Public Health Cigarette Smoking Act

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Public Health Cigarette Smoking Act
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Long titleAn Act to extend public health protection with respect to cigarette smoking and for other purposes.
Enacted bythe 91st United States Congress
EffectiveApril 1, 1970
Citations
Public law 91-222
Statutes at Large 84  Stat.   87
Codification
Acts amendedFederal Cigarette Labeling and Advertising Act, Pub. L.   89–92
Titles amendedXV
U.S.C. sections amended15 United States Code, Sections 1331–1338
Legislative history
  • Introduced in the House as H.R. 6543
  • Signed into law by President Richard Nixon on April 1, 1970
Major amendments

The Public Health Cigarette Smoking Act is a 1970 federal law in the United States designed to limit the practice of tobacco smoking. As approved by the United States Congress and signed into law by President Richard Nixon, the act required a stronger health warning on packages, saying "Warning: The Surgeon General Has Determined that Cigarette Smoking Is Dangerous to Your Health". It also banned cigarette advertisements on American radio and television. [1] [2]  

Contents

Origins

The Public Health Cigarette Smoking Act was one of the major bills resulting from the 1964 report by the surgeon general, Luther Terry. The report found that lung cancer and chronic bronchitis are causally related to cigarette smoking. [3] Congress previously passed the Cigarette Labeling and Advertising Act in 1965; requiring that all cigarette packages sold in the United States carry a health warning. [3] [4] But after a recommendation by the Federal Trade Commission, the Public Health Cigarette Smoking Act amended the 1965 law so that the warnings are made in the name of the surgeon general. [4] [5]

One of the major advocates of the cigarette advertising ban was the Federal Communications Commission. The FCC argued that since the topic of smoking is controversial, numerous TV and radio stations continued to break the Fairness Doctrine when airing these commercials because they did not give equal time to the opposing viewpoint that smoking is dangerous. [5]

Passage in Congress: On June 17, 1969, the 91st Congress debated in House. The Public Health Cigarette Smoking Act was created because H.R. 6543 was set to expire on July 1, 1975. The purpose of H.R. 6543 was to create a warning label on cigarette packages. Before H.R. 6543 was set to expire, many people such as the Surgeon General wanted to create a stronger warning label. The bill required cigarette packages to be labeled the following, "Warning, The Surgeon General has determined that cigarette smoking is dangerous to your health and may cause lung cancer or other diseases." During the debate, there were ongoing arguments. For example, the tobacco growers argued that they grow tobacco, not cancer. The tobacco company and growers were scared that they were going to be put out of business and the health department was scared more people would die from cigarette smoking. On, December 12, 1969, The Senate debated, amended, and passed the bill. During the debate, a chart was shown, depicting the correlation between death rates and cigarette smoking. The chart showed that the death rate goes up as the number of cigarettes smoked increases. [6]

Provisions: The Public Health Cigarette Smoking Act bans cigarette commercials from airing on the radio and television. The act also strengthened the health warning label on cigarette packages. [7] According to the CDC, The Public Health Cigarette Smoking Act also bans states or localities from promoting cigarette advertising for health related reasons. [8]

The Public Health Cigarette Smoking Act was introduced into Congress in 1969, but it was not until April 1, 1970, when U.S. president Richard Nixon signed it into law. The actual cigarette advertising ban did not come into force until January 2, 1971, as per a compromise that allowed broadcasters to air these commercials during their telecasts of college football bowl games on New Year's Day. [5] The last cigarette ad on U.S. television, advertising Virginia Slims, was carried on the last possible legal minute at 11:59 p.m ET/PT, 10:59 p.m. CT/MT that evening on NBC's The Tonight Show Starring Johnny Carson . [9]

Effects

In 1981, the FTC reported that the health warning labels as mandated by the Public Health Cigarette Smoking Act had little effect on U.S. smoking habits. Congress therefore passed the Comprehensive Smoking Education Act of 1984, requiring more specific health warnings. [10]

The tobacco industry has begun to use a variety of other marketing tools and strategies to influence people and attract new customers. [11] In particular, ads targeted to adolescents affect their perceptions on the image and function of smoking. [12] In 1991, the Journal of the American Medical Association published a study showing that more children aged 5 and 6 years old, could recognize Camel cigarettes' Joe Camel mascot than Mickey Mouse or Fred Flintstone. [13] Camel increased its adolescent customer base dramatically, from less than 1% before 1988 to more than 13% in 1993. [11] Tobacco sought protection from Congress so they could all leave broadcasting together without violating any anti-trust laws. The only lawsuit that followed was from a broadcaster in an effort to keep tobacco advertising on television and radio.

The law also affected advertising revenues on television and radio stations, along with the current imposition of Financial Interest and Syndication Rules and the Prime Time Access Rule, which also both took effect in 1971. NBC responded by pushing its broadcast day later into the overnight, adding shows such as The Midnight Special and Snyder's Tomorrow to open up further advertising inventory. [14]

Related Research Articles

<span class="mw-page-title-main">Luther Terry</span> 20th-century Surgeon General of the United States

Luther Leonidas Terry was an American physician and public health official. He was appointed the ninth Surgeon General of the United States from 1961 to 1965, and is best known for his warnings against the dangers and the impact of tobacco use on health.

Tobacco package warning messages are warning messages that appear on the packaging of cigarettes and other tobacco products concerning their health effects. They have been implemented in an effort to enhance the public's awareness about the harmful effects of smoking. In general, warnings used in different countries try to emphasize the same messages. Warnings for some countries are listed below. Such warnings have been required in tobacco advertising for many years, with the earliest mandatory warning labels implemented in the United States in 1966. Implementing tobacco warning labels has been strongly opposed by the tobacco industry, most notably in Australia, following the implementation of plain packaging laws.

<span class="mw-page-title-main">Nicotine marketing</span> Marketing technique

Nicotine marketing is the marketing of nicotine-containing products or use. Traditionally, the tobacco industry markets cigarette smoking, but it is increasingly marketing other products, such as electronic cigarettes and heated tobacco products. Products are marketed through social media, stealth marketing, mass media, and sponsorship. Expenditures on nicotine marketing are in the tens of billions a year; in the US alone, spending was over US$1 million per hour in 2016; in 2003, per-capita marketing spending was $290 per adult smoker, or $45 per inhabitant. Nicotine marketing is increasingly regulated; some forms of nicotine advertising are banned in many countries. The World Health Organization recommends a complete tobacco advertising ban.

<span class="mw-page-title-main">Comprehensive Smoking Education Act</span> US law

The Comprehensive Smoking Education Act of 1984 is an act of the Congress of the United States. A national program established in order to improve the availability of information on health risks related to tobacco smoking, to amend the Federal Cigarette Labeling and Advertising Act so that cigarette warning labels would be different, and for other reasons, the Comprehensive Smoking Education Act was enacted with a purpose to, as stated in Section 1 of the Act, "provide a new strategy for making Americans more aware of any adverse health effects of smoking, to assure the timely and widespread dissemination of research findings and to enable individuals to make informed decisions about smoking". Adopted by Congress in 1984 and effective October 12, 1984, the Comprehensive Smoking Education Act created a rotational warning system that required all cigarette packages and advertisements to rotate the following four warnings every three months:

<span class="mw-page-title-main">Cigarette Labeling and Advertising Act</span> Act providing national standards for cigarette packaging in the US

The Federal Cigarette Labeling and Advertising Act is a comprehensive act designed to provide a set of national standards for cigarette packaging in the United States. It was amended by the Public Health Cigarette Smoking Act of 1969, Comprehensive Smoking Education Act of 1984, and the Family Smoking Prevention and Tobacco Control Act of 2009. It came in conflict with California Proposition 65.

<i>Cipollone v. Liggett Group, Inc.</i> 1992 United States Supreme Court case

Cipollone v. Liggett Group, Inc., 505 U.S. 504 (1992), was a United States Supreme Court case. In a split opinion, the Court held that the Surgeon General's warning did not preclude lawsuits by smokers against tobacco companies on the basis of several claims. The case examined whether tobacco companies could be liable for not warning the consumer "adequately" of the dangers of cigarettes as well as ultimately held the stance that smoking was in fact a free choice. The ruling also questioned the Cigarette Labeling and Advertising Act of 1965 to determine whether the warning labels on the cigarette products by law had to be less or more alarming than the warning issued.

<span class="mw-page-title-main">Tobacco politics</span> Politics surrounding the use and distribution of tobacco

Tobacco politics refers to the politics surrounding the use and distribution of tobacco, likewise with regulations.

<span class="mw-page-title-main">Tobacco control</span> Field of health science

Tobacco control is a field of international public health science, policy and practice dedicated to addressing tobacco use and thereby reducing the morbidity and mortality it causes. Since most cigarettes and cigars and hookahs contain/use tobacco, tobacco control also concerns these. E-cigarettes do not contain tobacco itself, but (often) do contain nicotine. Tobacco control is a priority area for the World Health Organization (WHO), through the Framework Convention on Tobacco Control. References to a tobacco control movement may have either positive or negative connotations, depending upon the commentator.

<span class="mw-page-title-main">Family Smoking Prevention and Tobacco Control Act</span>

The Family Smoking Prevention and Tobacco Control Act, is a federal statute in the United States that was signed into law by President Barack Obama on June 22, 2009. The Act gives the Food and Drug Administration the power to regulate the tobacco industry. A signature element of the law imposes new warnings and labels on tobacco packaging and their advertisements, with the goal of discouraging minors and young adults from smoking. The Act also bans flavored cigarettes, places limits on the advertising of tobacco products to minors and requires tobacco companies to seek FDA approval for new tobacco products.

<span class="mw-page-title-main">Tobacco in the United States</span>

Tobacco has a long cultural, economic, and social impact on the United States. Tobacco cultivation in Jamestown, Virginia, in 1610 led to the expansion of British colonialism in the Southern United States. As the demand for Tobacco grew in Europe, further colonization in British America and Tobacco production saw a parallel increase. Tobacco use became normalized in American society and was heavily consumed before and after American independence.

<span class="mw-page-title-main">Women and smoking</span> Tobacco consumption among women

Tobacco smoking has serious negative effects on the body. A wide variety of diseases and medical phenomena affect the sexes differently, and the same holds true for the effects of tobacco. Since the proliferation of tobacco, many cultures have viewed smoking as a masculine vice, and as such the majority of research into the specific differences between men and women with regards to the effects of tobacco have only been studied in-depth in recent years.

Smoking in China is prevalent, as the People's Republic of China is the world's largest consumer and producer of tobacco. As of 2022, there are around 300 million Chinese smokers, and 2.4 trillion cigarettes are sold there every year, 46% of the world total.

<i>Smoking and Health</i> 1964 US government report on the health effects of smoking

Smoking and Health: Report of the Advisory Committee to the Surgeon General of the Public Health Service was a landmark report published on January 11, 1964, by the Surgeon General's Advisory Committee on Smoking and Health, chaired by Luther Terry, Surgeon General of the United States. It reported on the negative health effects of tobacco smoking, finding that it was linked to the occurrence of chronic bronchitis, emphysema, heart disease, and lung cancer. The release of the report was one of the top news stories of 1964, leading to policy such as the Cigarette Labeling and Advertising Act of 1965 and the Public Health Cigarette Smoking Act of 1969.

<span class="mw-page-title-main">Regulation of tobacco by the U.S. Food and Drug Administration</span>

Regulation of tobacco by the U.S. Food and Drug Administration began in 2009 with the passage of the Family Smoking Prevention and Tobacco Control Act by the United States Congress. With this statute, the Food and Drug Administration (FDA) was given the ability to regulate tobacco products.

<span class="mw-page-title-main">Smoking in Iceland</span>

Smoking in Iceland is banned in restaurants, cafés, bars and night clubs as of June 2007. A large majority of Icelanders approve of the ban. At the time the ban went into effect, almost one in four Icelandic people were smokers.

<span class="mw-page-title-main">U.S. government and smoking cessation</span>

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<span class="mw-page-title-main">Smoking in the Philippines</span>

Tobacco smoking in the Philippines affects a sizable minority of the population. According to the 2015 Global Adult Tobacco Survey (GATS) conducted under the auspices of the Philippines' Department of Health, Philippine Statistics Authority, the World Health Organization, and the United States Centers for Disease Control and Prevention, 23.8 percent of the adult population were "current tobacco smokers". This figures represented 16.6 million of 69 million adult Filipinos.

<span class="mw-page-title-main">Regulation of nicotine marketing</span> Regulations regarding the advertising of nicotine-containing products

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Smoking in Latvia is common, with a rate higher than the OECD average, and Latvian men are among the heaviest smokers in the European Union. One in four Latvians smoke, as compared to one in five in the rest of the European Union. While the overall smoking rate in Latvia has decreased in recent years, it is considered a significant factor in the country's significant health challenges, particularly with regard to preventable diseases such as heart disease, diabetes, and cancer.

<span class="mw-page-title-main">Brian King (epidemiologist)</span> American epidemiologist (born 1982)

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References

  1. "Tobaccodocuments.org – Public Health Cigarette Smoking Act of 1969". Archived from the original on March 5, 2008. Retrieved 2007-03-31.
  2. "Surgeon General Asks Stronger Smoking Warning". The New York Times. 17 April 1969. ProQuest   118672221.
  3. 1 2 "History of the Surgeon General's Report on Smoking and Health". Centers for Disease Control and Prevention. Archived from the original on 2007-05-03. Retrieved 2007-03-31.
  4. 1 2 "The 1964 Report on Smoking and Health". United States National Library of Medicine . Retrieved 2007-03-31.
  5. 1 2 3 "History of Tobacco Regulation". druglibrary.org. Retrieved 2007-03-31.
  6. 115 Congressional Record. [Bill] (1969).
  7. "Nixon Signs Bill Banning Radio-TV Cigarette Ads". The New York Times. 2 April 1970. ProQuest   119009761.
  8. "Legislation | Information by Topic | Data and Statistics | Smoking & Tobacco Use | CDC". www.cdc.gov. 2020-09-17. Retrieved 2021-11-15.
  9. Ingram, Billy. "Cigarette Advertising on TV". TVParty. Retrieved 25 February 2016.
  10. "2000 Surgeon General's Report—Reducing Tobacco Use:diljfoig use protection". Centers for Disease Control and Prevention. Archived from the original on 2007-04-27. Retrieved 2007-03-31.
  11. 1 2 "2000 Surgeon General's Report—Reducing Tobacco Use: Tobacco Advertising and Promotion". Centers for Disease Control and Prevention. Archived from the original on 2007-04-27. Retrieved 2007-03-31.
  12. "1994 Surgeon General's Report—Preventing Tobacco Use Among Young People: Major Conclusions". Centers for Disease Control and Prevention. Archived from the original on 2008-03-05. Retrieved 2007-03-31.
  13. Fischer, PM; Schwartz, MP; Richards, JW Jr.; Goldstein, AO; Rojas, TH (1991). "Brand Logo Recognition by Children Aged 3 to 6 Years". JAMA. 266 (22): 3145–3148. doi:10.1001/jama.1991.03470220061027. PMID   1956101.
  14. Tom Snyder on Later, 1994

External Resources