Tobacco Documents Online

Paul A. l~orter, Esquire Arnold, Fortas ~ l~orter ]229 Nineteenth Street, I~. W. Washington, D. Co ~0036 Dear Ivir. 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 l~ws by reason of their adherence to '°a proposed Cigarette Advertising Code. We understand from the subsequent 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 atandards for advertising dealing with the public health hazards, We also note that the Federal Trade " Commission is presently considering the establishment of such standards and that the House Interstate Commerce Committee is about to hold hearings concerning a number of hills which would establish such standards. Such proceedings will undoubtedly cast additional light on what standards are appropriate and whether they should be enforced by a public agency or by private action. Under these circumstances it would be inappropriate for ue to give any sanction to the permanent establishment of a private ~ • organization setting lniustry standards until the v~ewe of Congress and the Federal Trade Commission have been made known. In the meantime, however, we assure you that no crin~i~al antitrust prosecution will he 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 iu fact reduce the health hazards resulting from smoking or lessen the appeal o~ cigarette advertising to youth. Sincerely yours~ Assistant Attorney Genera~ Antitrust Division CC: H. Thomas Austern| Esquire Covington & ]~urllng 701 Union Trust Bu~Iding Washington 5m Do Co ]~obert L. Wald, Esquire Wald, Harkrader & l~ocke£eller 808 Seventeenth Street~