Tobacco Documents Online

C Mutual Talks of Court Fight on Cigaret Ad Ban NEW YORK, May 28-Stil1 look- ing for a way to take court action to test the new federal law ban- ning broadcast cigaret' advertis- ing, Victor Diehm, president of the Mutual Broadcasting System, has written his counterparts at the other three networks asking for a: meeting on the problem. So far, he has receive& no reply from CBS' Frank Stanton; ABC's Leonard Goldenson~ or NBC's Jul- ian Goodman. Mr. Diehm has in- structions from the Mutual Affil- iates Ad1visory Council to press for legal action to halt the imple- mentation of the Jan. 2, 1971, ban~ on, radio and tv cigaret ads. Mu- tual lawyers feel' the legislationi can be challenged as discrimina- tory to a single advertising medi- um and as unconstitutional. Mr. Diehm pointed out that the other radio networks have much more at stake in this controversy than, Mutual, which; got only about $300,000 of the $2,800,000 spent in the medium by cigarets in 1969. In addition, of course, although he didh't mention it, those executives preside over a network tv take of $164,470,200, plus their owned stations' share of~ nearly $38,000,000 spent by smokes in spot tv.  The Mutual president told.An- VERTISING AGE he is concerned' about the precedent,, as well as about the loss of revenue in a: fashion which broadcasters con- sider to be unfair, since the mon- C ey denied to them because of the health hazards of cigaret smokingg is free to go to print, outdoor or other media: Some of his affili- ates wonder if beer and wine might not be prohibited should the dry forces take inspiration from the anti-smoking victory. While Mutual is willing to car- ry the fight for the industry, Mr. Diehm estimated it will costt about $250,000 to take this through~ the Supreme Court and hopes there willi be some financial assistance forthcoming from~ other broadcasters. There has been en- couragement from the Tobacco Institute and from some advertis- ing agencies with cigaret ac- counts, but no one has yet~ volun- teered to contribute, he said. # i . ~