THE TOBACCO INDUSTRY SPENDS $4,000 PER MINUTE ON PROMOTION ($2.5 BILLION A YEAR) ONLY THE GROTESQUE ECONOMIC POWER OF THE INTERNATIONAL TOBACCO COMPANIES CAN SUSTAIN THIS OUTRAGE, AS THEY USE ECONOMIC BLACKMAIL TO INTIMIDATE PUBLISHERS AND GOVERNMENTS. 76 I AM PARTICULARLY DISTURBED BY CIGARETTE ADVERTISING THAT TARGETS VULNERABLE GROUPS WITHIN OUR POPULATION: YOUNG PEOPLE, WOMEN, AND MINORITIES. CIGARETTE FIRMS MANIPULATE MINORITIES, WOMEN, AND YOUNG PEOPLE BECAUSE THESE PEOPLE HAVE THE STRONGEST ASPIRATIONS TO CHANGE THEIR STATUS. 77 SO THESE ADS ASSOCIATE SMOKING WITH MAKING IT... IN THE WHITE, OR ANGLO, OR MALE, OR ADULT WORLD. THEY ASSOCIATE SMOKING WITH A HIGHER ECONOMIC STATUS (WHEN REALLY HIGHER INCOME GROUPS ARE NOW SMOKING LESS). 78 WE KNOW THAT THOSE WITH MORE EDUCATION TEND TO QUIT MORE READILY. "THE MORE YOU KNOW, THE LESS YOU SMOKE." BUT TOBACCO ADVERTISERS ASSOCIATE SMOKING --CONTRARY TO ALL EVIDENCE-- WITH ROBUST ACTIVITY, ATHLETICS, SOCIAL ACCEPTABILITY, SUCCESS, OUTDOOR LEISURE, AND EVEN GOOD HEALTH. 79 ONE OF THE MORE OUTRAGEOUS ADVERTISING GIMMICKS IS ONE CIGARETTE COMPANY'S "ALIVE WITH PLEASURE" THEME. THIS IS CLEARLY AN EFFORT TO UNDERMINE THE SURGEON GENERAL'S WARNING ON EACH PACK. TRUTH IN ADVERTISING SHOULD REQUIRE, NOT "ALIVE WITH PLEASURE"', BUT "DYING IN AGONY". 80 IN THE ADVERTISING WARS YOU HEAR A LOT ABOUT PROOF. THE TOBACCO COMPANIES SAY THAT IT HAS NOT BEEN PROVEN THAT ADVERTISING INCREASES CIGARETTE SMOKING. OF COURSE, THE COMPLEXITY OF THIS ISSUE OF HUMAN BEHAVIOR WILL PROBABLY PRECLUDE THE ESTABLISHMENT OF A SCIENTIFIC PROOF OF A CAUSAL LINK. BUT TO MY MIND THE BURDEN OF PROOF SHOULD BE ON THE TOBACCO INDUSTRY TO SHOW THAT ADVERTISING DOES NOT INCREASE CONSUMPTION OF A PRODUCT THAT WE KNOW LEADS TO DEATH WHEN USED AS INTENDED. 81 IN THE 1850s JOHN SNOW ENDED THE CHOLERA EPIDEMIC IN LONDON BY REMOVING THE HANDLE OF THE BROAD STREET WATER PUMP, 30 YEARS BEFORE THE BACTERIUM CAUSING CHOLERA WAS DISCOVERED. FORTUNATELY HE DID NOT NEED TO CONTEND WITH A CHOLERA INSTITUTE THAT DEMANDED THE PUMP KEEP WORKING UNTIL IT WAS PROVED THAT WATER FROM THE PUMP WAS CAUSING THE CHOLERA. 82 AT THIS POINT THE CIGARETTE COMPANIES TROT OUT THE OLD LINE THAT THEIR ADVERTISING IS INTENDED ONLY TO ENFORCE BRAND LOYALTY, AND TO GET CONSUMERS TO SWITCH TO THEIR BRAND. NO ONE REALLY BELIEVES THAT. BRAND CHANGERS FORM ONLY A TINY FRACTION OF THE MARKET. THE REAL PURPOSE OF CIGARETTE ADVERTISING TO IS HOLD ON TO THOSE SMOKERS ALREADY HOOKED --ADDICTED-- AND TO ATTRACT NEW ONES. 83 IT WORKS. RECENT STUDIES CONFIRM THAT INCREASED ADVERTISING BRINGS ABOUT A HIGHER DEMAND FOR CIGARETTES IN GENERAL, NOT JUST FOR THE BRANDS ADVERTISED. WE KNOW ADVERTISING IS EFFECTIVE, AND THEY KNOW IT IS EFFECTIVE, BECAUSE OF THE BRIEF EXPERIENCE WITH COUNTER- ADVERTISING IN THE 1960s. 84 EARLY IN THE DEBATE ABOUT CIGARETTE ADVERTISING ON TV, THE PUBLIC HEALTH SERVICE RECEIVED EQUAL TIME FOR COUNTER-ADVERTISING ABOUT THE HEALTH PROBLEMS CAUSED BY CIGARETTE SMOKING. THE RESULTS WERE SO DEVASTATING TO THE TOBACCO INDUSTRY, THAT THE CIGARETTE FIRMS DECIDED THEY WOULD RATHER HAVE NO ADVERTISING AT ALL ON TV, RATHER THAN HAVE THE TRUE EFFECTS OF SMOKING BROUGHT BEFORE AMERICAN VIEWERS. 85 (I WILL ADD PARENTHETICALLY THAT WE ARE NOW AT ABOUT THE SAME STAGE WITH ALCOHOL ADVERTISING NOW. FOR THE SAKE OF THE AMERICAN PEOPLE, LET'S HOPE WE CAN MOVE EVEN FASTER TO RESTRICT ADVERTISING FOR THIS OTHER ADDICTIVE DRUG.) 86 IN CALLING FOR RESTRICTIONS ON CIGARETTE ADVERTISING I STAND ON COMMON SENSE AND PROVEN HEALTH STUDIES. I DON'T NEED TO HIDE BEHIND THE FIRST AMENDMENT. I DON'T NEED TO USE OUR CONSTITUTION AS A SMOKE SCREEN. AND THE "FREE SPEECH" ARGUMENT USED BY TOBACCO ADVERTISERS IS A SMOKE SCREEN. YOU DON'T SEE THESE PEOPLE OUT IN FRONT ON OTHER FIRST AMENDMENT ISSUES. 87 FREE SPEECH HAS NEVER BEEN AN UNLIMITED RIGHT: WE ALL KNOW YOU CAN'T YELL "FIRE" IN A CROWDED THEATRE. FREE SPEECH CANNOT INJURE THE COMMON WELFARE TO SERVE THE COMMERCIAL INTERESTS OF A FEW. THE FIRST AMENDMENT WAS NOT INTENDED TO ALLOW LIES TO BE FOISTED ON THE PUBLIC. | MOST CIGARETTE ADVERTISING IS LIES. IT ASSOCIATES WITH ROMANCE, GLAMOUR, ATHLETICS, SUCCESS SUBSTANCES WHICH INSTEAD LEAD TO DISABILITY AND DEATH. 88 FIRST AMENDMENT PROTECTION IS NOT EXTENDED TO SPEECH ENCOURAGING ILLEGAL ACTIVITY. TOBACCO ADVERTISERS DEPEND UPON REACHING YOUNG PEOPLE. MOST OF THOSE WHO SMOKE BEGAN BEFORE THEY WERE TWENTY, OR EVEN 15. IN OTHER WORDS, THE CONTINUED STRENGTH OF THE TOBACCO MARKET DEPENDS ON THOSE TO WHOM THE PRODUCTS CANNOT BE LEGALLY SOLD. 89 THEREFORE, RESTRICTIONS ON TOBACCO ADVERTISING MEET THE CONSTITUTIONAL TEST IN AT LEAST TWO WAYS: 1. IT IS APPROPRIATE TO BAN COMMERCIAL SPEECH THAT IS MISLEADING OR FRAUDULENT. AND 2. IT IS APPROPRIATE TO BAN COMMERCIAL SPEECH RELATED TO ILLEGAL ACTIVITY. 90 FOR ALL THEIR TALK ABOUT "FREEDOM", TOBACCO INTERESTS ARE GREAT ENEMIES OF FREEDOM. FAR FROM BELIEVING IN FREE SPEECH, TOBACCO ADVERTISERS USE THEIR ECONOMIC CLOUT TO FORCE PUBLISHERS NOT TO PRINT ARTICLES ABOUT THE REAL CONSEQUENCES OF SMOKING. CIGARETTE ADVERTISING, FAR FROM ALLOWING FREE CHOICE, ACTUALLY UNDERMINES FREE CHOICE. NICOTINE ADDICTS DO NOT ENJOY FREE CHOICE. 91 FINALLY, LET'S BE UP-FRONT ABOUT THE SPECIAL CHALLENGE FACING TOBACCO ADVERTISERS: MOST PEOPLE WHO USE THEIR PRODUCT WOULD RATHER NOT USE IT. AS MANY AS 90% WISH TO QUIT. MANY TOUGH IT OUT, BREAK THEIR ADDICTION, AND SUCCEED IN QUITTING. 92 THE ADVERTISERS NEED TO REPLENISH THE DIMINISHING SUPPLY OF TOBACCO USERS: REMEMBER THOSE 1,000 SMOKERS WHO DIE EVERY DAY. MEANWHILE, ADVERTISERS RECRUIT MORE VICTIMS. 93 WE MUST ALSO CONCERN OURSELVES WITH THE EXPORT OF TOBACCO PRODUCTS. I DO NOT BELIEVE THE UNITED STATES WILL EVER AGAIN BE A GOOD MARKET FOR TOBACCO PRODUCTS. THE CURVE IS GOING DOWN AND ACCELERATING. BUT IF WE HAVE BEATEN THE CIGARETTE INDUSTRY ON ITS OWN HOME TURF WE'VE DRIVEN THEM TO SCOUR THE REST OF THE EARTH FOR NEW VICTIMS. 94 THE TOBACCO INDUSTRY -- AS YOU ALL KNOW, I AM SURE -- HAS TARGETED THE LESS DEVELOPED AND DEVELOPING COUNTRIES OF THE WORLD AS THEIR MOST PROMISING MARKETS FOR THE 1990s. IT IS THE HEIGHT OF HYPOCRISY FOR THE UNITED STATES, IN OUR WAR AGAINST DRUGS, TO DEMAND THAT FOREIGN NATIONS TAKE STEPS TO STOP THE EXPORT OF COCAINE TO OUR COUNTRY WHILE AT THE SAME TIME WE EXPORT NICOTINE, A DRUG JUST AS ADDICTIVE AS COCAINE, TO THE REST OF THE WORLD. 95 AND we need to TAKE ON THE TOBACCO COMPANIES IN OUR OWN COMMUNI Ties. A GOOD PLACE TO START IS THE VENDING MACHINES. vending machines should be taken from smoke-free working sites, or course, and they should be banned outright because of the way they HOOK OUR KIDS ON CIGARETTES. HERE IS ANOTHER EXAMPLE OF THE CODDLED CIGARETTE COMPANIES. 96 IT IS ILLEGAL TO SELL BOTH ALCOHOL AND CIGARETTES TO MINORS. THAT IS BECAUSE ALCOHOL AND NICOTINE ARE THE TWO MAJOR LEGAL ADDICTING DRUGS IN OUR SOCIETY. WE WOULD NEVER TOLERATE SELLING ALCOHOLIC BEVERAGES IN VENDING MACHINES, BUT SOMEHOW WE TOLERATE CIGARETTE VENDING MACHINES. 97 LOOK AT THE LAWS DEALING WITH SELLING CIGARETTES TO MINORS. OUR NATION'S CAPITAL, WITH ALL THE HOOPLA ABOUT FIGHTING DRUGS, CAN FINE AN OFFENDING MERCHANT WHO SELLS CIGARETTES TO A MINOR ONLY $2. ACROSS THE POTOMAC, IN VIRGINIA, THE FINE GOES ALL THE WAY TO $25. IT'S A PITIFUL TESTIMONY TO OUR CRIMINAL TOLERATION OF SELLING CIGARETTES TO MINORS. 98 YET, GETTING A KID ADDICTED TO NICOTINE SEEMS TO BE ONE OF THE MOST CERTAIN WAYS TO CUT SHORT A PROMISING LIFE. THE CIGARETTE VENDING MACHINES SHOULD BE THE NEXT TARGET IN THE CRUSADE AGAINST SMOKING. 99 I MAY HAVE HUNG UP THE UNIFORM OF THE SURGEON GENERAL, BUT I HAVEN'T RETIRED FROM THE FIGHT AGAINST SMOKING. TOGETHER, WE'RE GOING TO WIN IT. THANK YOU. HH #F 100 SPEECH PARKVIEW HOSPITAL FORT WAYNE, IN OCTOBER 11, 1990 C. EVERETT KOOP, MD 101 7% +o ~