View source for Public Health Cigarette Smoking Act

{{short description|1970 U.S. federal law}}
{{Infobox U.S. legislation
| name= Public Health Cigarette Smoking Act
| fullname=An Act to extend public health protection with respect to cigarette smoking and for other purposes. 
| acronym= 
| enacted by = 91st
| effective date=April 1, 1970
| public law url =https://www.gpo.gov/fdsys/pkg/STATUTE-84/pdf/STATUTE-84-Pg87-2.pdf
| cite public law= 91-222
| cite statutes at large = {{usstat|84|87}}
| acts amended= Federal [[Cigarette Labeling and Advertising Act]], {{USPL|89|92}}
| title amended= XV
| sections created= 
| sections amended= 15 United States Code, Sections 1331–1338
| leghisturl=
| introducedin=House
| introducedbill=H.R. 6543
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| agreedbody3= <!-- used when the other body agrees without going into committee -->
| agreeddate3= <!-- used when the other body agrees without going into committee -->
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| signedpresident= [[Richard Nixon]]
| signeddate= April 1, 1970
| amendments=*[[Comprehensive Smoking Education Act]]
| SCOTUS cases =
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The '''Public Health Cigarette Smoking Act''' is a 1970 [[Law of the United States|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 [[Tobacco packaging warning messages|health warning]] on [[cigarette]] packages, saying ''"Warning: The Surgeon General Has Determined that Cigarette Smoking Is Dangerous to Your Health"''. It also banned [[tobacco advertising|cigarette advertisements]] on American [[radio]] and [[television]].<ref name="document">{{cite web|url=http://tobaccodocuments.org/atc/71066088.html |title=Tobaccodocuments.org – Public Health Cigarette Smoking Act of 1969 |accessdate=2007-03-31 |url-status=dead |archiveurl=https://web.archive.org/web/20080305012949/http://tobaccodocuments.org/atc/71066088.html |archivedate=March 5, 2008 }}</ref><ref name=":1">{{cite news |id={{ProQuest|118672221}} |title=Surgeon General Asks Stronger Smoking Warning |url=https://www.nytimes.com/1969/04/17/archives/surgeon-general-asks-stronger-smoking-warning.html |work=The New York Times |date=17 April 1969 }}</ref> 

==Origins==
The Public Health Cigarette Smoking Act was one of the major [[Bill (proposed law)|bills]] resulting from the [[Smoking and Health: Report of the Advisory Committee to the Surgeon General of the United States|1964 report]] by the [[Surgeon General of the United States|Surgeon General]], [[Luther Terry]]. The report found that [[lung cancer]] and [[Bronchitis#Chronic bronchitis|chronic bronchitis]] are causally related to cigarette smoking.<ref name="CDC">{{cite web | title=History of the Surgeon General's Report on Smoking and Health | url=https://www.cdc.gov/tobacco/data_statistics/sgr/history.htm | publisher=[[Centers for Disease Control and Prevention]] | accessdate=2007-03-31 |archiveurl = https://web.archive.org/web/20070503170753/http://www.cdc.gov/tobacco/data_statistics/sgr/history.htm <!-- Bot retrieved archive --> |archivedate = 2007-05-03}}</ref> 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.<ref name="CDC"/><ref name="NLM">{{cite web | title=The 1964 Report on Smoking and Health | url=http://profiles.nlm.nih.gov/NN/Views/Exhibit/narrative/smoking.html | publisher=[[United States National Library of Medicine]] | accessdate=2007-03-31}}</ref> 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.<ref name="NLM"/><ref name="druglibrary">{{cite web | title=History of Tobacco Regulation | url=http://www.druglibrary.org/Schaffer/LIBRARY/studies/nc/nc2b.htm | publisher=druglibrary.org | accessdate=2007-03-31}}</ref>

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.<ref name="druglibrary"/>

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.<ref name=":2">115 Congressional Record. [Bill] (1969). </ref> 

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.<ref name=":3">{{cite news |id={{ProQuest|119009761}} |title=Nixon Signs Bill Banning Radio‐TV Cigarette Ads |url=https://www.nytimes.com/1970/04/02/archives/nixon-signs-bill-banning-radiotv-cigarette-ads.html |work=The New York Times |date=2 April 1970 }}</ref> According to the CDC, The Public Health Cigarette Smoking Act also bans states or localities from promoting cigarette advertising for health related reasons.<ref name=":4">{{Cite web|date=2020-09-17|title=Legislation {{!}} Information by Topic {{!}} Data and Statistics {{!}} Smoking & Tobacco Use {{!}} CDC|url=https://www.cdc.gov/tobacco/data_statistics/by_topic/policy/legislation/index.htm|access-date=2021-11-15|website=www.cdc.gov|language=en-us}}</ref>

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 game]]s on [[New Year's Day]].<ref name="druglibrary" /> 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]]''.<ref>{{cite news|url=http://www.tvparty.com/vaultcomcig.html|title=Cigarette Advertising on TV|last=Ingram|first=Billy|publisher=TVParty|accessdate=25 February 2016}}</ref>

==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.<ref name="CDC2000 labels">{{cite web | title=2000 Surgeon General's Report—Reducing Tobacco Use:diljfoig use protection| url=https://www.cdc.gov/tobacco/data_statistics/sgr/sgr_2000/highlights/highlight_labels.htm | publisher=[[Centers for Disease Control and Prevention]] | accessdate=2007-03-31 |archiveurl = https://web.archive.org/web/20070427165525/http://www.cdc.gov/tobacco/data_statistics/sgr/sgr_2000/highlights/highlight_labels.htm <!-- Bot retrieved archive --> |archivedate = 2007-04-27}}</ref>

The tobacco industry has begun to use a variety of other marketing tools and strategies to influence people and attract new customers.<ref name="CDC2000 ads">{{cite web | title=2000 Surgeon General's Report—Reducing Tobacco Use: Tobacco Advertising and Promotion | url=https://www.cdc.gov/tobacco/data_statistics/sgr/sgr_2000/highlights/highlight_advertising.htm | publisher=[[Centers for Disease Control and Prevention]] | accessdate=2007-03-31 |archiveurl = https://web.archive.org/web/20070427164350/http://www.cdc.gov/tobacco/data_statistics/sgr/sgr_2000/highlights/highlight_advertising.htm <!-- Bot retrieved archive --> |archivedate = 2007-04-27}}</ref> In particular, ads targeted to [[adolescent]]s affect their perceptions on the image and function of smoking.<ref name="CDC1994">{{cite web | title=1994 Surgeon General's Report—Preventing Tobacco Use Among Young People: Major Conclusions | url=https://www.cdc.gov/tobacco/data_statistics/sgr/sgr_1994/chapter1_intro.htm | publisher=[[Centers for Disease Control and Prevention]] | accessdate=2007-03-31 |archiveurl = https://web.archive.org/web/20080305015544/http://www.cdc.gov/tobacco/data_statistics/sgr/sgr_1994/chapter1_intro.htm <!-- Bot retrieved archive --> |archivedate = 2008-03-05}}</ref>  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]].<ref name="fischer">{{cite journal |last1=Fischer |first1=PM |last2=Schwartz |first2=MP |last3=Richards |first3=JW, Jr. |last4=Goldstein |first4=AO |last5=Rojas |first5=TH |title=Brand Logo Recognition by Children Aged 3 to 6 Years |journal=JAMA |date=1991 |volume=266 |issue=22 |pages=3145–3148 |doi=10.1001/jama.1991.03470220061027|pmid=1956101}}</ref> Camel increased its adolescent customer base dramatically, from less than 1% before 1988 to more than 13% in 1993.<ref name="CDC2000 ads"/>  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 (TV series)|The Midnight Special]]'' and Snyder's ''[[Tomorrow Coast to Coast|Tomorrow]]'' to open up further advertising inventory.<ref name="Tom Snyder on Later, 1994">[https://www.youtube.com/watch?v=pmyB934SsDI Tom Snyder on ''Later'', 1994]</ref>

==References==
{{reflist}}

[[Category:1970 in law]]
[[Category:United States federal health legislation]]
[[Category:Tobacco advertising]]
[[Category:Smoking in the United States]]
[[Category:1970 in the United States]]
[[Category:Advertising in the United States]]
[[Category:Advertising regulation]]
[[Category:Regulation in the United States]]