Bliley PM
[Presentation Regarding Consumer Protection and Warning Labels]
Abstract
Discusses the widespread adoption of warning labels on product packaging. Argues that official warning regarding smoking "do not stay within the boundaries of fact, but go on to exaggerate or mis-state the facts." Calls the efficacy of statistics into question, noting that one cannot use statistics to "prove a cause-and-effect relationship between smoking and human disease." Notes that the language of warning labels is not clear and confuses consumers. Argues against the possibility of stronger warning labels on U.S. cigarette packages. Points out that health warnings may actually a negative impact, citing youth who are "induced to consume products that bear official cautions."
Fields
- Type
- PRESENTATION
- Named Person
- Fisher, Edwin R., M.D. (Professor of Pathology, University of Pittsburgh, USA)
- Named Organization
- U.S. Congress
- Region
- United Kingdom
- Iceland
- Keyword
- Consumer protection
- Smoking and health
- Causal hypothesis
- Public opinion
- Package design
- Thesaurus Term
- warning label
- legislation
- advertising
- disease
- advertising restriction
- marketing
- legislation
- pathology
- testimony
Document Images
Warning ! !
WITHIN THE TREND OF CONSUMER PROTECTION, MORE AND
MORE COUNTRIES ARE REQUIRING WARNING LABELS TO BE
INCLUDED IN PRODUCT PACKAGING. THE VERBAL
CONTENTS OF SUCH LABELS ON TOBACCO PRODUCTS VARY
RATHER CONSIDERABLY FROM COUNTRY TO COUNTRY.
HOWEVER, THE ESSENTIAL THEME IS GENERALLY THE
SAME, NAMELY, A STATEMENT ON THE ALLEGED HEALTH
CONSEQUENCES OF TOBACCO USE.
CERTAINLY, CONSUMER INFORMATION IS PROPER WHEN IT.
IS FAIRLY AND FACTUALLY PRESENTED. AND, ONE
CANNOT ARGUE AGAINST GOVERN~[ENT'S RIGHT TO
REQUIRE SUCH WARNINGS IF IT DEEMS IT APPROPRIATE.
... ...... ~. ~/ HOWEVER, CONCERNS ARE RAISED WHEN OFFICIAL
~ i, ..~. , FACT, BUT GO ON TO EXAGGERATE OR MIS-STATE THE
• .... . , A HEALTH WARNING ON A CIGARETTE PACK -- OR IN ....
• ' " :~ A STATISTICAL ASSOCIATION ~ETWEE~ TOBACCO USE ~
CERTAIN FORMS OF DISEASE ... IS ONE THAT REFLECTS~/
FACT. HOWEVER, WARNING LABELS THAT GO FURTHER
AND MAKE IT APPEAR SCIENCE CAN PROVE A
CAUSE-AND-EFFECT RELATIONSHIP BETWEEN' SMOKING AND
HUMAN DISEASE ... ARE, AT MOST, OPINIONS OR

BELIEFS, NOT DEMONSTRATED MEDICAL .~0NCLUSIONS.
FURTHER, IF LABELS ARE TO TRULY SERVE THE
CONSUMERS, THEY SHOULD NOT BE OPEN' TO CONFLICTING
OR AMBIGUOUS INTERPRETATIONS. THE AIM ALWAYS
SHOULD BE TO SEEK CLARITY AND AVOID CONFUSION'. IT
IS ESSENTIAL THAT ANY WARNING BE UNDERSTOOD
ACCURATELY BY THE EVERYDAY READER.
~AKE FOR EXAMPLE THE POTENTIAL WHICH EXISTS FOR
DIFFERING INTERPRETATIONS OF A LABEL RELATING
SMOKING TO A SPECIFIC DISEASE. IT COULD MEAN:
I. SMOKING CAUSES THIS DISEASE, OR
2. ONLY SMOKING CAUSES THE DISEASE, OR
3. SMOKING ALWAYS CAUSES THE DISEASE.
A BRITISH PUBLICATION SERVING THE PUBLIC HEALTH
FIELD DEVOTED AN EDITORIAL TO THE PROBLEM OF
OVER-STATING UNPRO~/EN SCIENTIFIC VIEWS. IT SAID
THE RESULT MIGHT BE A "REBOUND OF DISBELIEF." THE
EDITORIAL CALLED ~OR "HONEST CAMPAIGNS" IN
DISCUSSING VARIOUS ALLEGATIONS MADE AGAINST
TOBACCO. "IF WE ARE TO RETAIN THE CONFIDENCE AND
RESPECT OF THE PUBLIC, OUGHT WE NOT TO TAKE THE
GREATEST CARE NOT TO MISLEAD THEM? WREN WE ARE
SEEKING TO INTERFERE WITH THEIR PERSONAL •
-2 -

WarningS!
PLEASURES SUCH AS SMOKING AND EATINg, HONESTY IS
ESPECIALLY IMPORTANT."
IN SOME COUNTRIES WHICH HAVE WARNING LABELS ON
CIGARETTE PACKS, SO~ OFFICIALS ARE ATTEMPTING TO
STRENGTHEN' THE WORDING OR TO REQUIRE A SERIES OF
LABELS -- AS EXISTS IN SWEDEN AND NORWAY. UNDER
THIS APPROACH, SEVERAL DIFFERENTLY-WORDED
WARNINGS ARE EMPLOYED ON A ROTATING BASIS. ONE
PROFESSOR OF MARKETING AT AN AMERICAN UNIVERSITY
SAID "THERE IS NEITHER THEORETICAL NOR EMPIRICAL
SUiPPORT FOR THE PROPOSITION' THAT THE ROTATIONAL
WARNING SYSTEM ... WOULD HAVE ANY POSITIVE IMPACT
ON THE LEVEL OF PUBLIC AWARENESS ABOUT' SMOKING
AND HEALTH ISSUES ... [IT] WOULD BE TOTALLY
ARBITRARY." THE ROTATIONAL LABEL SCHEME WAS USED
FOR A PERIOD OF TIME IN THE UNITED KINGDOM AND
~CELAND, BUT: SUBSEQUENTLY THESE REQUIREMENTS WERE
RESCINDED. - -
IN THE UNITED STATES %~HEN ADDITIONAL CIGARETTE
PACKAGE WARNING LABEL LEGISLATION' WAS: BEING
CONSIDERED IN THeE CONGRESS, AMONG THE WITNESSES
WHO TESTIFIED IN OPPOSITION WAS DR. EDWIN FISHER,
A PATHOLOGY PROFESSOR AND' DIRECTOR OF
LABORATORIES AT A PITTSBURGH HOSPITAL. HE
R'EC0~TED HIS CONGRESSIONAL TESTIMONY DURING A
- 3 -

FILMED INTERVIEW':
Warningl[
[Fisher, p. 6] "The issue at hand was whether
there should be more stringent labelling of the
cigarette package -- more stringent than what
appears. Anecdotal, I may relate to you that the
Congressman in charge of the hearings asked me if
I thought the extant or existing labelling was
satisfactory or not satisfactory. My view was
that I could live with the labelthat is now
present on American cigarettes .... I thought it
was, however, somewhat scientifically inaccurate,
butl could live with it. It was scientifically
inaccurate in that I would have been. much more
pleased to see "Cigarette Smoking May be
Dangerous to Your Health" rather than"Is
Dangerous." The attempt was made, however, to
extend the labelling to include more definitive
pronouncements, which appeared somewhat
p~ntifical. The list was qu.ite large and it was
obvious that the American cigarette package
obviously couldn't contain all the warning."
OTHER WITNESSES QUESTIONED THE WHOLE PREMISE OF
THE LEGISLATIVE PROPOSAL FOR A STRONGER WARNING
LABEL -- A PREMISE WHICH HOLDS THAT THE PUBLIC IS
NOT AWARE OF SMOKING AND HEALTH ISSUES. HOWEVER,
- 4 -

Warning ! !
ACCORDING TO MARKETING EXPERTS, PUBLIC OPINION
SURVEYORS, AND ADVERTISING AGENCY OFFICIALS, THAT
PREMISE IS FALSE. IN FACT, SEVERAL RESEARCHERS
WHO HAVE MADE STUDIES OF ADULT AWARENESS IN
, AMERICA CONCLUDE THAT SMOKING ISSUES ARE BETTER
KNOWN TO THE PUBLIC THAN CRITICAL POLITICAL
CONCERNS. ONE GOVERNMENT AGENCY, KNOWN FOR ITS
OPPOSITION TO TOBACCO, ACKNOWLEDGED A GALLUP POLL
WHICH INDICATED MORE THAN 90 PERCENT OF THE
AMERICAN PUBLIC BELIEVED THAT SMOKING WAS
HAZARDOUS TO HEALTH. A UNIVERSITY PROFESSOR OF
MARKETING CALLED SUCH LEVELS "EXTRAORDINARILY
HIGH -- MUCH H'IGHIER THAN ONE WOULD EXPECT TO
RESULT FROM NORMAL ADVERTISING AND MARKETING
METHODS."
"~-"~ ONE MEMBER OF THE UNITED STATES CONGRESS SAID
• ~ WARNING LABEL LAWS SHOULD NOT BE USED TO PREVENT
• PEOPLE FROM SMOKING. THEIR PURPOSE, HE SAID, IS
~ TO INFORM THE PUBLIC OF SUSPECTED DANGERS. GIVEN
THE LEVEL OF AWARENESS REPORTED, THE CONGRESSMAN
ARGUED THE GOAL HAS BEEN ACHIEVED AND THAT
FURTHER LEGISLATION WOULD BE "BURDENSOME AND
UNWARRANTED."
MUCH OF THE DEBATE ON WARNING LABELS HAS CENTERED
ON THE NEED TO SEPARATE AWARENESS FROM BELIEF. IN.
- 5 -

WarningS!
SHORT, CIGARETTE CONSUMERS APPEAR TO BE VERY
AWARE OF THE ASSERTED HEALTH HAZARDS ABOUT
SMOKING, BUT DO. NOT ALWAYS CHOOSE TO BELIEVE
OFFICIALLY-SPONSORED STATEMENTS.
THERE ARE ALSO FINDINGS WHICH SUGGEST HEALTH
WARNINGS MAY HAVE A NEGATIVE IMPACT. THE
PSYCHOLOGICAL LITERATURE, FOR EXAMPLE, INDICATES
THAT SOME PEOPLE -- PARTICULARLY THE YOUNG -- ARE
POSSIBLY INDUCED TO CONSUME PRODUCTS THAT BEAR
OFFICIAL CAUTIONS. THIS "BOOMERANG" PHENOMENON IS
TRACED TO DEFIANCE OF AUTHORITY FEELINGS. OR, AS
ONE DOCTOR NOTED, "IT' SEEMS TO ME THAT THE PUBLIC
IS INDEED WELL INFORMED ... PERHAPS THEY HAVE
DECIDED THAT THEY WISH TO MAKE THEIR OWN
DECISION."
A U'.S. LABOR UNION ALSO JOINED IN' OPPOSING
ADDITIONAL CIGARETTE PACKAGE WARNING LABEL
LEGISLATION. ITS STATEMENT SOUNDED A NOTE OF
ALARM OVER GOVERNMENT DESIRES TO REFORM THOSE WHO
REJECT OFFICIAL WARNINGS IN MATTERS OF PERSONAL
PREFERENCE. THE UNION' CAUTIONED AGAINST THE KIND
QF GOVERNMENT STRATEGY WHICH DICTATES THAT "IF
THE PEOPLE WON'T BE INFORMED, THEY MUST BE
REFORMED."
-6-

I-C Warningll
THE WARNING LABEL DEBATE SEEMS CERTAIN TO
CONTINUE. ALREADY CERTAIN STANDARDS HAVE BEEN
SUGGESTED. THEY ARE WORTH KEEPING IN MIND. FOR
EXAMPLE, A THRESHOLD TEST IS THAT ANY WARNING
LABEL SHOULD BE BALANCED, FACTUAL, AND ATTRIBUTED
TO AI~PROPRIATE GOVERNMENT AUTHORITY. MOREOVER,
WARNING LABELS ON CIGARETTE PACKS SHOULD NOT
DENIGRATE THE PRODUCT NOR DETRACT FROM THE
PACKAGE DESIGN. THESE ARE VALUABLE COMMERCIAL
ASSETS WIqICH HAVE BEEN ESTABLISHED OVER MANY
YEARS AT CONSIDERABLE EXPENSE TO THE INDUSTRY'S
INVESTORS.
OF COURSE, IT IS NOT POSSIBLE TO PREDICT WITH ANY
ACCURACY WHAT CONTOURS THEWARNING LABEL FUTURE
MAY ASSUME. BUT, IT REMAINS THE INDUSTRY'S HOPE
THAT WHATEVER LAWS OR REGULATIONS EMERGE IN THE
CONSUMER'S INTEREST WILL BE ONES WHICH REFLECT
SCIENTIFIC CONSENSUS RATHER THAN EMOTION OR
POLITICAL PASSION.
- 7 -
