Tobacco Documents Online

Pege 3 D,RKM NaRNING li>OLUM H 1~e 0 0 g~ 0® 5 Durhsm, North Cawlina I i FTC Rules Cigarette Labels, AdsMust Warn Consumers Of Danger Order Almost Sure To Face Court Action Effective Dates Jan.1 For labels, July 1965 For Ads By BTANLSY t11XfBLBR WASHINCl'ON tAPi - The Fedarel 9Yade Clonunission ls- sutd a rule Wednesday requir• ing tbrt all eigarcate labels and edvertieing wen Amedeans ~ ohin~g ' mey ee~ ~ ~~, asd The order almost eertetnly edll be challenged in rourl. ie leenisg itL the P7C ran eounter to the vlewe of other federal ageneiee. 1fie rule. announced by fom. nvirsiae Chairman Panl Rnnd Dison. will gn into effect in te6! --ae Jan. 1 for labels. on Ju1y l for adverUting Dixee announced the tnla ani tseued ao secanpatWng 1Sf- pege alatmnenl or Hndings as be tettiNed beMre a Heuse Commerce Cmnmitlee lbat Is mnddering a hosl oa biW an dRerehe emeking. 7fie announcement eauFht the eottntd'lee by surprise. Only a da.v earlier. &Irgeon Geneial Wther L. Terry. teatifying for the fleparlment of Health. Ed• ueauoa aad Welfare eatd the agreed to take ths m.tar to the Food and DreX Adminialrslloo. esmts immedlete(y.'• a branch ni HEVY. should have the avthority to regulete dg- aretb lebele. Terry aaid tbe }7C eJmutd regulate advertle~ bwgtel~eli~m W~oW~A h~avi ~ to 6w paated to do thle. The :'1'CM howerer, le an le• dependent regulatorr agency end. unlike the +veVare depart- tneai. sat dlredly undcr the control of the WhRe Housa. Dixon Ineisla; I: 1:.: testi. tnoTMy that tlhe preeent law givee the FTC poarera e both labeling eed edv ertd It totended lo go ahead 1t. Dison, however, recognised that trouNe may lie abead. "No cigarette company bas to follow this rul0 H ttaty+ don't waat to." he Wd. '°ibey een take qde rule to the eearest e.ant and ask for a review. Tm setiofled this will bappea.,' Leter. there wee word that the tobecoo industrq was tadeed M ewm to ehsilettge tLe the courta. Sen. B. Everett Jordan. D•N.C.. said. "I have beea In touch with leadere and repra aeelalivm a[ growera, wara• bousemen and menu[acWren and these Rnup; have already "We e% in -getHng~tbe e~ida~r a~et ~e, fadudng lederal e~onrfa.~~g~ e and the execu- tive branch ot t~ent;' i Jordan ssid. , Under pueeNoeNg. ton had eribnated that If tbeDbtobecee lnduetry choosee to fight the rnle In federal courts, the IitiF• tlon could hold up the rule for about foiv years. Word reached the tobacco. ~w1n~ areasquIetdy. A manu' ~acttaer ia latdegton. I(p., the wrorid's biggat burley tottac¢o market. said. '7t'll be a blow to the entire tobecco Industry. tut' jttet, to the meaulaeturera.•• 70 1Mwe ali0 6d me aleclt fnaebet - vtfh major tob.ao firm etodn iasing aba~t a do~ lar a aYbara. Selare the surprlse ~ bad~ihowe ony ttny ad Di:om told the txmmittee ehe !'rC urelld Ho aheed wit8 w rWe m baesrd~sotlee IabeUep, but eEUfd IDe peJauded to p016. pan Iq rultng ee edverUsing, He eem~ied bsto~ 6~ i[ the eottmUeelon L eonvieeed thed th~ep~bllc bas became emm• pute~ tetormed en tbe bamdo ot antoting bW earJq eiest yese. fhe FTC may+ deelde W 01111. New rule b t~ohery7 ar~ an °whal~s .a9a e ls to do and eksa up Bs owo gehig s& NRtlaing,° Dbroh told the em1F ndltee. 7fie htdWlry sss ad up aa advertlda8 code eod ebavea former New Jeraey 6oe. Robett Megner lo admiof.far it. He would beve wuroe* te Wie vbietors. '!be aode otpps !tu ttol yet beea ad M, (CoDtiaued)

ft- tl ? 80 D 3-3006 (t;ontinued) I1tiRHAM IdORNING VAALD attne 25, 1964 AAdditional trouble may aotrro (tom Congreee. Rep. Oren Herrie. D• Ark., chairmen of the Commerce Comrnutee. questioned whelher Ihe PTC aeluaUy had the legal authorlty to Issue Ite rule. '111he question I would like to develop Is to what extent the comrtdssion can go in directing a business to engage In certain practices It migtu not want to engage in," Harris said. "This is a very Importaot issue which might reqoire some legisiative elerHicatioa" 7fie rule adopted by the FTC alatea "Yt is an unfair or deeep- tive act or practice to fail to disclose. dearl<y and pmmi- aeatly, io all advedtsmg and on every paek, boa, t:erton or other oontainer In which cigarettes are aold to the consuming public that cigarette emoking ie dan. 8eroua to beaith and may cause death from eancer aad other diseases." Cigarette companies are not required to use any specific language in their wamtng,s. ao Iong as the wordmg "inleiligib. ty conveys lire senae of the re- quired disrlosure in a fully con- spicuous fashion." 10 explaining the reaanns for Re rute. the FTC relied heavily an Ihe report of the special ad- VIsnrs committee of the U.S. Public Health Service which conrluded Iast January that eig• erctle emekiag la a ifesafd to health. "Neither the adverlieing nor lhe labeling of any cigarette bae etrr carried a warning af the hazards to health of smoking,' the FTC said. "Nor has there been in thie eountry 'eny extensive educa- ttonal program to inform the publir, and especlally young people. of those denmrs " "On the caotrary;" 'be Fl'G eontinuad, "ae ae luve famd, cigarette advertising has been of euch character and magnl• tude aa to have the effect of obacurlng awareness of the risks to health. 79we. U present conditions of cigarette merehan• dleing continue unchmged, the public lnterrat clearly requires the inciusion in all cigarette ad- vertising of disclosure of the hazards to health of smoking." 9herefore, Ihe FTI: eon• ciuded. "it Is the commission's deternJnation that. In the light of arcurnataaces as they exiet toda,y, the members af the cig• arette indu~ry are under the legal duty to dieclose the health kesarde of cigarette amoking In advertising as well as labeling." In its a.port, the commission said it had decided to postpone lhe effect of Its rule until next year "to encourage voluntary. simultaneously and indastry- wide abandonment of unlawful trade practices." The commission was optinmis- t1c about the future 'The com- mission expects that members of the iadustry will proceed prom ly and in good faith to with compLy the rule," ita m porl said. fie commissinn also anlic- ipales Ihat effective and sia- tained campaigns or public ed• ucalion a-• to the I+eallh hasarda of ciRarelte smN,ing may soon be ondertaken on a large scale by public health agencies, med• tcel and health organirstioes, and indeed by the cigarette in- dustry Itself." Dixon's testimony made It elear that he personally did not expect to receive eom• piiance from the tobacco ia dustry without a legal fight. In its own hearinpa, the FTC heerd tobacco industry lawyers and congressional reprexenu. liaea from tobecco elates quer tion the aanndssloe'e al, thorfty. Tha t,obeeeo Induslry el/taed no witnesses to challenge Ihe findings of the surgeon gen• eral'a repnrl, except toss~y that mrrce research was needed. The commission In ga ahv rule gave the tobatxo btduatry, a possible opening to delay ft July 1, 1965, deadline for 1n. eluding warnings in cigarette advertising. 9te rule etatea tbat it will accept until May 1 of that year any application that seeks to postpone the deadline on the claim that such a post• ponement would be in the publio leterear. All (ive commissioners aup• ported the rule, elthough one, A. Everette Madmyre, filed a separate statement in which he aaid he would have preferred: 1. Ttut the rule on both labe4 ing and advertising be delayed tnnil July !. 146,5 !, 7Uat the rule ee the warning require that cigarette manufacturers use "ao aP proprriate warning to Ibe effect that cigarette smoking Is a health hazard of the nature and to the extent found in the sun geon general's ad%isory com mittee l¢port an 'binoting aad Health." In Ita concluding statement, the oommission report eaid it did not intend "to pass lttdg- meal upon post or present ae- tlons of the cigarette mdustry," "'Rte commission; " It eald, "desires neither to InNct ecoa nomic injury on the dgarette Industry nor to Involve the ,membere of the induetry is cease-anddesist order proeeed• inFs. 7fie commission has thene• fore endearortd in prescribe a program of cnmpliance that will Involve a minimum of em• cerlainty, dislecallon, and formal vnforcement, and at the eame time fully protect the publie interest " During his testimony before the commerce eon+millee. Dls• na defended Ihe rtght af the P7Y~ in imwe the rule.