Tobacco Documents Online

December 17, 1970 V ) Federal Trade Commission Washington D C 20580 Gentlemen: ~~ V ~ U 7970 ? ) 0 ) ) 3 Zr' ~ In accordance with the Commission Press Release of October 1, 1970, each of the undersigned companies which manu- factures, or is a primary distributor of, varieties of ciga- rettes which are presently advertised, and any of its sub- sidiaries similarly engaged, is writing to set forth a voluntary program for the disclosure of "tar" and nicotine in its paid consumer-directed cigarette advertising in the United States placed by each of the undersigned companies. Under this program, each company will disclose clearly and prominently for the variety of cigarettes advertised the values for "tar" in milligrams and for nicotine in tenths of a milligram contained in the Federal Trade Commission published test results, under its present methodology, in all advertising in newspapers, magazines, and other periodicals published and distributed in the United States, including newspapers, maga- zines, and other periodicals. distributed primarily to members or units of the Armed Forces of•the United States located abroad, in advertisements appearing on billboards in the United States, in advertisements printed on handbills and in direct mail circulars that are distributed to consumers in the United States, and in advertisements on_signs, displayed inside of stores and other places of business selling cigarettes, which are reasonably not expected to be exposed to the public beyond a six month period. Each of these adv%Aisements will include the "tar" and nicotine data, as rounded off by the Federal Trade Commis- sion, from the Commission test results'most recently published in the Federal Register. Bowever, in order to meet the general and ordinary deadlines for submission of advertising copy estab- lished by the medium by or in which the advertisement is to appear, each company may use the "tar" and nicotine data from the published Commission test results covering the test prior to the most recently published test, in lieu of the most recently published test results, (a) in'all advertising in those issues

). , ) ) ) ) , Federal Trade Commission Page Two. of newspapers, magazines, and other periodicals for which the closing date on which an advertiser must, according to the regu- lar schedule of that newspaper, magazine, or other periodical, deliver the advertising material in final form to the printer, to the publisher, or as to spectacolor-type to the production house, is less than thirty working days after publication of the most recently published Commission test results in the Federal Register; (b) in all advertising printed on handbills and in direct mail circulars which is delivered in final form to the printeY less than thirty working days after publication of the most recently published Commission test results in the Federal Register; (c) in all advertising appearing on billboards which a.s delivered in final form to the printer, or is painted or as- sembled, less than thirty working days after publication of the most recently published Commission test results in the Federal Register; and (d) in all.advertising printed on signs displayed inside of stores and other places of business selling cigarettes, which is reasonably not expected to be exposed to the public beyond a six month period, which is delivered in final form to the printer less than thirty working days after publication of the most recently published Commission test results in the Federal Register. The disclosure will be in the following language: mg. "tar", mg. nicotine av. per cigarette, FTC Report (date). ) j Necessarily, the carrying out of this voluntary program is predicated upon the Commission continuing to test the ad- vertised varieties of cigarettes and to publish its results in the Federal Register at regular and periodic intervals of not more than six months. Where the most recent Commission published test results do not include a variety then manufactured or primarily dis- tributed and advertised by any company, that company will dis- close in its advertising, until Commission test results on that variety are next published, the "tar" and nicotine values

1 ) 1 ) j . Federal Trade Commm~ission Page Three determined by that company in its own "tar" and nicotine test on that variety conducted in accordance with the present Federal Trade Commission methodology. In the interval prior to the pub- lication of Commission test results, that company will utilize , the following language: mg. "tar", mg. nicotine av. per cigarette by FTC method. If at any time any company undertakes the manufacture or the primary distribution of a new variety of cigarettes to be advertised, it will under this program disclose in its adver- tising the "tar" and nicotine values determined by that company in its own "tar" and nicotine tests on that new variety con- ducted in accordance with the present Federal Trade Commission methodology, when it begins the advertising of that new variety. in the event that any company determines from test data that the "tar" or nicotine value of any of its varieties available to consumers has become larger or smaller by more than twenty percent of the most recently published rounded Commission test results, that company may request the Commission to conduct a special test on such variety based upon a sample of cigarettes picked up in the marketplace by Western Union, in accordance with arrangements between the Commission and Western Union, with the requesting company bearing all costs of such a pick-up. The requesting company may simultaneously with its request to the Commission, also request the Tobacco Institute Testing Laboratory to obtain from Western Union a similar market pick-up of the variety. If within forty-five working days after the company's request to the Commission, the Commission supplies the company with its test results, the company will thereafter utilize those test results in advertising placed after that date in accordance with this program. If the Commission does not supply test re- ~ sults within forty-five working days, then the company will ~ utilize, in accordance with this program, test results of the N Tobacco Institute Testing Laboratory on the market sample until Ma such time as the Commission test results are made available to CA it. ,p, 9 ~P

1 V ) I Federal Trade Coffiaission Page Four The submission or the carrying•out of this program does not constitute an admission by any company that "tar" and nico- tine have any significance in relation to human health. Each of these companies is confident that the program presented, which they intend to begin thirty working days after the Commission has considered it in lieu of any formal Trade Regulation Rule proceeding and hearing, constitutes a plan that is feasible. Respectfully submitted, ) 1 .4 ) BROWN & WILLIAMSON TOBACCO CORPORATION BY.~.. ~ .. . ..~ Addison Yeaman, Executive Vice President LARUS & BROTHER COMPANY, INC., TRADING AS THE HOUSE OF EDGEWORTH l By f-&: "%'~ ~:-~ W. Brooks George, ~ Chairman of the Board LIGGETT & MYERS INCORPORATED ) By ~ Milton E. Harrington, President ~

) ) Federal Trade Corunission Page Five LORILLARD, a Division of Loew's Theatres, Inc. I BY ;~......t r s Curtis H. Judge, ipr e ic~ent PffiLIP MORRIS,. O. S.A: / 1 . BY v Ross R. Milihiser, President ) R.J. REYNOLDS TOBACCO COMPANY ) ) j ) , r BY S" 0'"^'..' 4~`'~'~FiO Colin Stokes, Chairman of the Board UNITED STATES TOBACCO COMPANY BY L. A. Bantle, President