Tobacco Documents Online

The Federal Government Chronology of Intervention in the Smoking and Health Controversy 1955: September: Federal Trade Commission (FTC) tells cigarette manu- facturers to make no health inferences in their advertising. 1957: July: Surgeon General Burney says statistics indicate that ex- cessive cigarette smoking is a causative factor in lung cancer. 19'60: January: FTC tells cigarette manufacturers to stop "tar derby" advertising and cease referring to improved health effects of filters. AmericaniCancer Society and other fund-raising groups request that the White House establishia commission to study tobacco and health questions. 1962: May: In an extensive report on smoking and health, the Royal College of Physicians in England claims, "Cigarette smoking is a cause of lung cancer and bronchitis, andiprobably contributes to the de- velopment of coronary heart disease andivarious other less common diseases." June: Surgeon General Terry announces the formation of an Advisory Committee on Smoking and Health. 1964: 03745147 Januar : Surgeon General's Advisory Committee issues its report, claiming cigarette smoking is,causally related to lung cancer in males, is one of the most important of the causes of chronic bronchitis in the U.S., may contribute to other diseases and is "a health hazard of sufficient importance...to warrant remedial action."

s, -2- FTC proposes a severe health warning on cigarette packages and advertising. -Senate hearing's followed. June-Ju1'~y: House of Representatives holds committee hearings on smoking andlhealth. FTC holds off its warning proposal pending Congressional action. Senate hearings followed. 1965: January: National Clearinghouse for Smoking and Health, an organ of the U.S. Public Health Service, is established. July: Cigarette Labeling Act enacted. The Act ensures that "rt-Fie- public may be adequately informed that cigarette smoking may be hazardous to health," and~commerce may be protected against "confusing" regulations. Principle provisions: 1. Cigarette packs must bear a health caution label. 2. Federal and state agencies may not make other labeling or advertising requirements in connection with smoking.and health at least until July 1, 19'69. 3. FTC and the Department of Health, Education, and~Welfare (HEW) are to keep Congress informed on the issue through annual reports. 1966: March~: FTC reverses its 1960 position on filters by allowing the listing of "tar" and nicotine levels in cigarette advertising. But there should be no implications of reduced health hazards. 1967: May: HEW issues a household survey of "morbidity," asserting ni ks between cigarette smoking and sickness. June: Federal Communications Commission (FCC)rules that stations wh ch air cigarette commercials must, under the "fairness doc- trine," broadcast anti-smoking announcements. N'ovember: FTC publishes results of the first of semi-annual tests of "tar" and nicotine content of U. S. cigarettes. Q3'745148 1969': February: FCC proposes ban on broadcast cigarette advertising.

-3- March-June: House holds committee hearings on extension of Ciga- rette Labeling Act. Finds "nothing new" in scientific evidence since 1965 hearings. May: FTC renews 1964 proposal to require extensive health warning in cigarette advertisements. July: Senate committee holds hearings on extension of Cigarette Labeling Act. Cigarette manufacturers seek anti-trust law ex- ception to permit inter-company agreement to voluntarily dis- continue broadcast advertising. 19 7 0' : A ril: President Nixon signs new Cigarette Labeling Act. Its purpose is reiteratedithat the public should be "adequately informed that cigarette smoking may be hazardous to health." Principal provisions: 1. Formalizing an offer by the cigarette industry to volun- tarily end its radio-tv advertising; such advertising is prohibited beginning Jan. 2, 1971. 2. Package "caution" label is revised to a'"warning." 3. States and localities may impose on cigarette advertising and promotion~ "no requirements or prohibition based on smoking and health." 4. FTC may not further its warning-in-advertising trade regu- lation proposal until at least July, 1971. After this date it must give Congress six months to consider further regu- lation. 5. FTC and HEW must continue their annual reports to Congress on smoking-health issue. July: U. S. Senate votes 52-15 to defeat Sen. Moss' (D-Utah) Agriculture Appropriations bill amendment to kill all government programs for tobacco price support loans, export subsid'ies, overseas sales promotion andlinspection and grading. Au ust. FTC proposes required "tar"/nicotine scores in cigarette advertisements. October: Interstate Commerce Commissionl(ICC) holds hearings on a Ralph Nader petition to prohibit smoking on buses. 03745149 November: New cigarette package labels become effective. They state, "Warning: The Surgeon General Has Determined That Ciga- rette Smoking is Dangerous to Your Health."

The Federal Highway Administration denies a Nader petition to prohibit smoking on buses. December: FTC accepts industry proposal to display voluntarily "tar" n,icotine scores in its advertising. FCC announces that after cigarette commercials leave broadcasting' on Jan. 2, 1971, the "fairness doctrine" will no longer apply to-smoking; broadcasters may assume there is no more contro- versy about its ill effects. Anti-smoking announcements may be broadcast as "public service announcements." Columnist Jack Anderson writes that "insiders" informed him of a yet-to-be-released, joint Federal Aviation Agency (FAA)- Public Health Service study that will say tobacco smoke does not represent a health hazard to nonsmoking commercial airline passengers. (see Jan. 1972) 1971: January: Claiming health hazard to nonsmokers, Surgeon.General Steinfeld proposes government ban on smoking in public places. New Congressional bills propose limits or bans on cigarette smok- ing aboard aircraft, trains, buses, and vessels carrying pas- sengers. (First one, introduced in late 1969, received little or no attention.) The FTC accepts the tobacco industry's proposal for voluntary display of "tar" andinicotine content in brand advertisements. March: U1. S. Court of Appeals for D.C. refuses a Ralph Nader request to ban smoking aboard commercial air carriers. April: Tobacco Institute announces its member companies will henceforth voluntarily display the package warning label in all media advertising. July: FTC votes not to activate its Congressionally embargoed proposal to require a severe health warning in cigarette ads. Instead, the commission plans negotiations with each manufacturer to require a more "clear`and "conspicuous" package warning in cigarette ads. Action on Smoking and Health (ASH) writes to U. S. government department heads demanding smoker segregation in offices and a total ban on smoking in public areas of government buildings. 03745150 Clearinghouse for Smoking and Health retains a New York adver- tising agency for $156,000 to prepare anti-smoking ads for broadcast and print media.

-5- November: U. S. District Court in Washington rejects the plea o£ six broadeasters to declare unconstitutional the cigarette ad broadcast ban. In a two-to-one decision the court says: "Congress has the power to prohibit the advertising of cigarettes in any media." Sen. Hartke (D-Ind.) introduces a bill mandating cigarette ad- vertisements to depict the portion of the pack bearing the Surgeon General's health warning. ICC orders smoking sections in the rear of interstate buses. Effective January 6, 1972, the area cannot exceed twenty per- cent of the seats. December: ICC postpones "indefinitely" its order to segregate smokers in buses. 1972: January: Further fragmentary reports appear in newspapers of an FAA and~U. S. Public Health Service joint study on the effects of tobacco smoke in air transport. The 85-page report says tobacco smoke is "judged~not to represent a health hazard to the nonsmoking passengers.` Maj~or cigarette advertisers and the FTC agree on a new method to display package warning in advertisements. February: Sen. Moss, chairman of the Senate Consumer sub- commlttee, holds hearings on his proposed bill to regulate the "tar" and nicotirie content of cigarettes. No further action taken. March~: Resulting from a suit by six radio stations and the Na ional Association of Broadcasters, the Supreme Court upholds an appellate court finding of constitutionality of the 1970' law which prohibits broadcast cigarette advertising. September: Civil Aeronautics Board (CAB) proposes segregated seating for smokers andnonsmokers. 1973: January: FTC denies petition from John Banzhaf, director of Action on Smoking & Health, requesting the ban of "little cigar" broadcast ads.' FTC says any'action on "little cigars" should be handled by Congress. 03'745151 H'EV submits its annual report on smoking and health to Congress.

-6- The first report to omit legislative recommendations, the document suggests special hazards for women smokers and their unborn children. February: Sen. Young (R-Fla.) reintroduces a bill to segregate smokers and nonsmokers on all public conveyances. March: Sen. Moss introduces bills to prohibit broadcast adver- tis ng of "little cigars," to impose a "tar" tax; and disallow business expense tax deductions for cigarette advertisements. April: Senate passes and sends to the House a bill prohibiting commercial broadcast advertising of "little cigars." May: CAB orders commercial airliners to separate smokers and nonsmokers because voluntary arrangements aren't working thoroughly. August: Consumer Product Safety Commission (CPSC) Chairman ichard 0. Simpson tells the New York Times he's prepared to seek a ban on all or some cigarettes if an examination confirms the surgeon general's findings on the asserted hazards of ciga- rettes. Numerous Congressmen and The Tobacco Institute point out that the Consumer Product Safety Act, which set up the * Commission, specifically exempts tobacco from CPSC jurisdiction. September: CPSC Chairman Simpson makes public the Commission's "consumer product hazard index`and puts tobacco in an area of "questionable jurisdiction." The House passes a bill prohibiting broadcast advertising of "little cigars." President Nixon signs the bill September 23rd~. It goes into effect 30 days later. December: CAB urges its employees to be "observers" when they travel by air by reporting violations of smoking regulations and~actions taken by the airplane crew to enforce the rules. 19'74: January: Extensive media coverage'reminds Americans of the tenth anniversary of the smoking-health report of the Surgeon General's Advisory Committee. February: Sen. Moss and the American Public Health Association, petition CPSC to prohibit sales of cigarettes yielding more than. 21 mg. "tar," noting that the'limit "will remove the most dan- gerous varieties of cigarettes from the market." 03'145152 April: ICC implements rule limiting 20*percent of seats on inter- state buses to smoking passengers.

Comptroller General of the U. S. rules that CPSC "does not have the authority to act" on the Moss petition to ban sale of high "tar" and nicotine cigarettes. FTC begins investigating the size of the warnings on cigarette advertisements. May: CPSC-decides it lacks authority to set mandatory cigarette "tar" levels as urged in the Moss petition. July: In transmitting the 1974 annual HEW report to Congress, Sec. einberger asks Congress to regulate "tar," nicotine, "and other ingredients shown to be injurious to health" in cigarettes. FCC decides to limit application of "fairness doctrine" to broad- cast viewpoints rather than to product commercials, thus reversing its 1967 decision which applied the "doctrine" to a whole cate- gory of product advertising, cigarettes. AuZust: In Washington, Sen. Moss, the American Public Health Assn., and the Columbia Lung Assn. petition a Federal District Court to:rule that the CPSC has authority to ban cigarettes yielding more than 21 mgs "tar" from interstate commerce. September: CPSC rejects a furniture manufacturers' petitiori to regulate cigarette burning time before regulating upholstery flammability, claiming lack of jurisdiction over cigarettes. October: HEW moves the National Clearinghouse for Smoking and Health from Washington to Atlanta headquarters of the Center for Disease Control. President Ford asks the National Cancer Advisory Board (NCAB) for an!assessment of the scientific evidence supporting responsible regulation of cigarette "tar" and nicotine levels. November: The NCAB makes a partial response to the President; the New York Times records his reaction as "cool." U. S. District Court denies cigarette manufacturers' petition to dismiss the Moss suit allowing CPSC to regulate "tar"/nicotine levels. December: Furniture manufacturers seek court judgment that CPSC does have jurisdiction over cigarette burning rates. U1. S. Attorney and cigarette companies again request court dis- missal of Moss.suit, claiming CPSC lacks jurisdiction over ciga- rette "tar" and nicotine. -_ 19 7 5: 03745153 March: FTC issues its report to Congress for 1974, again crit- icizing ling cigarette advertising and repeating earlier legislative recommendations. It makes no reference to the advertising in- vestigation begun the previous April.

-B- Moss, without referring to his court suit, introduces a bill to give CPSC jurisdiction to regulate "tar" and nicotine. May: U. S. District Court rules in the Moss suit that CPSC does Fave authority to regulate "tar" and nicotine. House and Senate consider bills to exempt tobacco from~CPSC jurisdiction. July: ASH asks ICC for tighter smoking restrictions on inter- state passenger trains. August: "Leaks" that the FTC plans charges against cigarette companies for violations of the 1972'agreement to:display health warnings in advertisements lead the companies to release a 62-page statement to FTC demonstrating their compliance. October: Despite recommendations by tobaccoland congressmen, President Ford~vetoes a bill authorizing increased tobacco price support levels. Both the House and Senate pass the Consumer Product Safety Com- mission Improvement Act; it exempts "tobacco and tobacco pro- ducts" from the jurisdiction of CPSC. FTC gets $50,000 from the National Cancer Institute to develop a means to measure carbon monoxide yields along with its "tar" and nicotine measurements begun in 1967. November: Rep. Drinan (D-Mass.) introduces a bill to stiffen th cigarette garette health warning, require "tar" and~nicotine yields on packages, end~the federal preemption of state smoking/health legislation, segregate or prohibit smoking in federal buildings and interstate transportation, and increase the federal ciga- rette tax to fund further heart/lung research. 1976: January: Responding to ASH request of July, 1975, ICC admini- st- ti e law judge proposes prohibition of smoking in railroad food service cars. February: Sens. Kennedy (D-Mass.) and Hart (D-Colo.) introduce a bill to increase federal cigarette excises according to "tar" and nicotine yields. The bill earmarks the resulting estimated $9 billion annual revenue increase for government health research. Sen. Hatfield (R-Ore.) and Rep. Drinan (D-Mass.) introduce mea- sures to outlaw smoking in many areas of federal buildings. March: ASH~petitions ICC to prohibit smoking in bus depots and pe-Tions the CAB to prohibit cigar and pipe smoking on planes. 03745154

-9- April: President Ford tells news reporters "I am against the Kennedy-Hart added tax bill on tobacco products," and that current cigarette regulation~is adequate because it permits "freedom of choice, and that is pretty important in this country." May: Ralph Nader asks the FAA to prohibit smoking in airplane cockpits. FTC's annual report to Congress says it is investigating ciga- rette advertising "to determine whether there may be deception and unfairness." Ford signs legislation to exempt tobacco from CPSC'regulation, mooting the Moss lawsuit and the furniture manufacturers' effort to obtain regulation of cigarette burning time. ICC forbids smoking in railroad dining cars but allows its continuance in lounge cars. ICC also orders separate coach cars for smoking and nonsmoking passengers. June: Releasing its survey of 12,5010 people on smoking customs and attitudes, the National Clearinghouse for Smoking and Health claims majority sentiment to prohibit cigarette advertising and public smoking,. July: The General Accounting Office urges Congress to tighten smoking regulations. August: Senate defeats, 60-25, an effort to add the i'art-Kennedy "tar" nicotine scale tax to a pending tax bill. September: HEW's "Forward Plan for Health" claims ads influence people toward harmful behavior. It stated, "A basic premise of the government's role in health education must be to strike a better balance or to offset the present lopsided bias toward indiscriminate consumption of liquor, food, drugs, or tobacco with little regard to the consequences." October: Responding to ASH petition in March, CAB proposes regulation to ban pipe and cigar smoking in aircraft. ICC amends 1974 regulation allotting rear 20 percent of bus seats for smokers, expanding allotment to 30 percent. Bus operators had requested 50 percent. Claiming tobacco smoke and radioactivity are an unhealthy com- bination, the National Park Service bans smoking in federally- owned caves. 03'745155 General Services Administration issues guidelines that nonsmoking areas be established in GSA cafeterias and forbids smoking in GSA auditoriums, elevators, and shuttle vehicles.

~ -1o- ~ 1977: February: FTC announces plans to test carbon monoxide levels in cigarette brands. March: Rep. Broomfield (R-MichJ introduces legislation to end tFe price support program for tobacco. President Carter proclaims April as Cancer Control month, stating, "The fight against cancer also depends on the willingness of the American people to alter their eating, drinking, and smokingg habits and to seek early and appropriate medical care." Rep. Harkin (D-Iowa) introduces a bill to deny tax deductions for monies paid to advertise tobacco products. The Center for Disease Control (CDC), part of HEW, issues, a 73-page report on state legislation on smoking and health, 1976. A ril: Sen. Hart (D-Colo), introduces a Health Protection Tax Act of 1977, imposing a cigarette tax based on "tar" and' nicotine contents. The FTC holds a closed door hearing on cigarette ads and labeling. The Commission announces that it has sued in Washington's U. S. District Court to "require the six major domestic cigarette manufacturers to file special reports on cigarette advertising and labeling. " May: HEW Sec. Califano announces that a top priori^y of the Administration's health plan will be decreasing the number of smokers. FAA agrees to prohibit smoking in mobile lounges used to trans- port passengers between planes at Dulles International Airport. The House amends the foreign aid bill to exclude tobacco from PL 480!. ' June: FTC Chairman~, Michael Pertschek, says there is "strong e iv dence'" that "consumers are still not adequately warned of the hazards of smoking." Senate votes to include tobacco sales in the PL 480 program but gives mandatory priority to food and fiber commodities. HEW Sec. Califano announces plans to put his department behind a "vigorous" anti-smoking campaign. July: House defeats a bill to eliminate the tobacco price O support program. ~ ~ C!1 • M~+ C!7