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HEARINGS

BEFORE THE

SUBCOMMITTEE ON

HEALTH AND THE ENVIRONMENT

OF THE

COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES

NINETY-EIGHTH CONGRESS

FIRST SESSION

ON

H.R. 1824

A BILL TO ESTABLISH A NATIONAL PROGRAM TO INCREASE THE AVAILABILITY OF INFORMATION ON THE HEALTH CONSEQUENCES OF SMOKING, TO AMEND THE FEDERAL CIGARETTE LABELING AND ADVERTISING ACT TO CHANGE THE LABEL REQUIREMENTS FOR CIGARETTES, AND FOR OTHER PURPOSES

MARCH 9 AND 17, 1983

Serial No. 98-8

Printed for the use of the Committee on Energy and Commerce

19-956 O

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1983

Stanford Law Library

3 6105 062 994 152

COMMITTEE ON ENERGY AND COMMERCE

JOHN D. DINGELL, Michigan, Chairman

JAMES H. SCHEUER, New York
RICHARD L. OTTINGER, New York
HENRY A. WAXMAN, California
TIMOTHY E. WIRTH, Colorado
PHILIP R. SHARP, Indiana
JAMES J. FLORIO, New Jersey

EDWARD J. MARKEY, Massachusetts
THOMAS A. LUKEN, Ohio
DOUG WALGREN, Pennsylvania
ALBERT GORE, JR., Tennessee
BARBARA A. MIKULSKI, Maryland

AL SWIFT, Washington
MICKEY LELAND, Texas

RICHARD C. SHELBY, Alabama
CARDISS COLLINS, Illinois

MIKE SYNAR, Oklahoma

W. J. "BILLY" TAUZIN, Louisiana

RON WYDEN, Oregon

RALPH M. HALL, Texas

DENNIS E. ECKART, Ohio

WAYNE DOWDY, Mississippi

BILL RICHARDSON, New Mexico
JIM SLATTERY, Kansas

GERRY SIKORSKI, Minnesota

JOHN BRYANT, Texas

JIM BATES, California

JAMES T. BROYHILL, North Carolina
NORMAN F. LENT, New York
EDWARD R. MADIGAN, Illinois
CARLOS J. MOORHEAD, California
MATTHEW J. RINALDO, New Jersey
TOM CORCORAN, Illinois

WILLIAM E. DANNEMEYER, California
BOB WHITTAKER, Kansas
THOMAS J. TAUKE, Iowa
DON RITTER, Pennsylvania
DAN COATS, Indiana

THOMAS J. BLILEY, JR., Virginia
JACK FIELDS, Texas

MICHAEL G. OXLEY, Ohio

HOWARD C. NIELSON, Utah

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CONTENTS

406

Stevens, Arthur, general counsel, on behalf of The Tobacco Institute..
Waterson, Michael J., on behalf of American Association of Advertising
Agencies, American Advertising Federation, and Association of Nation-
al Advertisers.....

323

153

Report: Health Hazards Associated with Alcohol and Methods to
Inform the General Public of These Hazards...

309

Pertschuk, Michael, letter, dated September 1, 1982, from Timothy Muris
to John J. Dingell re comments on H.R. 5653.

208

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Coalition on Smoking OR Health, Matthew L. Meyers, staff director.
De Forest, J. D., Ph. D..

254

290

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American Newspaper Publishers Association

Flue-cured Tobacco Cooperative Stabilization Corporation

National Automatic Merchandising Association

Seltzer, Carl C....

Tindal, Leslie D.

Tobacco Institute, The:

Comments of the Institute on the FTC report on the cigarette adver

795

804

797

799

776

774

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Hopkins, Larry J.

941

Sommers, Sheldon C., M.D., group of letters pertaining to the Multiple

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SMOKING PREVENTION EDUCATION ACT

WEDNESDAY, MARCH 9, 1983

HOUSE OF REPRESENTATIVES,

COMMITTEE ON ENERGY AND COMMERCE,
SUBCOMMITTEE ON HEALTH AND THE ENVIRONMENT,

Washington, D.C. The subcommittee met, pursuant to notice, at 9:50 a.m., in room 2322, Rayburn House Office Building, Hon. Henry A. Waxman (chairman) presiding.

Mr. WAXMAN. The meeting of the subcommittee will please come to order.

We would like to welcome all of our guests here today for this hearing.

This morning, the subcommittee will begin hearings on H.R. 1824, the Comprehensive Smoking Prevention Education Act. The legislation is similar to bills introduced during the last Congress, and is cosponsored so far by 33 Members of the House, including Mr. Scheuer, Mr. Wyden, Mr. Ottinger, and Mr. Whittaker of the subcommittee.

Our subjects this morning are the health effects of cigarettes and the adequacy of existing smoking prevention activities. Smoking has been characterized by the Surgeon General and public health experts as this Nation's most preventable cause of death and ill

ness.

If this were an issue involving a food or drug, I doubt we would be considering this legislation today. The Food and Drug Administration is charged with assuring that the public is adequately warned about the health effects of drugs and that hazardous foods and drugs are removed from the market. Yet, no Federal agency has jurisdiction over cigarettes. Cigarettes-our Nation's No. 1 killer-stand virtually unregulated.

The responsibility to regulate the cigarette industry falls to the Congress. In 1965, Congress required the first health warning label. In 1970, the warning was revised and cigarette advertising on TV and radio was banned. In 1983, 13 years after the 1970 legislation, it is time to again revise Federal policy by strengthening the health warning label and expanding public education activities.

The Federal Government has a substantial interest in this issue. Each year 300,000 Americans will die due to smoking related diseases. Thousands more will be debilitated by smoking related illness or undergo painful treatment for diseases like cancer. The simple truth is that smoking is a life or death gamble and the odds are heavily stacked against the smoker.

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