Tobacco Documents Online

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Cigarette Advertising and Promotion Code n 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 provisions of the original Cigarette Advertising Code of : 1964,.as restated irr 1982; (2) the Code of Cigarette Sampling Practices of 1981, as amended in 1983; and (3) the additional restrictions on cigarette advertising and promotion adopted by the industry in 1990.

vertising n ~igarette advertising shall.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 school or any children's playground. No payment shall be made by any cigarette manufacturer or any agent thereof for the placement of any cigarette, cigarette package, or cigarette advertisement as a prop in any mov{e produced for viewing by the general public. No one ~depicted in cigarette ~ advertising siW be cx appear to be under 25 years of age. . 0 4. Cigarette advertising shall not suggest that smoking is essential to social prominence, distinction, success or sexual attraction, nor shall it picture a person smoking in an exaggerated manner. 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 been well known as an athlete, nor shall it show any smoker partici- pating 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.

Sampling ~ 1. 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, sidewalks or parks, except fn places that are open only to persons to whom cigarettes lawfully may be sold. 3. Cigarette product samples shall not . otherwise be distributed 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_. 5. Cigarette samples shall not be distributed by mail without written, signed certification that the addressee is 21 years of age or older, a smoker and wishes to receive a product sample. 6. Cigarette samples shall not be distributed in direct response to requests by telephone. 7. Persons who engage in sampling shall not urge any adult 21 years of 4 i age or over to accept a sample if the adult 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. 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 shap secure their stocks of samples in safe locations to avoid inadvertent distribution of samples contrary to these provisions. 11. Persons distributing cigarette samples shall avoid blocking or otherwise significantly impairing the flow of pedestrian traffic. 12. In the event that circumstances anse at a particular location that make it unlikely that sampling ban be conducted in a manner con- sistent 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.

n 14. Each cigarette manufacturer sha0 impose by contract on a0 indepen- dent 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 sampling, 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 compliance 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 and knowingly violates any of the provisions of this Code concerning cigarette sampling shall be discharged from employment as a cigarette sampler. Other Promotional Activities n 1. There shall be no mail distribution of nontobacco premium items bearing cigarette brand names, logos, etc., without written, signed certification that the addressee is 21 years of age or older, a smoker and 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 pur- chase of a package or carton of cigarettes or to persons 21 years of age or older. 3. Clothing bearing cigarette brand names or logos shall be in adult sizes only.

Definitions 11 1. "Advertising" means ali'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 dis- tributing 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 maif, and the public areas of shopping centers and office buildings. Deoember 1990