Tobacco Documents Online

~v~ Cou~ . Nto~o, 14, 197l O{ ~hO1~ ~e ~"~EMORAND~ OF SOU NSEL Following a discussion among counsel for various domestic cigarette manu£acturers, the interpretations set forth in this memora~d~ ~ere reco~e~ded for individual company use as appropriat~ gu;.delines for implementation of the announcement of April 7, [97[, by seven of those man~acturers that in the future their media advertising will depict cigarette packages [~ibiy showing the warning notice that Congress requires on the packages. MEDIA COVERED I. The media referred to are newspapers, magazines and billboards, as ~re set forth in the Industry's submission to the Federal Trade Commission on December 17, 1970, with respect to "tar" and nico~.ne disclosure. These will include ". ; ...... a.l advertising in newspapers, magazines and other periodicals published and distributed i~ the United States, incl~ding newspapers, magazines, a~d other periodicals distri- buted prim.7..rily to members or units of the Armed Forces of the United ~tates located abroad, /_.~ndj in advertisements appearing on billboar;.s in the United States. " Z. Adw:rtisements in "trade publications" are not comprehended within the anncuncernent.

-PRIVILEGED . rue No. ~ "~O~s, DEPICTION OF CIGARETTE PACKAGE ~o~ . L "Pazka~e" shall mean "package or carton." ~. The package shall be depicted so as ie~ib~y ~o show 'Congressionally required health warning in Section 4 of Public Law 9l-ZZZ. POSITIONING ~D PLACEMENT OF PACKAGE L No 5~art~cular format is required for the positioning of the package ia the mdvert[sement. At present it is saggested, however, that the p~nel of the package containing the war~mg notice is to be ~epicted [~ a h,~rizonta[ or slightly angled position so that it appears ~aral[e[ or nervily parallel w[£h the bottom and top edges of adver£isemeat. Z. It is recognized ~hat in some advertisements it may be necessary or desirable to depict package with the Congressional w~rming om a side pane[ of the package other than that on which actually appears, or to invert the warning on its usual side so as to ensure that the language of the ,warning appears legibly ~ manner reasonably suitable for reading. ................................... ~ ~ - Ord~ aari[y the-pa c kag~" 'sho aid" b e dep ~cted" s'o" ~at the ............................................ wara[m~ notice on the package appears separate and apart from the FTC "tar" and :~icot[ne disclosure. It is recogn[zedthat in certain advertisements separation may not always be practicable because ._ of the diverse elements which may constitute the total advertisement 0o43 7

SIZE OF PAC~GE DEPICTION 6~ ~ el~¢e¢~~ No spe,:ific sizes are reco~ended for either the depiction of the package or of the panel on the package bearing the Congressional warning notice. It [s suggested, however, that the size of the warning notice [n the p;tcka~e depiction (whethe~ produced photo~raphically or by type se~[ng or other process) mot be proportionally smaller than results frDm any change in the size of the package depiction from the size ,,f the actual package. In no event shall the size of the warmim~ notice in the package depiction be less tha~ the equivalent of: 6-point type ....... [n newspaper, magazine and other periodiZ ca[ ~dve~[sements not larger tha~ 85 squ~re inc he s. ~/ 8-point type ........ in newspaper, magazine and other periodi- cal advertisements larger than 85 square inches bat not larger tha~ [44 square [aches~ [0-point ty%,e ........ in newspaper, magazine and other periodi- cal advertisements larger tha~ [~ square ~che s. ~/ AlL referea,:es to measurements of advert[se,~ents relate to the overall size or outside dimensions of the advertisement. In the case of full page advertisements in magazines, "overall size" is intended to mean the si~e of the page, irrespective of whether the entire advertising space or margins are utilized for the advertisement (.~. e. , advertisement size equals page size, regardless of ~vhether the advertisement [s "bleed" or "non-bleed."). -0043268

Two (Z") btches ...... on Z4 through 30 sheet billboards and spectacular billboards. Three-qua.'ters (3/4") "of an inch .......... on 3 through 7 sheet billboards. Z7-point type ......... on Z sheet billboards. Z4-point ~ype ......... on i sheet bdlboards and co~uter e~d ~ cards (2[" x 33") ~ 18-point tyi~e on car cards in public transit vehicles, ~ including end cards (other tha~ co~uter ": end cards) and side cards. "LLANEOUS GUIDES FOR PAC~GE DEPICTION cable to all advertisements. ~. I~ ~he d~pic~ton o~ ~he package the Congressional warning no¢ice it bears shall be depicted so as not to depart from the Univers 47 typ~ style, as it appea~s on the package being depicted, whether produced photographically, by type setting, or other process. 2. Irrespe~:%ive of the color utilized for Congressional warning notice on the actual package, in its depiction in any advertisement the depiction shall contain the ~arning notice in a color {including black or white) clearly contrasting with the color of the background so as to ............................... ach[eve.le-gib [l~:y; .................................................................. 3. If more ~han one variety or package o£ cigarettes is depicted in an advertiser.~ent, only one depiction of a package showing the Congressionalv,arnlng notice is required, and depiction of packages ._ may vary i~ size in any advertisement. 0043269