Lorillard
Fields
- Author
- Kornegay, H.R.
- Area
- LEGAL DEPT FILE ROOM
- Alias
- 03745386/03745393
- Type
- LETT, LETTER
- Named Organization
- Clearinghouse on Smoking + Health
- Ftc, Federal Trade Commission
- Hew, Dept of Health Education and Welfare
- Inst of Medicine
- Nas, Natl Academy of Sciences
- Natl Center for Health Statistics
- Natl Inst on Drug Abuse
- Public Health Reports
- Sgc, Surgeon General's (Advisory) Comm
- TI, Tobacco Inst
- Ftc, Federal Trade Commission
- Copied
- Stevens, A.J.
- Named Person
- Kovar, M.G.
- Surgeon General
- Document File
- 03745010/03745447/Hew's Anti Smoking Campaign Vol 1 2 790100 - 790523.
- Date Loaded
- 05 Jun 1998
- Request
- R1-037
- R1-093
- Characteristic
- DRFT, DRAFT
- MARG, MARGINALIA
- Litigation
- Stmn/Produced
- Site
- N14
- Master ID
- 03745010/5826
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Document Images
DRAFT
Dear Mr. Secretary,
My purpose in writing to you is an attempt to clarify
the facts about youth tobacco smoking and the role of cigarette
brand' advertising, as well as to inform you of a record of
industrial restraint, self-imposed, which we believe is second
to none in support of its policy that smoking is an adult custom
to be considered only by mature and informed individuals.
This letter will outline that record. It is my earnest
hope that this may lead you to a reassessment of your position
on these matters.
.
October 31, 1977, you stated publicly that "someone is
spending billions of dollars each year to keep people from
making fully informed choices about smoking and alcohol."
On April 26, 1979, you stated that the cigarette industry
is spending "staggering amounts...just to persuade people --
including young people -- that smoking is pleasurable and
attractive."
In the interim 18 months, your speeches, news conferences,
Congressional testimony and other public statements have on
numerous occasions contained pejorative characterizations of
cigarette brand~advertising and dealt with the undesirability p
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of tobacco cigarette smoking by young persons, w;4-h confusing
4
and obviously unreliable statistics about trends in youth,
smoking and w4-*}i contradictory claims about youth smoking
l
motivation.
As a climax to these many statements, last month you
announced'iln a speech your intent to ask the cigarette industry
to devote ten percent of its brand advertising expenditures
for a campaign to discourage young persons from smoking
cigarettes. ~
cigarette bran&advertising in campus publications aliong with
brand sampling and other brand promotion on campuses.
Two years later, in,1965, the same companies adopted an
administratively controlled advertising code which embraced
the 1963 actions and', in addition, forbade use of advertising
Health, all U. S. cigarette manufacturers voluntarily discontinued
Your statements about smoking among young persons an&
the role of cigarette advertising are simply not supported by
the facts. You have also~incorrectly assumed that advertisementss
for competing brands of cigarettes have an effect on the
decision to begimsmoking.
Sixteen years agoy when relatively few of today"s
teenagers had been born, and'before publication of the 1964 Report
of the Advisory Committee to the Surgeon Generall on Smoking and'
testimonials by athletes or other celebrities who might have
special appeal to youngsters. The companies also agreed to
.
1~ avoid advertisiing which represented'ici,garette smoking as essential

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o social prominence, success or sexual attraction; to avoi&
ctivities requiring stamina or conditioning beyond those
depicting smokers iniadvertilsing engaged in sports or other
who were or appeared to be under 25.
In 1967, in view of increasing cigarette brand competition
in broadcast media and of the growing and captive youth audience
for those media, the cigarette companies began studying 7e yfi"cs,by'r
such advertis ing . I ~N4_ X-k.-dA N
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methods to decrease their.broad!cast advertising. These
deliberations ended with their joint request to Congress in
1969 to enact legislation which would make it lawful for them to
agree to discontinue all broadcast advertising. Congress
responded, effective early in,1~971, with a statute prohibiting
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1
Meanwhile, in 19701, the companies agree to pu lish, in .,rs.a-V-
each advertisement, current yields of "tar" and nicotine as
reported by the Federal Trade Commission for the advertised bran
In 1971, the companies volunteered, when cigarettee
packages were depicte&in advertisements, to display the
Congressionally enacted health warning notice on them. The
following year, each company entered into a consent agreement
with the Federal Trade Commission under which the notice was
include&in each adVertisement.
There are other, less-known elements of the cigarette
industry's "adults only" policy. During the later years of
broadcast advertising, tobacco companies searched audience
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ratings for schedules and times likely to capture audiences
with the smallest number of young persons. Persons who
distribute promotional cigarette samples have been meticulously
instructed to avoid distribution to any individual who does
not appear to be an adult. The companies have ruled out direct
mail distribution of samples to adults, on the groundithat
they might be intercepted by youngsters.
Since 1971, cigarette brand'advertising has appeared sR4-y
iznrjn principally in newspapers and magazines where
youth readership is minimal. The absence of such advertising
in electronic media has eliminated the great preponderance
of youth exposure to it.
Last January, the new report of the Surgeon General on
smoking and1health, which you personally publicized, dealt with
teenage smoking motivation. It stated that "by the time
children reach junior high school, almost all of them believe
smoking is dangerous." As to their smoking motivation, the
report suggested the influence of smoking parents, older siblings
and peers. But with regard to advertilsing, it declared that "the
influence of the mass media in the initiation of smoking is
somewhat more difficult to establish."
I bellieve it is reasonable to assume that the Surgeon
General was saying that the influence of advertising has not
been established. Nonetheliess, in your forewor&to the same
document, you stated that smoking is "a powerful habit often
taken up by unsuspecting children, lured by seductive multi-
million dollar cigarette-advertising campaigns."

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5
It would appear, therefore, that as the author of a
proposal for a major shift in the application of cigarette..
~
r
enfortunately, Ms. Kovar reported at the same time that
marijuana and hashish use appeared to be increasing in the same
4
about the rates and numbers of teenage tobacco smokers, and
their trends.
For example, we were encouraged to learn nearly a year
ago that your Department"s National Institute on Drug Abuse
had data showing that increases in drinking and tobacco
cigarette smoking among adolescents had ceased as long ago as
1974, well before you took office. These data were reported
by Mary Grace Kovar, of HEW's National Center for Health
Statistics, in a paper read to the Institute of Medicine at
the National Academy of Sciences here in Washington, and
discussed by her at a news conference, on June 26, 1978.~
due respect, IL&ax-the same is true regarding your pronouncements
brand advertising resources you have been ill informed or
badly advised regarding their present applications. With all
report in 1977 by the director of HEW's Clearinghouse on Smoking
age group. The NIDA data, for instance, showed~ 29 percent of
16-17-year-olds using marijuana or hashish in 1977, and 35
percent smoking tobacco )
This report that the rise in the rate of teen smoking
had ceased was especially gratifying to us, in view of the
and Health,.that "each year from~now on we are going to have
fewer teenagers than the year
before," referring, of course,

the decline in birth rates which~began around 19601. A stable
smoking rate applied to a smaller number, obviously, meant
a decrease in teen smoking~.
Thus we were puzzled last January, when, in the foreword
to the new Surgeon General's report, you wrote of an increase
in teenage smoking, six months after the reassuring and
contrary data appeared'from your Department. This was followed
by your statement on February 15, 1979, that "The rate of
teenage smoking is apparently on the rise."
In March, as you must be aware, the NIDA data were
published in your Department's magazine, Public H'ealth Reports,
and~ were characterized as showing that "ad'iolescents of any age
were less likely to be smokers in 1977 than in 1974."
It was not until April 26 that you mentioned what you
called "good news" about the decline in teenage smoking. Yet,
having done so, you continued your bitter and inexplicable
attack on cigarette brand advertising.
It seems, Mr. Secretary, that you wish to curtail the
advertisement of legal products -- tobacco cigarette brands --
through a misguided and unsupportabie rhetorical campaign. 0
the one hand~, you have emphasized, on many occasions, your claim
that all cigarette brand advertising is d~esigned to persuade and~
succeeds in persuading children to smoke tobacco. On the
other hand, when you feel that it is important to seek public
funds for research, you are able, as you did last January 11, 4
to state unequivocally that "we do not know why approximately ~
C1T
one-third~of our young people are smokers by the time they are ~

7
18 and the other two-thirds are not."
c
We have no disagreement about the latter statement. What
the tobacco industry does know, however, is that cigarette
brand advertising is not the answer. Close to one-third of
America's teenagers are users of marijuana and hashish by the
time they are 18. Nobody advertises marijuana or hashish.
You stated on April 26 that the failure of the cigarette
.manufacturers to accept your suggestions would permit the
conclusion that their managements "care more about the health
of their corporate treasuries than the health of this nation's
child'ren."
I hope the foregoing will indicate the urgent necessity
for your reconsideration of that most unfortunate observation.
Sincerely,
/s/ Horace R. Kornegay

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