Tobacco Documents Online

NEW YORK T'IMES CSICIIGO AMERICAN Page 8 Nev York, Nev York Chicago, I111nois June 26, 1964 June 25, 1964 COURT F1CHT SEEN ON TOBACCO RULE Heaith. " Warning Label on Cigarette Packages Could Be Delayed for Years NEW BILL IS OFFERED Industry Leader Challenges F.T.C: s Legal Authority to Issue Regulation By Ep.6B.N sttANARAN ep: cul lo flu re- Twl Tdon WASHINGTON. June 25 - Members of Congress and spokesmen far the tobacco le- dustry announced plans today to delay - probably for years -• the actual impositlon of Gov- erament rules requiring that cigarette packages be labeled es dangerous to health. Representative Roy A. Taylor Democrat of North thtrolina• in- troduced legislation postponing the effectlve date of the ad- vertlsinA and labeling regala• Uon belore J an.. 198a. Identlc al Ltlls were also submitted by other tobaccaatate Congtras- men. A spokesman for maJor ciga- relte manufacturers diaclosed. meanwhlle. that the Indusr_w llad detinitely decided to seek court aetion to block imposition of the rules. "if necessary." Indastry ti iew The Industry spokesmen, Boaman dray. chairman of the R. J. Reynolds Tobacco Com• pany did not speci}y what he meant by stating that the In• dustry would oppose the regu• latlon "In the courts If neces• 1t appeared likely, however, that the tnduetry would wait to aee whether or not the proposed }eglslation would be enacted be• lote challenging the Federal Trade Commfsston rule In cocrL The commission set Jan. 1. lggs. as the effective date for qulrkt~gthat tall cigaretle lpack agap, lwtie and csr-tons can• taln a prominent warning that cigarette smn-ktne 'Ynay cause death from cancer and Mher Cigairet l nd ustrY t,~T ~`iD93k 10 FTC 'Health Hazard' Edict BY DANIEL RAPOPORT i would be delayed for a mini- mittee that he figured it wou1Q WASHINGTON NpU-The to• mum of 4 years if it was ever , take a minimum of 4 years for bacco lndustry declared Thurs- i challenged in court. , a United Stales District court, day it will go to court if neces- ~ As the House commerce coln- the Court of Appeals and, pos• sary to block a new government I mittee resumed its hearings ~ sibly. the Supreme court to requirement that cigaret pack- mlo the entire smolrlag•health resolve the case. ages and advertisements carry I rontlvversy, the tobacco indus- I A. M. A. Givev Warning warnings that smoking can be try was reported preparing a ~ The American Medical sasti• fatal• I suit to be hled in Federal court ciaUon's house of delegatej. The statement underscored immediately to tesl the legality I n,eeting in San Franclscol the possibiliry that it ma be I f I q'C y o t m p ober. 4 yearsor more before the Fed• }~liog Came Wedaesday eral Trade commission rulings ~ goes into effeM-if ever. I The FTC ruled Wednesday A spokesman far most of the that cigaret packagea and ad- nation's cigaret manufacturers vertiaemen}s must carry a told a congressional committee I warning that smoking is dan- Thursday t h a t th e Federal gerous and can cause death Trade commission "acted un- l from cancer or olher diseases. lawfully" when it issued its Under the FTC decision- ruling Wednesday. prompted by the January re- Confcress Should Decide' ~ port of the surgeon general's Bowman Gray, board chaa- ~ advisory committee on amok- man of the R. J. Reynolds To- ~ log and health-the require- bacco company, said the indus- + ments on labeling would go try opposed the rule because it into effect Jan. 1, 1965. felt the FTC's warning require- ~ The advertising restrictions ment was "unwarranted" and would go into effect July 1, that in any event the matter I 1955--unless the industry volun- was one that should be decided tarily changed the tahe of its by Congress. : advertisfng and various educa- Earlier, FTC chairman Rand tionai programs had begun to Dixon said there is no doubt in ! take effect with the public. his mind that the requirement I Dixon told the House com- dgarette advertfsing. Is not qulred, he said, It should not echeduled to 90 ir.ta effect until be taken by ay agency of the July 1, 168a. Fedetal Govermnent, but rather Tn testimony before the House by Congrem. Comallmeng d~ tbe~ agency's te~ gal He noted tbat the cotnaUs- ch issue and enforce a~,a labeling repulaprnents authority to such re t}ons. would not preclude state gov- He alsergned that exlstm ernments or even lecal govern- sclentillc evldence does not su g ments from Impoaing restrlc- fH tfons of their own thet might port the commission's con- be different from those of the clualon that smoking is danger- Federal Government. On the oua to health. other band, he said. lf Congress "AII that lhas been suggexted p~ legislatlon It could pre• to date" by vaNous sclentlfic empt lhe field and thus block atudlee, be eald, "ia that imtok, conflicting local rules. Ing over a long period may be Mr. Gray said that 1} the !l~urlous to the 7lealth of e cemmisslon went ahead wtth Its relattvelw small percentage of lans to require Incluslon of a amokers." ~ealtk wamin$ in dgarette ad. The agency bs baad Its verttslng, tt could result, as stand on a study done for the p~cal matter, in an end to $urgeoa CalaerRl of the Unlled all ctgarette advertlaing ° 6tales, Dr. Luther L. Terry. He als.o aald that a Covera• whlch concluded that "dgarette ment regulation e g!he eaoklag is a health haaard" and Inclusion of a w•• !a ed. that there Is a caueal telapon• vertlaing could set a ua ahtp betweea ctgarette emoktng precedent. He Inqulred ther ers~la dlneases" a.nd lung cancer and e airlines might not be required Thus, the IndnsU;v would be resplratory atbnn.ntaM to warn praspective passengers safe !n waiting unlll the ad• Mr. Gray told tlte Nouse In their advertisements of the journment of Cougress later panel that the major ciganette possibility of plane cradtea thtq sununer before mounting manufacturers, for whom be and sellers of dairy products Its legal chnllence. ~t any action believe t~arn their customers of the Agenry ti halkoged evidence that cholesterol, a sub- aecnnd portion 0} the is necessary ut the present tnne stance found in butter and The with respect to cigarette ed• other products, mav lu 1'Jnksd rule. requiring the tncluslon of a rerLisin g or labeting." to heart disease. rnutlonnry Ftatpmcnt in all But tf such action were re- rule. But a statement was made no mention of the FTC adopted recognizing "a signifi• cant relatioaship b e t w e e o clgaret smoking and the ig; cidence of lung cancer." "Cigaret smoking is a serl, ous health hazard," the state- ment added The possibtlityess apppeeared }~gthehate.tme tJds year-ev~ If It has the InclinaUon - to enact legislatbn detaying the effective date of the comtnls• slen'e rule. If so, and if the }ndustr~• lhus ts forced to ask for coult action delaying the fmpoFitlon of the rule, }t appeared certain that the subsequent llrmtatton Would require more than two years and perhaps as much as The oordmission has Indicated that It would tace tomirra: the question of tta aulhoru,• tn promulgate general adarol„7~ and labelfng rules covcrhn„ In qatire industry. lr cure~- . : t]te hligaUon mi~f~t rm Inr somewhat Iesa lhne than 11 would tf the courts also ha•L Io consider whether the emstmc medi¢al evidence supporla thc' oommisafon's ftnding that lt' was dereptive for clgaretu manufacturers to omit heallh, warnings -from their packages ead advertising. Meanwhile, commission o}• flclals noted that they could still proceed with legal com- plaints aeamsl ln.nvwdt-sl ct: e telle concerns for false adt•er• tlsing rlalmsL even ff the courts etay the cffecUve date of thc general advertising and labcl• Ing rule. :.~.t-- -_- - - -