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ROUGH DRAFT March 18, 1974 Code Authority Television Code Review Board Gentlemen: -~ We represent the major United States cigarette _ ~ manufacturers. This submission is made on their behalf ~ ~ to request that the Code Authority review and consider ~ requiring revision of the anti-smoking television messages ~ ~ prepared by the American Heart Association and which are ~ ~.~ presently carried on numerous television stations, o • .- The two television spots with which we are presently ~ ~ ~ concerned are the following: ~ ~ ~ ~ ~ i. Video: Man blowing up a balloon; cigarette ~ ~ ~ punctures the balloon. ~ ~ i Audio: YOU HAVE ONE HEART ---DON'T BLOW IT! ~ 2. Video: Man riding in railroad car prepares to light cigarette; conductor changes sign from "smoking" to "no smoking;" man lets cigarette fall from lips with expression of dismay. Audio: GO WITH THE SIGN OF THE TIMES --- DON'T SMOKE! ASK YOUR HEART ASSOCIATION FOR THE FACTS ABOUT CIGARETTE SMOKING. The clear implication of both of these messages is that there is an immediate and direct connection between cigarette smoking and heart disease or heart attacks. Because of the absence of reference to any other suspected factors, the inference is left with the viewer that cigarette TIMN 004888'7

-2- smoking is the sole factor in heart disease or heart attacks~ It can be a~ply demonstrated from the recent medical literature, including publications of studies sponsored in whole or part by the ~erican Heart Association that a number of factors have been correlated with the frequency of heart ~isease or heart attacks in h~an populations. Diet, exercise, physical and psychological stress and high blood pressure as well as cigarette smoking have been found~ in some studies to increase the apparent risk of heart disease or heart attacks. This fact is given recognition in the quidelines adopted by the Television Code Review Board for the adver- tising of vegetable oils, margarines, and related products effective January 15, 1974. Guideline 4 states: "Allow a properly qualified reference to coronary heart disease solely in relationship to the three major controllable risk factors --- cigarette smoking, high blood pressure, and serum cholesterol levels." Guideline 5 states: "Exhort advertisers to reference the risk factors of cigarette smoking and high blood pressure when referencing the risk factor of serum cholesterol." In view of the foregoing, we consider that it would be appropriate and fair for the Television Code Review Board to apply similar guidelines to the televising of the aforementioned American Heart Association spots and to TIMN 0048888

-3- require that any mention of smoking in relation to heart disease or heart attacks must be accompanied by references to the other "major controllable risk factors." We shall be happy to provide supporting scientific materials and shall expect to hear from you promptly as to what action you propose to take in response to this request. Yours very truly, PRIVILEGED AND CONFIDENTIAL I~oduced as required by the Court's March 7,1998 Order in State oi Minnesota, et al. v. Philip Mon4_s, et Court File No.: C1-94-8565