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.

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 which was a request from President John F. Kennedy, found that lung cancer and chronic bronchitis are causally related to cigarette smoking. It was the first Surgeon General’s report of the many to follow. 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. 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.

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.

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 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.

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. In 1986, the Health Protection Act was implemented to complete the ban of tobacco advertising on television and radio which began in 1970. In 2009, the Family Smoking Prevention and Tobacco Control Act (FSPTCA) was implemented as Congresses amendment to the Federal Cigarette Labeling and Advertising Act (FCLAA) of 1965. The FSPTCA was signed on 22 June 2009 and is also referred to as the Tobacco Control Act.

The tobacco industry has begun to use a variety of other marketing tools and strategies to influence people and attract new customers. Firms shifted away from media-based advertising and began promoting though print media like newspapers, magazines and billboards or coupons, event sponsorship, promotion allowances and added bonuses. 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 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. Camel increased its adolescent customer base dramatically, from less than 1% before 1988 to more than 13% in 1993.

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 The Tomorrow Show to open up further advertising inventory.

In 2014, a 53% reduction in smoking rates was predicted due to polices that were implanted since the first report in 1964. Also since then, the Office on Smoking and Health of CDC has published more over 35 reports on smoking health consequences.

The FDA finalized the Required Warnings for Cigarette Packages and Advertisement in March 2020, with 11 new health warnings with color graphic images.

References

External Resources

  • Federal Cigarette Labeling and Advertising Act as amended (PDF/details) in the GPO Statute Compilations collection