~ d¢~rm[ne wight a slg- Isifle~n~ iludien~ ~j or wl~a£ Is ~ sllb~ st~ntlf~l number of vlewe~'s? Woulrl that by I~ percept of the viewing a~diel~ce? Or 10 ~reent? Or 75 per~llt? We ~,~r- t, al/lly should no~ ¢le]eg~te ~wer Of thl~ such a tlernendeusly llnport~nt subJ~t as this Third, I wott]d point out to the Meal. I~rs ~hat we should not be un[ler ~IW ll]uslon as to tile result w~lch won]d follow iI such an amendment wcrl~ adopted¸ AS a l~c~ic~l matter, it wo'ald lead ]~lolnptly to the eliminatir, n of f~l] cigarette aiIver [i~ing over r~dio and t~le. ViSion The Conlnlls~lon 11~ ~]re~dy made its Jr~tenl!on el~ar ~t has ~*l~r~oul~ced i~ I~ro~ posed rule to bar II1] cigarette advertising ~ronl radio alld television ~ do Ilot know of aIly valid ba~ls f~r prohibiting ~deel~is]ng oI a proiluet which may lawI'ully be manulacture~l and sold Fir~ally, I ask this question: On what rational ~a~!s can we limit thJ~ grRnt of ~urisd]ctlor~ to eigaret~ ildvertJs]ng aloI~e? It ll~s I~en r~Jtl~d out in the deba~l! here lh~lt thor0 ~r~ mat~y o~h~l~ produe~ ~]]egc~l to I~ hazsrdou~ The Crffllml~lon Is now t~ b~ given the authority to prohibit thl" ~dv~][iein~ of every pr~dllet ~ h]ch ~me g~onp c]ldms to be haza]dous I ~uggest that this anl~ndrnent ,,~ dill [I o])e~ a p~ndora'~ br,~ and It ~]lould be defeated. ~I~¸ BOB WIL~ON. Mr. Chairman, will th~ ge!ltlelnan y]eld~ Mr Br~OYHILL o1" North Car~lina. ! yield to ~,he 8el~t]~mat~. Mr BOB WILSON. I ~ll[nk tile gen~le~ lllar~ ]~85 i~ado ~n Oll~$tandJng st a tel~lent. l wcJU]d like to asso¢ls~e Iny~e]f with Ills ren~a~ks, C[gal ¢~CS ~sid¢ ~or th8 nlo]l]~l/t, le~ 118 ~xanlhle t]l~ Jll/l>act oll ~dver~Jshlg In the abstract l.~lr~. 8 product ',X,, l~as been attacked ~ Oovernment and private grl)ups 88 ~ health hazard ~eeotld, tt reglllatory agerley I~R$ de= ¢]dcd that. therefore, It~ "authority to act is reany a dtlty to act¸" The patt~:rn is quite simple, even tilou~ll tile pr0b]~,nl is complex¸ A stimU- IllS. In this ease geveAi3ment and private ¢]larges~ Js ~ellowed by a ~"es~r~se, the action of a regulatory agency Notice tha~ Cong rer~ [~ nea~]y shor~Ircult~d--aiid so [~ the ~ssulnption of lrlntmt~llee until pl oven guilty On this ~im]~]e Jtleth3~atiol~--and de~ spite the FC(~ discl~lhner~--other pl,odu~t ~lv¢~t~slng ~o~lld ~o ~he Way o~ e[g~lre~tes ~i¸ example: Butter, nlargaline, cooking oils, milk and d~ry pJ'ed~cts contain Cholesterol; fleer an~ wi~e l~e al eoh 01ic b~ve~ age~: IS~t drinks ¢~t/t~[n slight or ar~ifieigl Tootllr)as~e and denigrates eorltalll ~ouride~ Alltom~,bi]e$ have been Called unsafe at ~.ny speed: and Air travel ]1~ b~er~ ttnde~ ~t~k as ~ ha~arll On the basis of this kind 0f reaching, the ~lippl~ the "~ppl~, and ~'ne war re° sist~els have nll~-,ed a goe~l bet l~r they ~u~d logically argue that the ~ shotlld ban Armed Forces reerll[~en~ ~ommel~o ~[~]s [i~lii teic~slen, bel~a i~ wRr is Ilaz~ ardous t,u your health. You will, of c~urse, under~l~nd that I ~.m e~ggero, ting to m~ ~ l~lrl ~. How- j