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Philip Morris

Cigarette Advertising and Promotion Code

Date: Dec 1990
Length: 4 pages
2022975615-2022975618
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2022975599/5670
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PAMP, PAMPHLET
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N28
Litigation
Stmn/Produced
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2022975598/2022975671/Cigarette Advertising & Promotion Code
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Stmn/R1-004
Stmn/R1-093
Stmn/R1-099
Stmn/R1-100
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LEGAL DEPT/CENTRAL FILES
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05 Jun 1998
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zen68e00

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, ,. December 1990 CIGARETTE ADVERTISING AND PROMOTION CODE Cigarette smoking is an~adult custom. Children should not smoke. Laws prohibiting the sale of cigarettes to minors should be strictly enforced. The cigarette manufacturers advertise and promote their products only to adult smokers. They support the enactment and enforcement of state laws prohibiting the sale of cigarettes to persons under 18 years of age. The cigarette manufacturers have adopted the following Code to emphasize their policy that smoking is solely for adults. This Code, as set forth below, combines (1) the provi- sions of the original Cigarette Advertising Code of 1964, as restated in 1982; (2) the Code of Cigarette Sampling Practices of 1981, as amended in 1983; and (3) the additional restric- tions on cigarette advertising and promotion adopted by t:;e industry this year. ADVERT I S ING 1. Cigarette advertising shalil not appear -- (:a) in publications directed primarily to those under 21 years of age, including school, college or university media (such as athletic, theatrical or other programs), comic books or comic supplements; or (b) on billboards located within 500 feet of any elementary school, junior high school or high schcol or any children's playground. N 2. No payment shall be made by any cigarette manufacturer ~ or any agent thereof for the placement of any cigarette,j~ cigarette package, or cigarette advertisement as a prop CO in any movie produced for viewing by the general pub;:c.~%f C1i 3. No one depicted in cigarette advertising shall be or 0 appear to be under 25 years of age. ~ 4. Cigarette advertising shall not suggest tnat smoking :s essential to social prominence, distinction, success cr sexual attraction, nor shall it picture a person smoki^g in an exaggerated manner.
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2 5. Cigarette advertising may picture attractive, healthy looking persons provided there is no suggestion that their attractiveness and good health is due to cigarette smoking. 6. Cigarette advertising shall not depict as a smoker anyone who is or has beemwell known as an athlete, nor shall it show any smoker participating in, or obviously just having participated in, a physical activity requiring stamina or athletic conditioning beyond that of normal recreation. 7. No sports or celebrity testimonials shall be used or those of others who would have special appeal to persons under 21 years of age. S11MPLING ~ L. Persons who engage in sampling shall refuse to give a sample to any person whom they know to be under 21 years of age or who, without reasonable identification to the contrary, appears to be less than 21 years of age. 2. Sampling shall not be conducted in or on public streets, -s-i-de:walks. or parks,. except !irr places-•that -are open on-ly to persons to whom cigarettes lawfully may be sold. 3. Cigarette product samples shall not otherwise be distr:b- uted in any public place within two blocks of any centers of youth activities, such as playgrounds, schools,, college campuses, or fraternity or sorority houses. 4. The mails shall not be used to distribute unsolicited cigarette samples. jV O 5. Cigarette samples shall~ not be distributed by mail jV without written, signed certification that the addressee 2V ~ is 21 years of age or older, a smoker and wishes to receive a product sample. CA 6. Cigarette samples shall not be distributed in direct ~ response to requests by telephone. ~ 7. Persons who engage in sampling shall not urge any ad.::- 21 years of age or over to accept a sample if the adu:: declines or refuses to accept such sample. 8. Persons who engage in sampling shall indicate by oral or written means that samples are intended only for smokers.
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f 1 ... 3 9. No cigarette samples shall be distributed by a sampler in a public place to any person in a vehicle. 10. Persons distributing cigarette samples shall secure their stocks of samples in safe locations to avoid inadvertent distribution of samples contrary to these provisions. 11. Persona distributing cigarette samples shall avoid blocking or otherwise significantly impairing the flow of pedestrian traffic. 12. In the event that circumstances arise at a particular location that make it unlikely that sampling can be conducted in a manner consistent with the provisions of this Code, sampling shall be stopped at that location until such circumstances abate. 13. Persons distributing samples shall promptly dispose of empty sample boxes and shall take reasonable steps to ensure that no litter remains in the immediate area of sampling as a result of sampling activities. 14. Each cigarette manufacturer shall impose by contract on all independent contractors who conduct cigarette sampling on the manufacturer's behalf a set of sampling standards no less stringent than those contained in this Code. In addition, each cigarette manufacturer shall require such sampling contractors to inform all personnel employed by the contractor who engage in sampling activities of the provisions of this Code concerning cigarette sampI:n9, both orally and in writing. 15. Persons who engage in sampling shall be monitored on a periodic basis by supervisory personnel of the cigarette manufacturer and/or independent contractor for whom the sampling activities are being conducted to ensure com- pliance with the provisions of this Code concerning cigarette sampling. 16. Each cigarette manufacturer shall take all reasonable ~ steps to ensure that any person who engages in sampling N and knowingly violates any of the provisions of this ~ Code concerning cigarette sampling shall be discharged j~ ~ from employment as a cigarette sampler. OTHER PROMOTIONAL ACTIVITIES Q? ~ 1. There shall be no mail distribution of nontobacco ~ premium items bearing cigarette brand names, logos,
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/ I etc., without written, signed certification that the addressee is 21 years of age or older, a smoker ar,d wishes to receive the premium. 2. There shall be no other distribution of nontobacco premium items bearing cigarette brand names, logos, etc., except with the purchase of a package or carton of cigarettes or to persons twenty-one years of age or older. 3. Clothing bearing cigarette brand names or logos shall be in adult sizes only. DElINITIONS 1. "Advertising" means all forms of advertising including vehicle decals, posters, pamphlets, matchbook covers and point of purchase materials in the United States, Puerto Rico, and U.S. territorial possessions. 2. "Sampling" means giving or distributing without charge packages of cigarettes in a public place for commercial advertising purposes ("cigarette samples"), but does not include isolated offerings of complimentary packages or the distribution of such packages to wholesale or retail customers or to company shareholders or employees in the normal course of business. 3. "Public place" includes any street, sidewalk, park, plaza, public mall, and the public areas of shopping centers and office buildings.

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