THE RISING BATTLE OVER CIGARETTE ADVERTISING

THE nation's cigarette manufacturers have been under increasing fire since the U.S. Surgeon General reported in 1964 that "cigarette smoking contributes substantially to mortality." The Surgeon General, the U.S. Public Health Service and the Department of Health, Education and Welfare have brought out steadily stronger reports, including evidence that the average heavy smoker dies eight years sooner than the nonsmoker. HEW began distributing pamphlets to schools, warning of the dangers of smoking. Congress in 1965 ordered that cigarette packs must carry the warning "Caution: Cigarette Smoking May Be Hazardous to Your Health." Twenty months ago, the Federal Communications Commission ordered that the television and radio networks must donate "significant" time to the American Cancer Society and other organizations to rebut cigarette commercials.

Last week the FCC delivered what could be the heaviest blow of all. By a 6-to-1 vote, the commissioners ruled that all cigarette advertising should be banned from TV and radio. Whether the FCC really has the power to order and enforce such a ban will be decided ultimately by Congress, and perhaps in the courts. Last week's ruling was the opening shot in what shapes up as an incendiary battle that will carry through 1969 and probably beyond.

Sales Down. The Tobacco Institute, spokesman for the industry, called the FCC's proposed ban "arbitrary in the extreme." A number of Congressmen from North Carolina, Kentucky and other primary tobacco-growing states also raised objections. They had some important economic arguments. Altogether 18 states raise tobacco in significant amounts; millions of Americans are somehow involved in tobacco growing, processing or marketing; cigarettes last year contributed $8.4 billion to the gross national product and $4.1 billion to federal and local taxes. Beyond that are the intricate legal and moral questions of whether the Government has the right to limit several lines of businesses, even for the sake of public health.

The drives against smoking have already hurt the manufacturers. Last year smoking declined for the first time since the 1964 report caused a one-year slump. Although the nation's over-15 population has increased, the estimated number of U.S. smokers has dipped since 1964 from 70 million to 60 million. The number of cigarettes consumed in the U.S. dropped in the past year from 527.8 billion to 526.5 billion. Many teenagers no longer feel obliged to smoke; it is no longer necessarily the thing to do. Responding to these ill portents, cigarette companies have accelerated their diversification drives, which have spread them into such businesses as soft drinks, cosmetics and pet foods.

Opposition Up. What would happen if broadcast advertising were indeed restricted? The networks would,stand to lose about $200 million in revenues (11% of their total), the bulk of which the manufacturers would probably channel elsewhere. Most likely, they would spend part of it--but not all--in other media. They would also invest some in further diversification and spend more for coupons and contests. They might even increase their budgets for scientific research into smoking and health.

The issue will come to a head about June 30, when the Cigarette Labeling and Advertising Act of 1965 is due to expire. That law was a compromise. The antismoking forces in Congress pushed through the requirement for warning labels. To assuage the pro-tobacco forces, however, the warning was toned down from the one originally proposed --the words "death" and "cancer" were not mentioned. As an equally important part of the compromise, the act prohibited any agency from restricting cigarette advertising on its own. In last week's action, the FCC challenged Congress either to write a tougher law or to let the act expire and thus enable the FCC to enforce a ban.

Congressional opposition to cigarettes has stiffened considerably since the original labeling law was passed. Congressmen have been impressed by the fact that bans on some or all cigarette advertising have been enacted in Britain, France, Italy, Norway, Denmark and other countries. The late Senator Robert Kennedy proposed that the U.S. follow their example. Washington's Senator Warren Magnuson is the author of an antismoking book, and Utah's Frank Moss is another outspoken tobacco critic. The prospect is for a long and emotional fight, leading to stricter limits on the promotion of cigarettes.

This file is automatically generated by a robot program, so reader's discretion is required.