Philip Morris
Opening Statement - H.R. 5041 Warning Statement Proliferation
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- 2023914806/5052
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- Request
- Stmn/R1-073
- Stmn/R1-074
- Document File
- 2023914805/2023915131a/Briefing Book H.R. 5041 Waxman Hearing 900712
- Named Organization
- Centers for Disease Control
- Ftc, Federal Trade Commission
- Hhs, Dept of Health and Human Services
- Journal of the American Medical Assn
- Ftc, Federal Trade Commission
- Litigation
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- N332
- Date Loaded
- 05 Jun 1998
- UCSF Legacy ID
- ywv24e00
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opening Statement - H.R. 5041
Warning Statement Proliferation
Thank you, Mr. Chairman. While I laud your efforts to prevent
young people from smoking, I question the effectiveness of the
methods you present in this bill. I refer specifically to the
provision regarding warning labels.
We already have warning labels on cigarette packs and ads.
They're on billboards, in magazines, in newspapers, even a
Doonesbury comic strip! And apparently people take notice.
Fewer people are smoking today than ever before. In the last 25
years some 41 million Americans have quit smoking.
Mr. Chairman, I have a few problems with these new warning
labels. First, I'd like to point out that we already require the
tobacco industry to put warning labels on their products and ads,
subject to FTC oversight. As part of the new warning labels
provision, a new bureaucracy at HHS would be given regulatory
authority, replacing effective FTC jurisdiction.
The second problem relates to the war on drugs. If we're serious
about stopping the use, buying, selling and importing of
drugs -- if we believe that drugs kill, and cause great violence
by people who are either high on mind-bending substances or who
rob, injure and kill to pay for their fix -- then this bill
doesn't help.

By placing'a warning on cigarettes that "Tobacco Is an Addictive
Drug," this bill sends a message that is confusing and
misleading. It's a message that suggests to me, and I'm sure to
a lot of people, that cigarettes are the same as cocaine, crack
and heroin. How can someone take the fight against drugs
seriously when we're putting them in the same category as
cigarettes?
I am also mystified by the proposed warning concerning the
dangers of second hand smoke. A 1986 survey by the Centers for
Disease Control found that 98 percent of the public believes that
environmental tobacco smoke is harmful. A study recently
published by the Journal of the American Medical Association
reports a similarly widespread belief. Hundreds of communities
around the country have enacted smoking restriction laws on the
premise that second hand smoke is harmful and newspapers are
bombarding the public with claims to that effect every day. My
problem, I guess, is that I don't see how the proposed warning is
going to tell anyone something new.
These new labels are intended to frighten people, rather than
provide them with factual information. Take for example, the
warning statement "Cigarettes Kill." Clearly a "scare" tactic.
The third problem I have is a question of Constitutionality. The
government has the power to control ad content only to ensure ads

are not deceptive or misleading. But the warnings required in
H.R. 5041 are not intended to prevent cigarette ads from
deceiving or misleading the public. They are intended to scare
people away from smoking. They are not intended to provide them
with verifiable facts. Mr. Chairman, I doubt that the government
has the authority to compel cigarette ads to serve as vehicles
for anti-smoking messages.
These new warning labels are unnecessary. They set a dangerous
precedent for other industries, whose products may become
socially unacceptable.
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