Industry-Provided Depositions
the United States Senate Report of Proceedings Hearing Held Before Committee on Commerce S. 559 and S. 547 Bills to Regulate Labeling of Cigarettes, and for Other Purposes 650330
User-Contributed Notes
Fields
- Named Person
- Ackerman
- Auerbach
- Bass
- Bell, H.H./Natl Assn, O.F. Broadcasters
- Brown
- Buddy, E.
- Collins, L./Natl Assn, O.F. Broadcasters
- Cramer, M.J./Lorillard
- Dixon, R.
- Foote
- Franklin, B.
- Gleason, J.
- Goldwater
- Gray, B./R.J. Reynolds
- Gunther, J.
- Hill, G.W./American Tobacco, C.O., American Brands
- Hoffman, J.
- Horn, D./Us Public Health Service
- Hueper, W.C./Us Environmental Center, O.F. The Cancer
- Johnson
- Kolodny, J.E./National Assoc, O.F. Tobacco Distributors
- Landis
- Lasker, A.
- Levin
- Magnuson, W.G./Us Comm, O.N. Commerce
- Meyner, R.B./Cigarette Advertising Code
- Miner
- Moore, G.E./Roswell Park Memorial Inst Buffalo
- Morton
- Nobel
- Rogers
- Ross, C.
- Royster, F.S.
- Salber/Harvard Univ
- Saxon
- Skelton, R.
- Sullivan, E.
- Terry, L.
- Warren, L.
- Washington, G.
- X/Us Comm, O.N. Commerce
- X/Psychology, O.F. Selling
- X/Psychology, O.F. Management
- X/Cigarette Advertising Code
- X/Natl Research Council
- X/Harvard Univ
- X/Univ, N.C.
- X/American Psychological Assn
- X/Us Navy
- X/Us Naval Reserve
- X/Fordham
- X/Ny Univ
- X/Columbia Univ
- X/Personnel Development
- X/Us Congress
- X/Dupont
- X/Beatles
- X/Us Government
- X/Brewers Inst, O.F. America
- X/Fcc
- X/R.J. Reynolds
- X/Lorillard
- X/Philip Morris
- X/American Tobacco, C.O., American Brands
- X/Advertising Age
- X/Us Dept, O.F. Health, Education & Welfare
- X/National Academy, O.F. Sciences
- X/Council For Tobacco Research
- X/Us Public Health Service
- X/Parent Teachers Assn
- X/Us Bureau, O.F. Standards
- X/Us Treasury Dept
- X/Natl Assn, O.F. Broadcasters
- X/Television Code Review Board
- X/Radio Code Board
- X/Report, O.N. Smoking + Health
- X/National Assoc, O.F. Tobacco Distributors
- X/Univ, I.L.
- X/Univ, T.X.
- X/Purdue
- X/Oh State Univ
- X/American Economic Assn
- X/Operations Society, O.F. American
- X/Mcgraw Hill
- X/Ford Motor
- X/Safety Council, O.F. America
- X/Frontiers, O.F. Marketing
- X/Thought + Science
- X/Inst, O.F. Management Sciences
- X/Ny State Health Dept
- X/Ny State Univ Buffalo
- X/Roswell Park Memorial Inst
- X/Journal, O.F. The Nci
- X/Natl Bureau, O.F. Standards
- X/Emory Univ
- X/Cancer
- X/Us General Inst For Funds
- X/American Cancer Society
- X/American Cancer Inst
- X/Comm For Research, O.N. Tobacco + Health
- X/Journal, O.F. Cancer
- X/Washington Star
- X/World Health Organization
- X/Surgery Gynocology + Obstetrics
- X/United Nations
- X/Yale Univ
- X/Albany Univ
- X/Us House
- X/Food And Drug Administration
- X/Ny City Dept, O.F. Health
- X/Ny City Board, O.F. Health
- X/American Heart Assn
- X/Ca Medical Assn
- X/Ca State Medical Society
- X/Natl Education Assn
- X/American Assn For Health Physical Edu
- Auerbach
- Type
- DEPO, DEPOSITION TRIAL TRANSCRIPT
- FOOT, FOOTNOTES
- LIST, LIST
- LEGAL
- LIST
- FOOT, FOOTNOTES
- Characteristic
- PARE, PARENT
- Named Organization
- X/National Institutes of Health
- X/Queens College Ny
- X/Federal Trade Commission
- X/American Medical Association
- X/Surgeon General S Advisory Committee
- X/American Marketing Association
- X/National Cancer Institute
- X/American College of Chest Physicians
- X/Queens College Ny
- Litigation
- 10004034
- Author
- Bass, F.M./Purdue Univ Lafayette
- Bell, H.H./Natl Assn, O.F. Broadcasters
- Beyrer, M.K./American Assn For Health Physical Edu
- Crissey, Wje/Mi State Univ East Lansing
- James, G./Ny City Health Dept
- Jordan, B.E./Us Senate
- Lane, Z./National Assoc, O.F. Tobacco Distributors
- Meyner, R.B./Cigarette Advertising Code
- Moore, G.E./Roswell Park Memorial Inst Buffalo
- Wasilewski, V.T./Natl Assn, O.F. Broadcasters
- X/Us Comm, O.N. Commerce
- Bell, H.H./Natl Assn, O.F. Broadcasters
- Date Loaded
- 26 Mar 1999
- Request
- 30
- Attachment
- 619035
- Brand
- Camel
- Springtime
- Winston
- Springtime
Document Images
bl 1 1045
(
(
(_
(_
The Chairman.
Thank you very much.
The next witness is Governor Robert Meyner, who is well
known to all of us in the Senate• Mr. Meyner is now the
Administrator of the Cigarette Advertising Code, with offices
in, appropriately, 51 Madison Avenue, New York City.
STAT~IENT OF GOVERNOR ROBERT B. MEYNER, ADMINISTRATOR,
CIGARETTE ADVERTISING CODE, NEW YORK CITY.
Mr. Meyner. Where Madison Avenue begins, Mr. Chairman.
The Chairman. We would be glad to hear from you.
Do you have a prepared statement?
Mr. Meyner. Yes, sir. I have with me Mr. Joseph Hoffman.
The Chairman. We are glad to have you here, too.
Mr. Meyner. I might say that this code was drawn up
earlier this year. It was announced in April. In May I was
asked whether I would act as the impartial administrator.
In July I was hired by the Cigarette Advertising Code. In
late September I set up an office, and the effective date
of the code was January i, 1965. Q9
I have been working with a small staff, and I have
been endeavoring to live up to the Code As I say in my
•
statement, I hold a strict conception of my job. I am a
judge, as it were, and the Code is my statute. My assignment
is to construe and enforce it, diligently and impartially.
I do not see myself as an image-maker for, or a detractor
of, the industry nor is it my business to increase the sales
(
(
L
bl 2
1046
of cigarettes or to depress them.
I might point out that the Code has two objectives
which are quite like the objectives sought for in the
bill,
Number one, by very many specific provisions, it
prevents advertising in the form of appeals to youngsters.
Secondly, it forbids health claims. These are the two
major objectives of the Code.
I have heard proponents of advertising out, and I
have tried to live up to these provisions. It has been
rather remarkable to look back and see how many things
we have accomplished in a relatively short time.
I might say that the proponents for certain submissions
come in, they make their arguments, they are able advocates,
but then on these informal conferences we make a decision
and I found that they have abided by those decisions.
We have had actually less than three months of operation.
I think if anyone looks impartially at advertising before
and now, they will see that we have done our utmost to
llve up to these two objectives which are not too unlike
the objectives you are trying to seek in this legislation.
CD
The thing that is most appealing to me as a person
formerly connected with government and during occasional (~
tasks even in New Jersey today, the most appealing thing
is if an industry can do itself, through a code, where they
(
(
(
(
t
bl 3
1047
give ample discretion to the administrator -- as a matter
.-
of fact, the administrator, according to the Code, can
fine a violator up to $100,000; there is really no appeal
from his decision -- if they are willing to do that, then
maybe we can, the industry can do the job.
As I have pointed out, I have tried to take a most
objective role in trying to carry out the Code.
I welcome your questions.
The Chairman. Governor, the Code was subscribed to by
the manufacturers?
l~r. Meyner. By the nine companies that produce
practically -- better than 99 percent of all of the cigar-
ettes consumed.
The Chairman. They ~ould be the nine companies that
Mr. Gray represented here?
That is correct, sir.
As I understand it, they make practically
Mr. ~ieyner.
The Chairman.
all of the cigarettes?
Mr. Meyner. That is correct, sir.
for export as well.
The Chairman.
to cigarette advertising?
And a good many
The Code pertains, as I understand it, only
Mr. Meyner. Cigarette advertising has a very broad ~D
definition. It includes labeling, it includes practically
all promotional efforts. ~J
b i 4 1048
(
(
t
The Chairman.
tobacco?
Mr. Meyner.
paper, I think,
The Chairman.
Mr. ~leyne r.
The Chairman.
It doesn't go into cigars or chewing
Only cigarettes. Tobacco wrapped in
is the definition of a cigarette.
And not snuff?
No, sir, it does not, sir.
I have here -- and the reason I put
in the record and asked for their statements, it is not un-
usual for certain industries that find themselves subject
to public scrutiny of some kind, criticism sometimes, or
otherwise, industry sometimes gets together and voluntarily
establishes a code of ethics, a code of operation.
I want to put in the record, following your statement
and the answers to questions, a statement of Howard H. Bell,
who is the Code Authority Director of the National Associ-
ation of Broadcasters. In his statement, for the benefit
of the Committee, he specifically -- there are many other ~
things in the Code than this -- calls our attention to
O
the Television Code, Section 4, program standards, para-
graph 12, where they say "Care should be exercised so ~J
that cigarette smoking will not be depicted in a manner to
impress the youth of our country as a desirable habit worthy
of imitation." This is the wording they use.
And then the Television Code on General Advertising
Standards, Section 9, paragraph 7: "The advertising of
(
(
(
bl 5
1049
cigarettes should not be presented in a manner to convey
the impression that cigarette smoking promotes health or
is important to personal development of the youth of our
country." And then they go on.
The Radio Code, which is somewhat different, has about
the same statement regarding cigarettes. I will put that
in the record following your testimony.
Also a statement of Vincent T. Wasilewski, President
of the National Association of Broadcasters, in which he
points out the way the expect to apply the Code. There is
also, and I think in all fairness we ought to put in the
record, and get a copy of it, the voluntary code which the
people of the distilled spirits institutes have inagurated
sometime ago.
There is also a code which we will get for the record
of the Brewers Institute of America. I suppose there are
other industries that have codes, so there is ample precedent.
In Article IV of the Code, Section l, you deal with
cigarette advertising. And you deal with the fact it should
not be directed primarily to persons under 21; in spot
announcements the same thing; and in school, college, or
university media you prohibit advertising, as I understand it.
Mr. Meyner. Yes, indeed.
The Chairman. And in comic books and in comic supple-
merits to newspapers. You also prohibit sample cigarettes
680008940
(
(
(
t
bl 6
1050
being distributed to persons under 21 years of age; and also
in colleges, campuses, fr.nternities, sorority houses, and
cigarette advertising shall not represent that cigarette
smoking is essential to social prominence, distinction,
success, or sexual attraction; and natural persons depicted
as smokers in cigarette advertising shall be at least 25
years of age and shall not be dressed or otherwise made to
appear that they are younger than that.
You say "Cigarette advertising may use attractive,
healthy looking models, or illustrations or drawings of
persons who appear to be attractive and healthy, provided
that there is no suggestion that their attractive appearance
or good health is due to cigarette smoking."
And then a prohibition of advertising which shall
not contain a picture or an illustration of a person smoking
in an exaggerated manner, and shall not depict as a smoker
a person well known as an athlete, and cigarette advertising
shall not depict as a smoker a person participating in or
having just participated in physical activity requiring
O
stamina or athletic conditioning beyond that of normal
recreat ion.
And then you ban testimonials from athletes or celebrities
in the entertainment world.
~ir. Meyner. That is correct, sir.
The Chairman. I see the political world is exempt in
(
bl 7
this case.
Mr. Meyner. Well, no.
the entertainment world.
(Laughter.)
The Chairman.
Mr. Meyner.
The Chairman.
put the Code in the record in full.
1051
°
They could be celebrities in
I want to outline --
They might have an appeal to youth.
I want to briefly outline this. We will
(
CD
#4 rei
)
1052
Mr. ~eynero There is another section we have relied
on heavily, Section 2:
'~o cigarette smoking which makes n representation
wlth respect to health shall be used."
The Chairman° '~nless the Administrator shall have
determined that such representation is significant in
terms of health and is based on adequate relevant and
valid scientific data."
Mr. geyner. I might say that up to date the "unless"
has not been run in my office. I am running a strict show.
The Chairman. Cr you determine that the representation
with respect to health is not material?
Mr. ~eynero I have not.
The Chairman° We will put that in the record in full.
I have two or three questions to ask, which are not
necessarily mine, but from Senators who have looked at this
Code, and suggest I might want you to answer this.
The Code does nothing to limit the volume or the effect
of cigarette commerce. Is that correct?
Mr. ~eyner. The broadcasting companies themselves have
a limit, and FCC has a limit as to the number of commercials
that can be given in any one hour. You just can't take up
five minutes out of 15 minutes, or 10 minutes out of a half
hour of broadcasting to deliver commercials.
limit by the stations and the FCC.
There is a definite
re2
1053
The Chairman. You would be surprised at the hassle we
are having with the FCC on the number of commercials to be
used in a given program during certain hours of the day. It
hasn't been yet resolved.
The volume and frequency is a matter usually of stations
today, particularly stations that have-- talking about tele-
vision in particular -- that have a great number of old movies,
where they insert many, many, many, too many, cocanercials, in
the minds of most of the people.
Also, you don't mention cigarette sponsorship of so-called
family programs. I use an example. I put in the record the
other day the chart of the programs sponsored by tobacco
people. For instance, number 1 is the Hillbillies, the
Beverly Hillbillies, sponsored by R. J. Reynolds, which in 1963
had an average audience of 12,500,C00 children and 6,500,000
teens; the Ed Sullivan Show, sponsored by Lorillard, 5.3 million ,
children and 2.4 million teens; The Jackie Gleason Show,
sponsored by Philip ~orris, 9~500,000 children; Combat,
8,900,000 children, sponsored by American Tobacco; Red Skelton,
by Philip Morris, 8,800,000, and so on.
The first ten are sponsored by tobacco companies, and the
least is Saturday Night at the Movies, which is looked at by
5 million children and 4.1 million teens. ~D
Mr. Ueyner. This is an area that concerns me very much.
The Chairman. I want to put this in the record after
W~a
re3
1054
And I am looking at them.
They determine the costs, the time, and
~D
I ~Jant to say that I dldn~t mean to Imply
the statement of ~1r. Meyner.
Mr. Meyner. Under the Code it says that "Cigarette
advertising shall not appear on radio programs directed prim-
arily to persons under 21 years of age."
I am very conscious of the fact that there are large
numbers of young people who are in ~ room and are counted as
audience to a radio or television program,
I have been so busy trying to clear up advertising in
periocLicals in television programs, in all other areas of
advertising -- and advertising is a very broad definition
under this Code -- that I have no%, as yet, made an intensive
effort to move into this field. This is what I have done
thus far: I have looked over some of the surveys. I have to
be somewhat suspicious of some of the surveys because a
Commerce Committee of the House only last year held up in
ridicule some of the surveying outfits and their methods of
collecting statistics. So that I must look with some
suspicion upon the statistics that come in.
Secondly, I have hired --
The Chairman. I think we are all agreed that the surveys
in some cases are not necessarily statistically accurate, but
they are surveys that the industry relies upon.
Mr. meyner.
me Chairman.
everything else.
