Public Health Cigarette Smoking Act
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The Public Health Cigarette Smoking Act is a 1970
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many po ...
in the
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designed to limit the practice of
tobacco smoking Tobacco smoking is the practice of burning tobacco and ingesting the resulting smoke. The smoke may be inhaled, as is done with cigarettes, or simply released from the mouth, as is generally done with pipes and cigars. The practice is believed ...
. As approved by the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
and signed into law by President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
, the act required a stronger
health warning ''Health Warning'' (alternative titles: ''Da Lei Tai'', ''Da Lui Toi'', ''Future Flash Kung Fu'', ''Digital Master'') is a 1983 Hong Kong film directed by Kirk Wong. It is a dystopian sci-fi kung fu film set in the future. Cast and roles * ...
on
cigarette A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhaled via the opp ...
packages, saying ''"Warning: The Surgeon General Has Determined that Cigarette Smoking Is Dangerous to Your Health"''. It also banned cigarette advertisements on American
radio Radio is the technology of signaling and communicating using radio waves. Radio waves are electromagnetic waves of frequency between 30 hertz (Hz) and 300 gigahertz (GHz). They are generated by an electronic device called a transmit ...
and
television Television, sometimes shortened to TV, is a telecommunication medium for transmitting moving images and sound. The term can refer to a television set, or the medium of television transmission. Television is a mass medium for advertisin ...
. 


Origins

The Public Health Cigarette Smoking Act was one of the major bills resulting from the 1964 report by the Surgeon General,
Luther Terry Luther Leonidas Terry (September 15, 1911March 29, 1985) 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 dan ...
. The report found that
lung cancer Lung cancer, also known as lung carcinoma (since about 98–99% of all lung cancers are carcinomas), is a malignant lung tumor characterized by uncontrolled cell growth in tissue (biology), tissues of the lung. Lung carcinomas derive from tran ...
and
chronic bronchitis Bronchitis is inflammation of the bronchi (large and medium-sized airways) in the lungs that causes coughing. Bronchitis usually begins as an infection in the nose, ears, throat, or sinuses. The infection then makes its way down to the bronchi. ...
are causally related to cigarette smoking. Congress previously passed the
Cigarette Labeling and Advertising Act The Federal Cigarette Labeling and Advertising Act (also known as the Cigarette 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 ...
in 1965; requiring that all cigarette packages sold in the United States carry a health warning. But after a recommendation by the
Federal Trade Commission The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction ov ...
, the Public Health Cigarette Smoking Act amended the 1965 law so that the warnings are made in the name of the Surgeon General. One of the major advocates of the cigarette advertising ban was the
Federal Communications Commission The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdiction ...
. The FCC argued that since the topic of smoking is controversial, numerous TV and radio stations continued to break the
Fairness Doctrine The fairness doctrine of the United States Federal Communications Commission (FCC), introduced in 1949, was a policy that required the holders of broadcast licenses both to present controversial issues of public importance and to do so in a mann ...
when airing these commercials because they did not give equal time to the opposing viewpoint that smoking is dangerous. 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 showed, presenting information of death rates and cigarette smoking. The chart shows that more cigarettes one smokes, the higher the death rate goes up.115 Congressional Record.
ill ILL may refer to: * '' I Love Lucy'', a landmark American television sitcom * Illorsuit Heliport (location identifier: ILL), a heliport in Illorsuit, Greenland * Institut Laue–Langevin, an internationally financed scientific facility * Interlibra ...
(1969).
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. According to the CDC, The Public Health Cigarette Smoking Act also bans states or localities from promoting cigarette advertising for health related reasons. The Public Health Cigarette Smoking Act was introduced into Congress in 1969, but it was not until April 1, 1970, when
U.S. President The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
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
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s on
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. The last cigarette ad on U.S. television, advertising
Virginia Slims Virginia Slims is an American brand of cigarettes owned by Altria. It is manufactured by Philip Morris USA (in the United States) and Philip Morris International (outside the United States). Virginia Slims are narrower ( circumference) than st ...
, 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 The National Broadcasting Company (NBC) is an American English-language commercial broadcast television and radio network. The flagship property of the NBC Entertainment division of NBCUniversal, a division of Comcast, its headquarters are l ...
's ''
The Tonight Show Starring Johnny Carson ''The Tonight Show Starring Johnny Carson'' was an American late-night talk show hosted by Johnny Carson on NBC, the third iteration of the ''Tonight Show'' franchise. The show debuted on October 1, 1962, and aired its final episode on May 22, ...
''.


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. The tobacco industry has begun to use a variety of other marketing tools and strategies to influence people and attract new customers. In particular, ads targeted to adolescents affect their perceptions on the image and function of smoking. In 1991, the ''
Journal of the American Medical Association ''The Journal of the American Medical Association'' (''JAMA'') is a peer-reviewed medical journal published 48 times a year by the American Medical Association. It publishes original research, reviews, and editorials covering all aspects of bio ...
'' published a study showing that more children aged 5 and 6 years old, could recognize
Camel cigarettes Camel is an American brand of cigarettes, currently owned and manufactured by the R. J. Reynolds Tobacco Company in the United States and by Japan Tobacco outside the U.S. Most current Camel cigarettes contain a blend of Turkish tobacco and Virg ...
'
Joe Camel Joe Camel (also called Old Joe) was an advertising mascot used by the R. J. Reynolds Tobacco Company (RJR) for their cigarette brand Camel. The character was created in 1974 for a French advertising campaign, and was redesigned for the America ...
mascot than
Mickey Mouse Mickey Mouse is an animated cartoon Character (arts), character co-created in 1928 by Walt Disney and Ub Iwerks. The longtime mascot of The Walt Disney Company, Mickey is an Anthropomorphism, anthropomorphic mouse who typically wears red sho ...
or
Fred Flintstone Fred Flintstone is the main character of the animated sitcom '' The Flintstones'', which aired during prime-time on ABC during the original series' run from 1960 to 1966. Fred is the husband of Wilma Flintstone and father of Pebbles Flintsto ...
. Camel increased its adolescent customer base dramatically, from less than 1% before 1988 to more than 13% in 1993. 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 The Financial Interest and Syndication Rules, widely known as the fin-syn rules, were a set of rules imposed by the Federal Communications Commission in the United States in 1970. The FCC sought to prevent the Big Three television networks from mon ...
and the
Prime Time Access Rule The Prime Time Access Rule (PTAR) was a broadcasting regulation that was instituted in the United States by the Federal Communications Commission (FCC) in 1970 to restrict the amount of network programming that a local television station either ...
, which also both took effect in 1971.
NBC The National Broadcasting Company (NBC) is an American English-language commercial broadcast television and radio network. The flagship property of the NBC Entertainment division of NBCUniversal, a division of Comcast, its headquarters are l ...
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.Tom Snyder on ''Later'', 1994
/ref>


References

{{reflist 1970 in law United States federal health legislation Tobacco advertising Smoking in the United States 1970 in the United States Advertising in the United States Advertising regulation Regulation in the United States