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Anne Landman's Collection

Statement of Position; Footnoted and With Bibliography

Date: 22 May 1967 (est.)
Length: 73 pages
TIMN0257785-TIMN0257857
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Abstract

This Tobacco Institute position paper was originally drafted by the Institute in 1967 during the debate over tar and nicotine labeling, but it applies strongly today to the idea of 'lights' and 'low-tar' labeling by the companies. The document is also important in light of Philip Morris' renewed interest in broadcasting TV advertisements. PM's use of the phrase "there is no safe cigarette" in its television ads without also stating that there "is no safer cigarette" is blatantly misleading.* As the document puts it

"It has been said that there is no risk of misleading and perhaps endangering the smoker by requiring tar and nicotine labeling, because of the warning of potential hazard. True, the smoker may be reminded that the cigarette is not absolutely safe. But he may well conclude that the cigarette is substantially safer. Indeed, that conclusion is virtually inescapable, since the very reason for the proposed labeling of tar and nicotine content is to encourage reduction of that content, thereby purportedly making the cigarette ‘safer’."

The document is stridently written and brimming with denials and obfuscations about the link between smoking and disease, as well as denials about the need to alert people to this link through appropriate labeling.

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Notes

* A statement that "light" cigarettes are not safer than other types of cigarettes does appear on Philip Morris website in a relatively non-prominent spot at http://www.pmusa.com/health_issues/low_tar_cigarettes.asp It states: "PM USA does not imply in our marketing, and smokers should not assume, that lower-yielding brands are safe or safer than full-flavor brands. There is no safe cigarette. "Medium," "mild," "light" and "ultra light" cigarettes are no exception. Health warnings are required on all of our brands, irrespective of their tar and nicotine yields. The Federal Trade Commission (FTC) has stated that "smoking 'low tar' or 'light' cigarettes does not eliminate the health risks of smoking. If you're concerned about the health risks of smoking, stop smoking ... There's no such thing as a safe smoke."

Thank you to an anonymous subscriber for pointing out how this document applies to ongoing legal cases over "light" and "ultralight" cigarettes.

Quotes

[From Page TIMN0257792]:

(b) Zealots have vastly overstated their case against cigarette smoking.

(1) Smoking can Cardiovascular Disease.

The Surgeon General's Advisory Committee did not find sufficient evidence to conclude that smoking causes cardiovascular diseases. That lack of evidence has been blandly ignored by those zealots who include cardiovascular diseases in their claims that smoking causes hundreds of thousands of deaths.

The Surgeon General's Advisory Committee said in 1964 that the basic causes of coronary heart disease were obscure. The nicotine in cigarettes, a traditional whipping boy, was said by the Committee not to cause degenerative disease nor to be an important health hazard. Those statements are as true now as they were then. Then, as now, certain factors other than smoking were thought to predispose to that disease. Stress, familial background, individual personality traits (a "coronary-prone personality" has been described), occupation, city life, obesity, diet...and lack of exercise have all been mentioned. Whether smoking is on of these many factors that may be related to coronary disease remains to be determined...

[Beginning around Page TIMN0257828]:

“Congress, the Federal Trade Commission, the Public Health Service and the Departments of Commerce and Agriculture concluded in 1965 that the labeling of tar and nicotine yields should not be required. There has been no new scientific proof justifying any change in this position. For many years the Federal Trade Commission, supported by the Public Health Service, consistently took the position that any statement of tar and nicotine content in cigarette labeling and advertising would not be meaningful...Stripped to its essentials, the argument favoring nicotine content labeling is that a smoker will be able to compare brands with respect to relative nicotine content and to choose the one having less nicotine. The suggestion is that less nicotine is somehow "safer;" and this is the message that unavoidably will be conveyed to the smoker by any such required labeling. But there is no acceptable evidence that the amounts of nicotine absorbed by the smoker are harmful. To the contrary, the consensus is that these amounts are not harmful. Therefore, there is no scientific basis for assuring the smoker that cigarettes with less nicotine are somehow "safer"...Their belief that cigarette smoking was "guilty as charged" doubtless gave rise to expectation that the proof would shortly be forthcoming to show how this was so. That such proof does not today exist may well explain their frustration. It does not, however, excuse resurrection of the long since discredited assertion that reduced tar means added safety, when there is not a trace of new proof to support either the assertion or the rejected hypothesis upon which it was originally based. There is no scientific method to determine whether a difference between ‘tar’ content of any two brands would be meaningful – or how much of a difference might be significant...Additionally, if it were assumed that smoking causes disease, any tar and nicotine labeling requirement might not be only misleading but dangerously so. A smoker would assume that lower ‘tar’ and nicotine content means ‘safer’ cigarettes. Accordingly, a smoker could be lulled into a false sense of added safety by labeling which indicates reduced tar and nicotine content, when ‘harmful’ ingredients have not been reduced at all. A smoker may compare two packages of cigarettes and choose one on the ground that its tar and nicotine content is less than the other…he is receiving a possibly false assurance of safety, because there is no way of knowing whether the difference between the two cigarettes is at all significant. Even if one were to assume that reduced tar and nicotine content made cigarettes safer, no one knows how much reduction would be meaningful. In both examples, the result may well be to persuade a smoker either to continue a given level of smoking or to increase that level of smoking because the cigarettes that he has chosen are somehow ‘safer’…It has been said that there is no risk of misleading and perhaps endangering the smoker by requiring tar and nicotine labeling, because of the warning of potential hazard. True, the smoker may be reminded that the cigarette is not absolutely safe. But he may well conclude that the cigarette is substantially safer. Indeed, that conclusion is virtually inescapable, since the very reason for the proposed labeling of tar and nicotine content is to encourage reduction of that content, thereby purportedly making the cigarette ‘safer’. But inadequate data, or unsupported opinions, or the louder repetition of those opinions, do not demonstrate health significance. What has not been demonstrated is any way of answering the critical questions: Do ‘tar’ and nicotine have any effect on health at all? If so, how much of a tar or nicotine reduction has health significance? If so, how much lower in tar and nicotine content must one cigarette be than another to have ‘less harmful effects’?

Company
Tobacco Institute
Author
Tobacco Institute
Recipient
Tobacco Institute
Region
United States
Litigation
Minnesota
Type
STATEMENT/TESTIMONY
Subject
low yield cigarette
Low Yield Cigarettes (Products)
advertising activity
advertising campaign
advertising message

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J • SlAT:MENi OF POSITION S CONFIDENTIAL: MINNESOTA TOBACCO LITIGATION TXMN 257785
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INDEX - OUTLINE i _, Congress, the Pederal Tradc Commission,'the Public 'Liealth Servico and the Dcpartmcnts of Commerce and :lgriculture concluded in 1965 that_ the labelincr of tar and nicotine yields should not be required. There has been no new scientific proof justifying any change in this position. Page 1 IT. Cigarette smoking has not been established as a cause of human disease. Page 3 (a) •The "evidence" is statistical and statistics ~ cannot establish the cause of ^ disease. (b) ~ E Zealots have vastly overstated their case Page .3 ..against cigarette smoking. Page 5 (1) Smokina and Cardiovascular Disease. Page 5 '(2) Smoking and Emphysema and Sronchitis. Page 6' •(3) Smoking and Lung Cancer. . Page 8. (4) Smoking and Cancer of the Larynx. Page 14 (c) Is it the Smoker or the S-mokina? [Smokers and non-smokers have been found to differ in many ways other than their smoking habits. DSary eminent persons believe that the reported sta- "tistical association between smoking and dis- ease.may simply indicate that some of the people who smoY,e tend also to be people who, for various CONFIDENTIAL: MINNESOTA TOBACCO LITIGATION - TIMN 257786
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physical or psychological or other reasons, are more susceptible to disease than those' ' persons who choose not to smoke. Stress, for example, may well "cause" a person to smoke and also predispose such person to heart attack. Smoking, however, would not be a cause but would only be statistically associated.] Page 19 (d) The "Mzssinq" Ingredient: Neither the existe:^.ce nor the amount of nicotine, "tar" or any ir,- qredi_ent claimed to be in cigarette smoke has been proved significant to human health. [The Surgeon General's Committee concluded that nico- tine "probably does not represent an impor:.ant health hazard". The very term "tar" is inaccu- rate and misleading (since there is no."tar" in cigarette smo',ce), animal experimdntation with •"tar" has produced only erratic and questionable results (which may be compared with the generally negative findings when whole smoke inhalation ex- periments are done}. and the probler„ for exploration ' remains, in the words of the Surgeon General's Committee, "gigantic".] Page 22 IiX. Mandatory "tar" and nicotine labeling would be misleadina. Page 36 IV. Conaress should not delegate authority to reauire labeling of cigarettes. [This was the position ta,cen by Congress in 1965 and it appears amply ~ justified in view of the Federal Trade Com.aission's abrupt reversal in early 1966 of its 1965 (and earlier) stand on tar and nicotine (which, according ~. to Chairman Dixon in 1965 "could result in some other kind of a misrepresentation or something misJ.eading"):] Page 42 CONI+IDENTIAL: MINNESOTA TOBACCO LITIGATION TIMN 257787
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STATE:i3tiT OF POSITION Conc:rass, the Federal Trade Commission, the Public Health Service and the Departments of Commerce and Agriculture concluded in 1965 that the labeling of tar and nicotine yields should not be reouired. There has been no new scientific proof justifying any change in this position. . For many years the Federal Trade Commission, supported by the Public Health Service, consistently took the position that any-statement of tar and nicotine content in cigarette labeling and ad'vertising would not be meaningful. This viewpoint was pre- sented to Congress during the 1965 Hearings on Cigarette Labeling 1 and Advertising. The Report of the Senate Commerce Committee took cognizance of these views: "TAR AIQD NICOTINE Several witnesses urged that cigarette manufac- 'turers be required to state tar and nicotine yields on the package as originally provided by S.559. Neverthe- .• less the committee is satisfied, for the reasons dis- cussed below, that such provision should not be retained in the bill. _' The Chairman of the Federal Trade Commissiorn ex- . pressed opposition at the hearing to a statute requiring tar..and nicotine labeling. . With respect to nicotine, the report'of the Surgeon General's Advisory Committee states that 'there is no CONFIDENTIAL: Tj1VIN 2~~758 MINNESOTA TOBACCO LITIGATION '
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acccptable evidoncc t;:ac prolonged exposure to nico- tlne croates eitler dangorolls functional cpange o.1 an objcctive ;.ature or degenerative disease.' The re- port concludes that various studies 'indicate that the c:.:•'•-.ic toxicity of nicotine in quantities absorbed f: ~.., s-io;cing and other methods of tobacco use is_ very low and probably does not represent a significant health problera' . . As to tar, the Surgeon General testified be_~ore ' the committee that, 'While it seems at least plausible that cigarettes with lower tar and nicotine may present lesser health hazards, there is presently no proof that this is so.' Fie further stated that 'further study' was necassary before he could recor,umend that particular in- gredients be singled out for labeling." 2 Since the time of that Report, there has been no new scientific proof. There still is "no proof that this is so." There is no new scientific evidence justifying any change in po- sition or warranting tar and nicotine labeling. There has been continued, perhaps louder, repetition by the same people of the same arguments made to Congress and there rejected by the Public Health Service, the•Federal Trade Commission, the Departments of Commerce and Agriculture and Congress itself. Thus, the tar and nicotine labeling proposal presenLs the latest example - albeit one of the wosst -= of a long string of conclusions and proposals relating to smoking and health that .have no adequate scientific basis. CONFIDENTIAL: MINNESOTA TOBACCO LITIGATION -2- TIMN 257789
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, Ix. Cigarette smoicing has not been es-cablis•r•ed as a cause of human disease. During the course of the 1965 Congressional Hearings on cigaretl'•a labeling, a large number of eminent doctors and scien- ; [S tists cu;,a forward•to point out that it has not been cstablis:,ed that cigarette smoking causes human disease. Their reasons, based upon substantial experience and research, remain as valid today as when presented. While there have been nany claims of causail re- lationships between smoking and disease, extensive research ef.".orts in recent years have failed to prove that smoking is a health hazard. (a) The "evidence" is statistical and statistics cannot establis: the cause of =--j disease. Most of the "evidence" relied upon by those w:.o believe that smoking causes disease is statistical3 But, as has been shown tine and again, statistics alone cannot establish the cause of any disease.x +~ History records strong statistical associations between pallagra and corn consumption; cholera and 'nigh places; and malaria and night air. All of these diseases proved ultimately to be caused • Dy t:i•rd factors unknoo:n at the time (respectively, a vitamin deficiency, a bacillus and a microbe). CONFIDENTIAL: -3 TIMN 257790 MINNESOTA TOBACCO LITIGATION
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r While this fact vas accepted by the qualified statis- ticians who testified at the 1965 Congressional Hcaringst; it h..s been ignored by those who have sought to use the Surgeon General's Advisory Co:nnittee Report as a basis for the assertion uhat s.;,ok- 3.ng causes hundreds of thousands,of deaths each year. :he Sur- geon General's Cor,_r,ittee itself stated that "Statistical met:aods carinot establish proof of a causal relationship in an association"5 and while the Co:v-nittee observed that several studies s:.owed an "association"•between smoking and death rates from nearly all diseases, it refused to accept smoking as the proven cause in most cases6 \otwithstanding the Corunittee's recognition that statisti- cal association does not prove causation, those who claim smoicing causes so many deaths cite statistical association as "proof". S Two very significant facts appear in the principal data on death rates considered by the Committee: (i) substantially more than 90% of the cigarette s:r,okers whose deaths were studied died from diseases which not even the Co,:anittee thought 7 were causally related to their smoking; and (ii) the death rates for even the heavy smokers were lower than the death rates for the CONFIDENTIAL: MINNESOTA TOBACCO LITIGATION , TIMN 251791 -4-
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entire U. S. population (which, of course, in- cludes all non-s7o;:ers) 8 i'ceoc, facts should be kept in mind in considering any possible r . r31at?_onsaip of smo'1C7.:.g to particular Causes of death. (b) ZealotS '.:VC Vast1V overstated their case aQai.nst c1C,`a"ette sm4:tlnC[. (1) SmoScin[ and Cardiovascular Disease. The Surgeon General's Advisory Corunittee did not -find sufficient evidence to conclude that smoking causes c:.rdiovascular lack o."., evidence.has been blandly ignored by those diseases? That zealots w"r:o i:iclude cardiovascular diseases in their claims that snoking causes hundreds of thousands of deaths. The Surgeon General' s Advisory Co;.i.-nittee said in 1964 10 that the basic causes of coronary ;.eart disease were obscure. The , 111COtinO in Cigarettes, a trc'.Git.i..oriai 47n1.•~O~Jiilg• boy, was 5aid by •.`.he i•olLaittee not to cause degenerative disease nor to be an i.Tt- . portant health ISazarQ 11 Those statements are as `ySile now as tY:ey were then. Then, as now, certair. ractors oL'rler than s.;Aiting were thought to predispose to that disease.- Stress, familial bac',cground, individual personality•t-raits (a "coronary-prone personality" has CONFIDENTIAL: MINNESOTA TOBACCO LITIGATION -5- • . ~~"~ ..".. TIMN 257792
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been described), occ,tpation•, city life, obesity, diet (both gen- eral overnutrition and high fat) and lack of e:cercise have all been mentioned?2 Whether smoking is`one of these many factors that may be related to coronary disease remains to be determined. .Congress was told, at the 1965 Hearings, that zhere is a lack of experimental evidence from the laboratory to implicate .ss,oking in cardiovascular diseases;13 hat there is a strong possi- .bility that such factors as stress are important in the•develop-• ment of those diseasesi4that there is a strong possibility that .-.smoking is me'rely,a reflection of a:cind of person who is likely •t0 suffer from CardlOVaSCUIaY' diseases, WiieLher or nOt :ae S;i1GiC2S.5 l Research has, of course, beer. going forward since the Report of the $urgeon General's CGmrlittec'' and si:ace the Coi.gres- sional Hearings in 1905. But none o,'f that research has produced any suAstantiai evidence to implicate smo;cing as a cause of cardio- vascular diseases. (2)• SY,o;cinG and Empivsema and Bronchitis. As the Surgeon General's Advisory Com-mittee observed, bronchitis and eTphysema are'the chronic broncho-pulmonary dis~ eases of greatest public health ir_nortance in the'United States16 ' . .. ~ .. ' . . .. _ ' _ _ V .• . . . CONFIDENTIAL: MINNESOTA TOBACCO LITIGATION TIMN 257793
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Nevertheless, their definition and diagnosis is' ad.;ittedly in- exact and the relationship between them at best confusi:,g.17 The two diseases may coexist, either may ei.lsbc ore the•othe•r, or they may exist indeper.dently of each otheri8 There are conflicting views as to whether either causes the ot:er or, indeed, whether either is a necessary or even possible iinit in the chain of causation of the other~9The two things about w.,ich there seem,.to bo no cuestion are (i) that cigarette smoking did not exist when chronic bronchitis and emphysema were first •recognized20and (ii) that both diseases occur in no;~-smokers ?1 .The Surgeon General's Advisory Comimittee correctly con- erwhyse.,a?2 ihus,' those who assume that smoking causes e;up.lyseaT,2 ' iT'n order to claim l•:Lat smoking is killing large segments :af the cluded that cigarette smoking is not established as a cause of : populatio.n have no basis for that assumption, mittee`s Report. even in t. e Com- ihe Com.-ciittee concluded that smoking is a cause of,cisronic bronc'c.ltis~3 But thiC conclusion was reached despite the fact that the stauistical association between 'smokirig and bronchitis seemed weaker (as near as can be determined from the meager data) than 24 •that between smoking and e-mpnysema,-Finere causation was not found. CONFIDENTIAL: MINNESOTA TOBACCO LITIGATION • -- -7- TIMN 257794

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