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Philip Morris

Legal Backgrounder Keeping An Open Mind: George Will and the Ad Ban Controversy

Date: 16 Oct 1987
Length: 9 pages
2023034410-2023034418
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Author
Oliver, D.
Will, G.
Area
LEGAL DEPT/100 PARK FILE ROOM
Type
NELE, NEWSLETTER
Named Organization
Kate + Allie
Legal Backgrounder
Natl Review
Newsweek
Ny Times
Sporting News
US Supreme Court
Wa Post
Wlf, Washington Legal Foundation
American Civil Liberties Union
Cagney + Lacey
Facts of Life
Ftc, Federal Trade Commission
Named Person
Will, G.
Allen, F.
Bismarck
Bradley, W.
Brinkley, A.
Brinkley, D.
Kinsey
Kinsey, A.
Mailer, N.
Manchester, W.
Neuborne, B.
Oliver, D.
Rehnquist
Stengel, C.
Recipient
Will, G.
Document File
2023033889/2023034493/Correspondence PM Companies Inc.
Author (Organization)
Ftc, Federal Trade Commission
Newsweek
Wa Post
Wlf, Washington Legal Foundation
Request
Stmn/R1-004
Stmn/R1-106
Litigation
Stmn/Produced
Site
N28
Master ID
2023034398/4429
Related Documents:
Date Loaded
05 Jun 1998
Brand
Benson & Hedges
Carlton
UCSF Legacy ID
ubn44e00

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However, I am prepared to assume, for the purpose of advancing the argument, that all cigarette advertising is aimed at confirmed! smokers. (Much of it does read that way. Benson & Hedges addresses "People who like to smoke." Carlton: "If youi smoke, please try Carlton."), And opponents of an, advertising ban have two powerful arguments. One is that it is imprudent to allow government to ban the dissemination of true information in order to modify mass behavior, even when the modification is obviously desirable. The second argument is that is some countries where cigarette advertising was banned~, cigarette consumption increased. And the sharpest drop in consumption (17 percent in a decade) occurred! in a country saturated with cigarette advertising,-- the United States. That fact could have something, to do with this fact: all a ban would certainly accomplish is an end to repeated exposure of smokers to the government-mandated health warning in all cigarette advertisements, and; to "low tar" claims that communicate the fact that smoking involves tar and tar is not good~. To understand one reason, for banning cigarette advertising, consider this fact about two forms of controversial advertising. All advertisements for condoms and cigarettes communicate at least the message that the use of those products is socially acceptable for all consumers. But cigarette use should not be presented as acceptable. However, a ban on cigarette advertising may be unimportant. Consider the way attitudes regarding condoms and cigarettes are moving rapidly in opposite directions. Condoms are decreasingly, and cigarettes are increasingly, controversial p oducts. Clearly, factors other than advertising are much, more powerful than adver- tising in shaping attitudes. Cigarette advertising today is remarkably impotent against the rising tide of sentiment that smoking is d6cliasse and dumb. To be sure, some of the virtuous intolerance of smoking derives from epidemiological studies demonstrating that cigarette s^;oke is a toxic air pollutant injurious to nonsmokers exposed to it. But even more important is the fact that smokers are socially and professionally jeopardized because smokers are unpleasant to be around and can reasonably be considered impervious to important evidence. A ban on cigarette advertising seems increasingly unimportant, given the attitudinal change running counter to the tobacco N industry's advertising efforts. Which brings me to Alexis~ Brinkley, a willowy 17-year-old withithe will of Bismarck. ~ Her fatherDavid:, the broadcaster, grew u~p, in N'orthCarolina,c.a tobacco, state where smoking may have seemed' a civic duty. OneZ, day a few years ago, Alexis announced she would not enter a roomO" N ~ -S
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where her father was smoking. Like any father confronted with an ultimatum from a d'aughter, David'w d'rew himself up to his full hei~ght and ... capitulated. Smoking, which, causes 350,000 premature death~s annually, is not a private transaction between a: smoker and his lungs. Through insurance companies and government subsidization of health care, we have socialized the cost of smoking, so society has a stake in decreasing it. But Alexis" way is the safest, quickest way -- and the way we are proceeding -- to make smoking,what it should be: a stigmatized activity. Copyright 198'7 The Washington Post All rights reserved. Reprinted by permission.

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