Tobacco Documents Online

, r I ' 6-23-64 X - 23 ANTITRUST DIVISION' LETTER ON CIGARETTE ADVERTISING CODE June 19, 1964' Paul A. Porter, Esquire Arnold, Fortas & Porter 1229 Nineteenth Street, N. W. Washington, D. C'. 20036 Dear Mr. Porter: . This will refer to your letter of April 27 and the subsequent discussions we have had pertaining to your request for "confirmation from the Department that the signatory companies will not be prosecuted or sued under the antitrust laws by reason of the ir adherence to "a proposed Cigarette Advertising Code. We understand from the subsequen` conversations that what is presently sought is immunity from criminal prosecution alone. We note that the Code Administrator is apparently supposed to enforce and in part establish~ standards for advertising dealing with the public health hazards. We also note that the Federal Trade Commission is presently considering the es- tablishment of such standards and that the House Interstate Commerce Committee is about to hold hearings concerning a number of bills which would establish such standards. Such proceedings will undoubtedly cast additional light on what stand- ards are appropriate and whether they should be enforced by a public agency or by private action. Under these circumstances it would be inappropriate for us to give any sanction to the permanent establishment of a private organization setting industry standards until the views of Congress and the Federal Trade Commission have been made known, In the meantime, however, ;. we assure you that no criminal antiturst prosecution will be brought by us as a result of adherence. to the Code. This commitment on our part should not be taken to represent a judgment that the Code will in fact reduce the health hazards resulting, from smoking or lessen the appeal of cigarette advertising to youth. Sincerely yours, WILLIAM H. ORRICK. JR. Assistant Attorney General Antitrust Division -0- ATRR TTn 1 ['