Tobacco Documents Online

T10993-0556

This is a tobacco advertisement before H.R. 5041. CMD Wa On Ifvr'I0 M Cl'%O~;~`.~ SURGEON GENERACS WARNING: Smoking Caises Lung Canaei, Hezii DIseese. Emphysema, And May Complicata Pregnancy- T10993-0557

This is a tobacco advertisement after H.R. 5041. WARNING: Cigarettes Kill CAROLINA CIGARETTES WARNING: Cigarettes Kill CAROLINA CIGARETTES INSWnIrNrF~IryI!,lyInyduyansllyl. snl 9cemi-. ribm mlli Nniqrv~ny Mr i i ib 9pgm8y m~In CriMIA9 Nf9k. Mlii AeUI I IUNOL INIUNMNI ION AEOUTAEU er HHS IryixM1 IrrNrspmsi Lyt ynr LN1WrymrurmIosiyl. rySlsnsGLlMn mm, onmNivny ren .. n• I n rMn s yllrrvd NoG[ Mnumm ml Noll. bm.ncqmicrmcynvmiocrosruna 20 CLASS A CIGAFEiTES ADDITIONAL INfURMATION REQUIRED BY HHS Yhr Iryyrl snl cotl Opsdnh drlnyd got ehsg in yhr opinion Ng IYV, id yhr motly hsntdomr plrtlmysylpn og Mr riprgsvr sa vlrryrl yttr trdlhnrt. Rge Ulakua semes u6lree weuggls presebls a retresgu6g serut nclterbm agreeabkr'ryt II Ige Irtlubart ub everl resoect Ut us tgus sinewgal clblratlutlirt tlr.oarlyre Available from your local retailer Color? Prohibited. Pictures? Prohibited. People? Prohibited. Trademark Logos or Symbols? Prohibited. Slogans? Questionable ... H.R. 5041 combines draconian warning format requirements with drastic restrictions on ad content. These restrictions would render tobacco advertising virtually useless. Indeed, the content control restric- tions would prevent producers of a legal product from using traditional visual techniques to communicatc with consumers of that product. The bill is, in effect, proposed government censorship of commercial free speech. It would violate the First Amendment of our Constitution and would establish a landmark precedent for restricting or banning the advertising of countless other legal products. H.R. 5041 IS AN ADVERTISING BAN IN SHEEP'S CLOTHING. YOU HAVE OPPOSED AD BANS IN THE PAST. DO NOT BE FOOLED BY , THIS THINLY VEILED IMPERSONATION. T10993-0558

Seven reasons why H.R. 5041 should be rejected. 1. H.IL 5041 Does Not Just Propose Restrictions. It Creates a De Facto Ban. The restraints imposed on tobacco product advertis- ing by H.R. 5041 would render such advertising virtually useless. The bill would not allow the manufacturers of these legal products to com- municate with their consumers nor use advertising to compete for a larger share of the available market. 2. H.R. 5041 Would Prohibit Unconstitutionally the Use of Pictures and Illustrations. The U.S. Supreme Court has stated affirmatively that pictures and illustrations "serve important com- municative functions" and are "entitled to the First Amendment protections afforded verbal commercial speech:" This conclusion applies directly to the specific restraints that would be imposed by H.R. 5041. 3. The Bill Seeks to Lower Communications Aimed at Adults to the Level of the Sandbox. The U.S. Supreme Court has stated that in an effort to protect the young by restricting advertising, the government cannot "reduce the adult population [to seeing] only that which is fit for children:' Adults lawfully entitled to use tobacco should not be denied truthful, non-deceptive information about its avail- ability simply because tobacco advertisements may be seen by minors who cannot legally purchase the products. 4. H.R. 5041 Fails to Pass Constitutional Muster. The American Civil Liberties Union, the Washington Legal Foundation and numerous other constitutional authorities have testified that the massive scheme of governmental censorship proposed by H.R. 5041 is unconstitutional. The bill is "broader than reason- ably necessary" to advance the goal of reducing smoking. Also, there is no evidence that the restraints imposed by the bill would significantly advance the government's interest. The President's American Advertlsing American Association Associatinn of p7agazine Pubtishers Outdoor Adverlising Federation ofAdvertising Agencies National Advertisers Acsociation AssocialionofAmerica 1400 K Street, NW 1899 L Street, NW 1725 K Street, NW 1211 Conn. Ave. 1212 New York Ave., N W Suile1000 Suhe700 Suiie601 Suite4t16 Suite1270 Washington,D.C.20035 Washington, D.C.20036 Washington, D,C.20096 Washinglon, D,C.20036 Washington. D.C. 20005 (202) 898-0089 (202) 331-7345 (202) 785-1525 (202) 296-7277 (202) 371-5566 Council of Economic Advisers concluded that bans and restraints on tobacco advertising have not worked in foreign countries. Why would they work in the United States? 5. H.R. 5041 Would Not Decrease Overall Consumption of Tobacco Products. Supreme Court precedent clearly establishes that the government bears a heavy burden of proving that its proposed censorship will directly advance the pur- ported goal of reducing tobacco consumption. Numerous studies confirm that children's attitudes and behavior regarding smoking are developed primarily through experience with parents, other family members and peers-not advertising. In fact, even former Surgeon General Koop found: "There is no scientifically rigorous study available to the public that provides a definitive answer to the basic question of whether advertising and promotion increase the level of tobacco consumption." 6. H.R. 5041 Would Undermine Existing Federal Legislation. A purpose of the Federal Cigarette Labeling and Advenising Act was to prevent "diverse, non- uniform and confusing cigarette labeling and adver- tising regulation." H.R. 5tk11 would authorize state and local governments to ban or restrict the tobacco advertising that is currently allowed by Congress. 7. Tobacco Advertising Today, Alcohol and High Cholesterol Foods Tomorrow. What Next? Precedents established by passage of H.R. 5041 would set the stage for similar restrictions and bans on the advertising of other legal products considered unacceptable by some members of society. Once opened, the censorship door may never be able to be closed. Every American adult has the right to receive infor- mation about legal products through truthful and non-deceptive advertising. Express your objection to H.R. 5041 now. FREEDOM TO ADVERTISE COALITION Point of Purchase Advenising Institute 66 N. Van Brunt Street Englewood. NJ 07631 (201)894-8899 T10993-0559