Tobacco Documents Online

8 6 1 "(4) such recommendations for legislation as the 9 1 7 "(C) 'WARNING: The Sur 2 Secretary may consider appropriate.". 3 (b) Section 8 of the Federal Cigarette Labeling and Ad- 4 vertising Act (15 U.S.C. 1337) is amended by striking out 5 subsection (a) and by striking out "(b)" before "The Federal 6 Trade Commission". 7 CIGARETTE LABELING 8 SEC. 5. Section 4 of the Federal Cigarette Labeling and 9 Advertising Act (15 U.S.C. 1333) is amended to read as fol- 10 lows: 11 "LABELING 12 "SEC. 4. (a)(1) It shall be unlawful for any person to 13 manufacture, import, or package for sale or distribution 14 within the United States, or advertise any cigarettes, the 15 package or advertisement for which fails to 16 following statements: bear one of the 17 "(A) 'Cigarette Smoking is Dangerous to Your 18 Health. For Information on the Specific Health Conse- 19 quences of Smoking, Write: Surgeon General, U.S. 20 Public Health Service, Washington, D.C., 20201.'. 21 "(B) 'WARNING: The Surgeon General has De- 22 termined that Cigarette Smoking Causes Emphysema, 23 Lung Cancer, and Other Cancers.'. 2 termined that Cigarette Smokir 3 ease.'. 4 "(D) 'WARNING: The Sur 5 termined that Cigarette Smoking 6 May Result in Miscarriage, Prem 7 8 9 10 11 Weight Deficiencies.'. °`(E) 'SMOgERS: No Ma Have Smoked, Quitting Now ( Risks To Your Health.'. "(2) The labeling statements spec 12 of this subsection shall be rotated on 13 brand of cigarettes and the advertisemt 14 cigarettes in a manner that assures that 15 statements appears an equal number oi 16 of cigarettes and all such advertisemei 17 month period beginning on the effectiv 1S tion and each succeeding fifteen-month ~ 19 "(3) Any labeling statement requir 20 tion shall be located in a conspicuous ph 21 package and in each advertisement for 22 appear in conspicuous and legible type 23 raphy, layout, or color with all other pr 24 package or advertisement. O w ~ 0 ~ ~ w ~

7 :zods ; on the ion, ef- ons ion cts ial ies 'c- th te 5 1 agency Committee on Smoking and Health. The Committee 2 shall be composed of- 3 "(A) representatives from appropriate institutes 4 and agencies of the Department, which may include 5 the National Heart, Lung, and Blood Institute, the Na- 6 tional Cancer Institute, the National Institute on Child 7 Health and Development, the Health Services Admin- 8 istration, the Health Resources Administration, and the 9 Center for Disease Control; and 10 "(B) at least one representative from the Federal 11 Trade Commission, the Department of Education, the 12 Department of Labor, and any other Federal agency 13 designated by the Secretary. 14 "(2) The Committee shall meet at least four times each 15 year. 16 "(c) The Secretary shall transmit a report to Congress 17 not later than January 1 of each year which shall contain- 18 "(1) current information on the effects of smoking 19 on health; 20 "(2) an overview and assessment of Federal activ- 21 ities undertaken to inform the public of the effects of 22 smoking on health; 23 "(3) information regarding the activities of the 24 private sector with respect to the effects of smoking on 25 health; and O W ~ ~ S. 1929-ia ~ ~

3 )illions ilation Iedical iow to iaving in the it the I that ~ need )rmed i, but . Ted d not e nec- Corn- wood, e. He luced i the vould )ffice )ordi- :imu- aug- mes- '.iga- form with dis- -er 1 ause .To- I re- our . as II 97TH CONGRESS 1ST SESSION So1929 To amend the Public Health Service Act and the Federal Cigarette Labeling and Advertising Act to increase the availability to the American public of infor- mation on the health consequences of smoking and thereby improve informed choice, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 9(Ieglslative day, DIOVEMBEB 30), 1981 Mr. HATCH (for himself and Mr. PACKwooD) introduced the following bill; which was read twice and referred jointly by unanimous consent to the Committees on Commerce, Science, and Transportation and Labor and Human Resources A BILL To amend the Public Health Service Act and the Federal Cigarette Labeling and Advertising Act to increase the availability to the American public of information on the health consequences of smoking and thereby improve in- formed choice, and for other purposes. 1 Be it enacted by the Senate and House o f Representa- 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Comprehensive Smoking 4 Prevention Education Act of 1981".

13 10 1 (b) The amendments made by sections 5 and 6 of this 2 Act shall take effect upon the expiration of the one-year 3 period beginning on the date of the enactment of this Act. 4 During such.one-year period, the Federal Trade Commission 5 shall promulgate such regulations as may be necessary to 6 implement the amendments made by sections 5 and 6 on 7 their effective date. 0 The CHAIRMAN. Today we are going to hear tes resentatives of the administration, from a panel c entists, and from a distinguished spokesman repr three" volunteer agencies, the American Can American Heart Association, and the American I I would like to take this opportunity to recogn Heart Association for their assistance in draftinj sive Smoking Prevention Education Act. We will also hear testimony from a representati Institute as well. The testimony presented today i: the health-related aspects of this bill. Senator Pac uled Commerce Committee hearings for May 10, tising and trade issues, and I might add, we arE have Senator Packwood join our committee today. Senator Packwood and myself, as I have mentic sponsored this legislation, and I certainly apprec terest in these hearings and welcome his participa Senator Packwood. STATEMENT OF HON. BOB PACKWOOD, A U.S. S THE STATE OF OREGON Senator PACxwooD. Mr. Chairman, thank you invitation to me and to all of the members of thc mittee to participate in this hearing on the bill are aware, the major purpose of this legislation sumers with more information about the advers, ing. As a member of the Commerce Committee, and man of that committee, I have long been concernE of unfair or deceptive product labeling in adve: particularly concerned about what I believe is i ness about the specific health hazards of smoking tising campaigns that target segments of the p( young adults. We all know that women who are pregnant ar birth control pills may be uniquely affected by : young adults may be unduly affected by advertisu The legislation, Mr. Chairman, that you and I has been condemned as an example of burdensc regulation and an abridgment of the first amenc Constitution. This could not be further from the on these subjects is clear. I have been a propone. in the communication industry, the transportat where there was a demonstrated need for a fre have supported that deregulation. I have also bc porter of civil liberties. But, in the marketplace of information, the An desperately in need of more information about th smoking in order to make a truly free and inform I look forward to hearing from the witnesses . morning and learning more about thJe health issues. Thank you. W ~ O ~ G1 44 0

17 "health informational problem." It involves deeper and broader matters than that. Thank you, Mr. Chairman. The CHAIRMAN. Well, thank you, Senator East. I know that you feel deeply about this, and we are happy to have you here. At this time, without objection, we will include the statements of Senators Hawkins and Huddleston in the record. [Material referred to follows:J 0

0 13 The CHAIRMAN. Today we are going to hear testimony from rep- resentatives of the administration, from a panel of outstanding sci- entists, and from a distinguished spokesman representing the "big three" volunteer agencies, the American Cancer Society, the American Heart Association, and the American Lung Association. I would like to take this opportunity to recognize the American Heart Association for their assistance in drafting the Comprehen- sive Smoking Prevention Education Act. We will also hear testimony from a representative of the Tobacco Institute as well. The testimony presented today is going to address the health-related aspects of this bill. Senator Packwood has sched- uled Commerce Committee hearings for May 10, regarding adver- tising and trade issues, and I might add, we are very grateful to have Senator Packwood join our committee today. Senator Packwood and myself, as I have mentioned, have jointly sponsored this legislation, and I certainly appreciate his active in- terest in these hearings and welcome his participation. Senator Packwood. STATEMENT OF HON. BOB PACKWOOD, A U.S. SENATOR FROM THE STATE OF OREGON Senator PACKWOOD. Mr. Chairman, thank you for extending an invitation to me and to all of the members of the Commerce Com- mittee to participate in this hearing on the bill before us. As you are aware, the major purpose of this legislation is to provide con- sumers with more information about the adverse effects of smok- ing. As a member of the Commerce Committee, and now as the chair- man of that committee, I have long been concerned with the effects of unfair or deceptive product labeling in advertising, and I am particularly concerned about what I believe is inadequate aware- ness about the specific health hazards of smoking and about adver- tising campaigns that target segments of the population such as young adults. We all know that women who are pregnant and those who take birth control pills may be uniquely affected by smoking and that young adults may be unduly affected by advertising. The legislation, Mr. Chairman, that you and I have cosponsored has been condemned as an example of burdensome governmental regulation and an abridgment of the first amendment of the U.S. Constitution. This could not be further from the truth. My record on these subjects is clear. I have been a proponent of deregulation in the communication industry, the transportation industry, and where there was a demonstrated need for a freer marketplace, I have supported that deregulation. I have also been a fervent sup- porter of civil liberties. But, in the marketplace of information, the American people are desperately in need of more information about the health effects of smoking in order to make a truly free and informed choice. I look forward to hearing from the witnesses scheduled for this morning and learning more about the health aspects of these 0 issues. C+~ Thank you. ~% ~ ~ G1 .D~ Y~+

PW son OR ...... 81 84 )re- ...... 169 "ty, 116 ...... 13 48 ..... 52 .. 181 wt, 59 194 204 208 212 218 .... 227 241 .... 248 .... 268 271 ~ 293 .... 328 334 3's ... 838 .... 353 864 Lia 372 376 ol 389 h- ... 416 .425 459 n- ... 463 s- 477 li- •.. 495 501 i- 531 542 562 568 598 606 Dr. Jay Roberts, professor and chairman of the department of pharmacology, Medical College of Pennsylvania, Philadelphia ..................................................... Henry Rothchild, M.D., Ph. D., professor of medicine and anatomy, Louisiana State University .................................................................................................... ....... Dr. Henry 1. Russek, practicing specialist in the field of cardiovascular dis- ease .. .................................................................................................... ........................... Bernice C. Sachs, M.D., Seattle, Wash ......................................................................... G. N. Schrauzer, Ph. D., La Jolla, Calif ....................................................................... Dr. Carl C. Seltzer .................................................................................................... ........ Sheldon C. Sommers, M.D .............................................................................................. Theodore Sterling, University Research Professor at Simon Fraser University, Burnaby, British Columbia ........................................................................................ Yoram J. Wind, professor of marketing, Wharton School, University of Penn- sylvania .................................................................................................... ...................... Tobacco Institute, the, Robert Casad Hockett, research director, Council for Tobacco Research U.S.A., Inc .................................................................................... Charles D. Spielberger, Ph. D., University of South Florida, Tampa, Fla............ Page 643 646 650 653 667 672 683 714 726 753 765

15 not only for the tobacco industry generally, but for related indus- tries. Now, there are several points here, Mr. Chairman, and then I shall cease and desist so we can get on with the hearings and get into the particulars of them. I think this bill does great violence to the concept of separation of power. As chairman of the Separation of Powers Subcommittee of the Judiciary Committee, I think this bill is simply a massive grant of power to the Department of Health and Human Services, frankly, to do about whatever they choose to do. For example, on page 4 of the act, after listing all of the things that the Secretary of Health and Human Services might do, No. 7 is that all-expansive, open-ended clause that simply is a total invi- tation to the Federal bureaucracy to move in, lock, stock, and barrel. It says, "Undertake any other additional informational and research activities which the Secretary determines necessary and appropriate." This is one of the fundamental things taken up in the election of 1980. I think it is contrary to the philosophy of this administration. It certainly is contrary to my philosophy and, I think, to that of the distinguished gentlemen on my right, that we once again, with honorable intentions, mind you-always there are good intentions in this legislation-simply to give this broad, sweeping grant of power to the Federal bureaucracy, which in this case is the Secre- tary of Health and Human Services. Eventually, we are going to be back with this problem of having to rein them in. There will be excesses. Again, if we are going to maintain the doctrine of separation of powers, when we give power to the bureaucracy, there ought to be parameters to it; it ought to be carefully spelled out; it ought to be limited and defined. That is a fundamental tenet of separation of power because it is the legis- lative branch that ought to define the basic policy direction in any area, including this. Also on this matter of separation of power, I am troubled with the fact that we are told we are going to create another committee. Naturally, of course, I like the title here, "Interagency Committee on Smoking and Health." That is fine, but we are told who will be on this committee, which is a wide range of people, and then, final- ly, on this matter of separation of power, we are told, at least one representative from the Federal Trade Commission, the Depart- ment of Education, the Department of Labor, and any other Feder- al agencies designated by the Secretary. So the Secretary can do anything he wants to in terms of so-called informational and re- search activities; he can do anything he wants to in terms of invit- ing people on board. I do not want to put it too strongly, Mr. Chairman, but it sounds to me like we are getting up a lynching bee here for the tobacco industry. It is an honorable industry, a legal industry, and a long- term industry in this country. The first tobacco went out of this country from Virginia by John Rolfe back in 1712, so we are not talking about a Johnny-come-lately industry. I will admit I come from a part of the country where this is a part of the heritage, the culture, and tradition. We are a little weary-I will be candid-of

11 3 of sion ate- )rd- ion, -nts ges ac- ,he to Is 1- il i 9 1 Health and Human Services a complete list of each chemical 2 additive used in the manufacture of such cigarettes and the 3 quantity of such additive. 4 "(2) The Federal Trade Commission and the Depart- 5 ment of Health and Human Services and any officer or em- 6 ployee thereof shall not disclose to any person outside the 7 Commission or the Department any information received pur- 8 suant to paragraph (1). 9 "(3) For purposes of section 552(b)(4) of title 5, United 10 States Code, and section 1905 of title 18, United States 11 Code, any information received by the Federal Trade Com- 12 mission and the Department of Health and Human Services 13 pursuant to paragraph (1) shall be considered to be a trade 14 secret.". 15 PREEMPTION 16 SEC. 6. Section 5(a) of the Federal Cigarette Labeling 17 and Advertising Act (15 U.S.C. 1334(a)) is amended- 18 (1) by striking out "statement" each place it ap- 19 pears and inserting in lieu thereof "statements"; and 20 (2) by inserting before the period the following: 21 `br in any cigarette advertising". 22 EFFECTIVE DATE 23 SEC. 7. (a) Except as provided in subsection (b), the 24 provisions of this Act shall take effect on the.date of enact- 25 ment. S. 1929-ie 95-077 0-82-2

0 21 CbmprPhensive Smoking Prevention Education Act of 1981 Mr. Chairman, Members of the Cbmmittee, I appreciate this tatly opportunity to present my views on S. 1929, the •Cbsprehensive Smoking Prevention Education Act of 1981." I oppose the bill. As introduced this measure is counter- productive and will defeat the principal goals shared by its sponsors. Let me explain why the proponents' good intentions are so misguided in this instance. Mr. Chairman, cigarette advertising is directed to the sswker -- it's an effort to sell a particular brand to an tstablished consumer. The advertising designed to attract new consumers of proprietary drugs, or dog food, or breakfast cereals, is vastly different in content and style and ieunediatelv apparent to the casual observer. As noted in Advertising Aqe of October 19, 1981, the advertising expenditures of these industries are higher, as a percentage of sales, than those of the tobacco products industry. The "hard sell" is conspicuous by its absence from tobacco products advertising -- and for good reason. The industry is conscious of the controversy about smoking and health, and advertising is styled accordingly. Over the past ten years, a revolution has occurred in cigarette production and marketing. Low "tar" brands accounted for nearly fifty per cent of all cigarette sales in 1980,