REMARKS
ASSOCIATION OF NATIONAL ADVERTISERS

NEW YORK

FEBRUARY 13, 1990

C. EVERETT KOOP, MD

77
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I SPEAK TO YOU TODAY AS A PHY: SICIAN, A, HEALTH OFFICER,

A CITIZEN WHOSE PRIMARY CONCERN IS THE HEALTH OF THE

AMERICAN PEOPLE.

I SPEAK TO you AT A TIME WHEN EVERY KNOWLEDGEABLE
VOICE WARNS THAT AMERICAN HEALTHCARE IS IN THE THROES
OF A REVOLUTION: THE AMERICAN PEOPLE, IN THE YEARS
AHEAD, WILL SIMPLY NOT BE ABLE TO AFFORD THE HIGH COST

OF REHABILITATIVE MEDICINE.
WE CAN NO LONGER WAIT UNTIL WE GET SICK OR BROKEN, AND
THEN TURN TO MEDICINE TO PATCH US UP.

T HERE IS MORE TO HEALTH THAN MEDICINE.

NOW, AND IN THE FUTURE, PREVENTION IS THE WORD OF THE

HOUR,

THE NAME OF THE GAME.
THE CONNECTION BETWEEN ADVERTISING AND THE HEALTH OF
THE AMERICAN PEOPLE, AS FAR AS PREVENTION OF DISEASE AND
DEATH IS CONCERNED, FOCUSES OUR ATTENTION ON THE
COMPELLING NEED TO BAN TOBACCO AND ALCOHOL
ADVERTISING.

WE MUST KEEP TOBACCO ADS OFF TELEVISION, AND WE MUST

MAKE ALCOHOL ADS DEPART TOO.
IT IS UNCONTESTABLE: UNDENIABLE HARM TO INDIVIDUALS AND

TO OUR NATION COMES FROM ALCOHOL AND TOBACCO.

SMOKING IS "THE CHIEF, SINGLE, AVOIDABLE CAUSE OF DEATH

IN OUR SOCIETY AND THE MOST IMPORTANT PUBLIC HEALTH

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ISSUE OF OUR TIME" (CEK) . /7 75 MESO WStGEL

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AS WE MOUNT OUR NATIONAL WAR ON DRUGS,
THERE IS SOMETHING PERVERSE ABOUT OUR CONDONING
ADVERTISEMENTS FOR THE GREATEST KILLER-DRUG OF ALL:

NICOTINE.
TODAY WE ARE TALKING, NOT ABOUT PRIVATE PRINT, BUT ABOUT

PUBLIC PROPERTY.
THE AIR WAVES BELONG TO THE PUBLIC.

THE PUBLIC HAS A RIGHT TO MAKE SURE THAT THE AIR WAVES
ARE NOT EXPLOITED FOR PUBLIC HARM.

A CONTINUED BAN ON BROADCAST ADVERTISING FOR TOBACCO
AND A BAN ON ALCOHOL ADVERTISING IS A COMPELLING PUBLIC

HEALTH CONCERN.
THE STORY FOR ALCOHOL ADVERTISING IS MUCH THE SAME AS

THAT FOR TOBACCO.

ALCOHOL IS A TOXIC, POTENTIALLY ADDICTIVE DRUG, THE

GREATEST KILLER OF AMERICAN YOUNG PEOPLE BETWEEN 16

AND 24.

ALCOHOL ABUSE COSTS ANNUALLY 100,000 DEATHS AND $120

BILLION IN ECONOMIC LOSSES.
IN SPITE OF THIS GREAT COST, ALCOHOL ADS PITCH A LIFESTYLE
THAT INCLUDES DRINKING AS A VITAL COMPONENT.

ALCOHOL IS VISUALLY ASSOCIATED WITH SEX, FRIENDSHIP,
AFFLUENCE, PATRIOTISM, FITNESS, HEALTH.

THE DECEPTIVE MESSAGE IS CLEAR:

"EVERYBODY DRINKS, AND IT’S OK FOR EVERYBODY"
YOUNG PEOPLE HEAR THIS MESSAGE. ~
AMERICAN CHILDREN SEE ABOUT 100,000 BEER COMMERCIALS

BETWEEN THE TIME THEY ARE TODDLERS UNTIL 18.

10
AS DIFFICULT AS THE NATIONAL COMMISSION AGAINST DRUNK
DRIVING WAS WITH ME IN MY EFFORTS TO HOLD A SURGEON
GENERAL’S WORKSHOP ON DRUNK DRIVING, THEY DID PROVIDE
ONE INESCAPABLE TRUTH.

THE GREAT MAJORITY OF YOUNG PEOPLE IN HEARINGS HELD
ACROSS THE COUNTRY TESTIFIED THAT THEY BEGAN TO DRINK

BECAUSE OF THE ADVERTISING FOR ALCOHOLIC BEVERAGES.

11
LIKE TOBACCO ADVERTISERS, ALCOHOL ADVERTISERS ARE
ALWAYS ATTEMPTING TO INCREASE THEIR TOTAL MARKET, TO
LURE NEW CONSUMERS TO THEIR PRODUCTS.

THIS MEANS COMPETING, NOT JUST WITH OTHER ALCOHOLIC
BEVERAGES, BUT WITH ALL BEVERAGES, INCLUDING SODA,

JUICES, AND THE LIKE.

THAT’S WHAT IS BEHIND THE TREND TOWARD WINE COOLERS,
LITE BEER, CREAMY LIQUEURS, ETC.AND, SURE ENOUGH, WINE
AND BEER CONSUMPTION HAS MOVED UP STEADILY SINCE THIS

NEW HEAVY ADVERTISING BEGAN ON TV AND RADIO.

12
ADVERTISING WORKS. YOU PEOPLE KNOW THAT.

ADVERTISING BLUNTS THE EFFECTIVENESS OF SMALL PUBLIC
HEALTH EDUCATION CAMPAIGNS.
THE SMALL HEALTH WARNINGS ARE NO COMPETITION FOR TV

IMAGES OF THE GOOD LIFE WITH ALCOHOL.
I REST MY CASE THERE. MORE CAN BE SAID IN THE Q AND A

SESSION.

14
INDEED, IT IS STRANGE THAT WE SHOULD EVEN NEED TO
ADDRESS THIS SUBJECT.
IT IS STRANGE TO ATTEMPT TO HAVE A RATIONAL DISCOURSE

ABOUT AN IRRATIONAL FLUKE OF HISTORY.

WITHOUT THE UNHAPPY BURDEN OF HISTORY ALL REASONABLE
PEOPLE WOULD DENOUNCE ANY ATTEMPT TO ENCOURAGE —H1/S70@}
AMERICANS TO CONSUME SUBSTANCES LIKE TOBACCO OR

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ALCOHOL, BECAUSE THEY ARE CLEARLY ASSOCIATED WITH

DISEASE, DISABILITY AND DEATH.
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IF TOBACCO AND ALCOHOL WERE NOW FOR THE FIRST TIME
BEING TESTED FOR POPULAR CONSUMPTION, THE REGULATORY
AGENCIES WE ENTRUST WITH WATCHING OUT FOR OUR HEALTH

WOULD DISALLOW THEIR USE.

BUT FROM THE BEGINNING, AMERICAN TOBACCO HAS ENJOYED
GOVERNMENT PROTECTION AND CODDLING, DESPITE ITS
SINISTER ASSOCIATIONS, FIRST WITH SLAVERY, AND LATER WITH

CANCER AND HEART DISEASE,
SIMILARLY, THE FAILURE OF PROHIBITION IN THE 1920S HAS
MADE AMERICANS SHRINK FROM TAKING THE STEPS ANY Pow Bi T10n
RATIONAL SOCIETY WOULD TAKE TO REDUCE OR ELIMINATE THE

INCALCULABLE PERSONAL AND SOCIAL COST OF ALCOHOL

ABUSE.
SENSE
As Gre
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CAUSE FOR DRINKING AND SMOKING, IT DOES NOT MAKE SENSE

ALTHOUGH NO ONE CLAIMS THAT ADVERTISING ALONE IS THE
y
THAT TOBACCO AND ALCOHOL ADVERTISERS WOULD SPEND

BILLIONS ON SLICK, GLAMOROUS, SEXY ADVERTISING IF IT DID

NOT PAY OFF.

11
ALTHOUGH ONE OF THE MOST GRATIFYING CHANGES DURING
MY TENURE AS SURGEON GENERAL WAS THE DECLINE IN
CIGARETTE SMOKING FROM 3 3 TO 26 , 1AM ALARMED BY THE
CONTINUED RISE OF SMOKING IN CERTAIN GROUPS: YOUNG

TAGCETS
PEOPLE, WOMEN, AND MINORITIES.

NOT COINCIDENTALLY, THESE THREE GROUPS HAVE BEEN THE

TARGETS OF SPECIAL ADVERTISING BY THE TOBACCO

COMPANIES.

12
ADVOCATES FOR WOMEN, CHILDREN, AND MINORITIES ARE

INCENSED BY THIS PATRONIZING AND MANIPULATIVE

MARKETING.

Fat AGE 7

CIGARETTE FIRMS MANIPULATE MINORITIES, WOMEN, AND Aos

YOUNG PEOPLE BECAUSE THESE PEOPLE HAVE THE STRONGEST
ASPIRATIONS TO CHANGE THEIR STATUS.
SO THESE ADS ASSOCIATE SMOKING WITH MAKING IT...

IN THE WHITE, OR ANGLO, OR MALE, OR ADULT WORLD.
. BLAND
AT THIS POINT THE CIGARETTE COMPANIES, ALCOHOLIC Le Mt 4

BEVERAGE COMPANIES--AND SOME BROADCASTERS-- 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.

15
DRUNK-DRIVING IS NOT THE ONLY PROBLEM.

; a/—

ALCOHOL ABUSE IS A CULPRIT ASSOCIATED WITH CHILD AND

SPOUSE ABUSE, WITH DROWNINGS, WITH FETAL DISORDER

9

 

 

WITH CANCER, WITH HEART DISEASE. |

 

 

22
IRONICALLY, TOBACCO AND ALCOHOL ADVERTISERS OPPOSE

COUNTER-ADVERTISING --OR BANNING ADVERTISING-- BY

SAYING IT WON’T WORK.

26608

IF ADVERTISING BANS ARE INEFFECTIVE, AS THE INDUSTRY

CLAIMS, WHY DO THEY FIGHT SO HARD TO OPPOSE THEM?
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THE BROADCASTER’S SELF-IMPOSED BAN ON ADVERTISING FOR Al quok

DISTILLED LIQUOR IS CLEAR EVIDENCE THAT THEY BELIEVE x

ADVERTISING TO HAVE AN EFFECT UPON CHILDREN, TEENAGERS,

OR RECOVERING ALCOHOLICS.

25
THE TIME HAS COME FOR THE AMERICAN PEOPLE TO PROTECT
THEIR CHILDREN --AND THEMSELVES-- FROM THE THREAT TO

THEIR HEALTH IN THEIR AIRWAVES.

Poets

 

A BUSINE EK/LOUIS HARRIS POLL INDICATED THAT 57% OF

THE PUBLIC FAVORS TOTAL BAN ON BROADCAST ALCOHOL

 

ADVERTISING.
IF VOLUNTARY RESTRICTIONS ARE NOT SOON ADOPTED,
ADVERTISING BANS WILL BE MANDATED BY CONGRESS IN

RESPONSE TO PUBLIC DEMAND.
A BAN ON BROADCAST ADVERTISING FOR BOTH ALCOHOL AND
TOBACCO WILL HAVE ALMOST IMMEDIATE POSITIVE RESULTS

FOR THE HEALTH OF THE AMERICAN PEOPLE.

CouMMt —

; AOvVT.
COUNTER-ADVERTISING IS SUCCESSFUL, AS DEMONSTRATED IN

THE 1960S WITH ANTI-SMOKING ADS.
(BUT COUNTER-ADVERTISING HAS DECLINED PRECIPITOUSLY

SINCE THE FCC REPEALED THE FAIRNESS DOCTRINE.)

27
ELVES
of?
GCESTHUCT I

WHEN ADVERTISING HAS BEEN RESTRICTED, HERE AND ABROAD,
SMOKING HAS DECLINED, THEREFORE AFFECTING POSITIVELY
THE HEALTH OF THE SOCIETY.

WE HAVE SEEN THE STEADY DECLINE IN SMOKING SINCE TV ADS

WERE BANNED.

WE CAN SEE SIMILAR RESULTS IN OTHER COUNTRIES.

28
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NEW ZEALAND DISCOVERED THAT BANS ON TOBACCO tn
PROMOTION ARE FOLLOWED BY A SMOKING DECLINE, AND THAT
TOTAL BANS CAUSE A SMOKING DECLINE 4 TIMES FASTER THAN
~ IN COUNTRIES WITH PARTIAL BANS. |

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SIMILARLY A MULTI-FACETED CAMPAIGN (including advertising

restrictions ??) IN SCANDINAVIAN COUNTRIES LED TO A 20%

DECLINE IN DRINKING, AND A 30% DECLINE IN HIGH SCHOOL

by prbeoid~7
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_ DRINKING.

29
Fere

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of
I STAND ON COMMON SENSE AND PROVEN HEALTH STUDIES. Pobhece

COMA EMIES
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 AND

ALCOHOL ADVERTISERS IS A SMOKE SCREEN.

“YOU DON’T SEE THESE PEOPLE OUT IN FRONT ON OTHER FIRST

AMENDMENT ISSUES.

30
FREE SPEECH HAS NEVER BEEN AN UNLIMITED RIGHT:

 

J TEE,
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.

COMMERCIAL SPEECH IS NOT AFFORDED THE SAME PROTECTION
_— _ “ry

AS ARTISTIC, PERSONAL, OR POLITICAL SPEECH.

RECENT COURT DECISIONS UPHOLD RIGHT TO RESTRICT

COMMERCIAL SPEECH IN NAME OF COMMON WELFARE.

31
- >
LIé.

UNTRUTHFUL SPEECH NEVER HAS BEEN PROTECTED FOR ITS

OWN SAKE. COURTS HAVE FOUND THAT THE GOVERNMENT MAY

 

BAN COMMUNICATION "MORE LIKELY TO DECEIVE THE PUBLIC

THAN TO INFORM IT" (Polin article, note 78; central hudson case)

THE FIRST AMENDMENT WAS NOT INTENDED TO ALLOW LIES TO
BE FOISTED ON THE PUBLIC.

MOST CIGARETTE AND ALCOHOL ADVERTISING IS LIES.

 

 

IT ASSOCIATES WITH ROMANCE, GLAMOUR, ATHLETICS, SUCCESS

 

SUBSTANCES WHICH INSTEAD LEAD TO DISABILITY AND DEATH.

 

 

32
AGE
FIRST AMEN DMENT PROTECTION IS NOT EXTENDED TO SPEECH
ENCOURAGING ILLEGAL ACTIVITY.
TOBACCO AND ALCOHOL ADVERTISERS DEPEND UPON REACHING

YOUNG PEOPLE.

MOST OF THOSE WHO SMOKE OR DRINK, BEGAN BEF ORE THEY
WERE TWENTY, OR EVEN 15.

IN OTHER WORDS, THE CONTINUED STRENGTH OF THE TOBACCO

AND ALCOHOL MARKET DEPENDS ON THOSE TO WHOM THE

a

PRODUCTS CANNOT BE LEGALLY SOLD.

33
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THEREFORE, RESTRICTIONS ON TOBACCO AND ALCOHOL

ADVERTISING MEET THE CONSTITUTIONAL TEST IN AT LEAST

TWO WAYS:

Ghr IS APPROPRIATE TO BAN COMMERCIAL SPEECH THAT IS
MISLEADING OR FRAUDULENT.
AND
Gyr IS APPROPRIATE TO BAN COMMERCIAL SPEECH

RELATED TO ILLEGAL ACTIVITY.

34
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FOR ALL THEIR TALK ABOUT "FREEDOM", TOBACCO AND = S
Of CHOLE

ALCOHOL INTERESTS ARE GREAT ENEMIES OF FREEDOM.

FAR FROM BELIEVING IN FREE SPEECH, TOBACCO AND ALCOHOL
ADVERTISERS USE THEIR ECONOMIC CLOUT TO FORCE
PUBLISHERS NOT TO PRINT ARTICLES ABOUT THE REAL
CONSEQUENCES OF SMOKING AND DRINKING.

CIGARETTE AND ALCOHOL ADVERTISING, FAR FROM ALLOWING
FREE CHOICE, ACTUALLY UNDERMINE FREE CHOICE. NICOTINE

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ADDICTS AND ALCOHOLICS DO NOT ENJOY FREE CHOICE.

——

35
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AND, --REMEMBER THIS-- 1,000 SMOKERS WILL GIVE UP SMOKING Cu.

d
TODAY. (A 05

sone THEIR FUNERALS WILL BE HELD IN THE NEXT THREE DAYS.

MEANWHILE, ADVERTISERS RECRUIT NEW VICTIMS.

37
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He eH HH HAHAH KAA KAKA KAKA KKK VKH KKEKKKKEKKAKKAE AY TRA STUFF:

ALL ADVERTISING AIMS AT MARKET EXPANSION. FOR TOBACCO
THAT MEANS KIDS AND WOMEN. TOBACCO ADS UNUSUALLY

HIGH IN WOMEN’S AND BLACK MAGAZINES.

INDUSTRY CLAIMS THAT THEY ARE NOT APPEALING TO YOUNG
PEOPLE BECAUSE THEIR MODELS ARE ALL OVER 21 --JUST THE

KIND OF YOUNG ADULTS TEENAGERS USE AS ROLE MODELS.

"IN COUNTRIES WITH CIGARETTE MONOPOLIES, BRAND-

SWITCHING IS IRRELEVANT, YET CIGARETTE ADVERTISING

CONTINUES.

39
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Ao)

TOBACCO AND ALCOHOL ADS IMPLY THAT SMOKING AND ey

_ DRINKING HAVE NO ILL CONSEQUENCES.

IN SPITE OF INDUSTRY CLAIMS TO THE CONTRARY, ONLY ABOUT
3% - 4% OF BROADCAST REVENUES COME FROM ALCOHOL

ADVERTISING.

"IN COUNTRIES WITH CIGARETTE MONOPOLIES, BRAND-

SWITCHING IS IRRELEVANT, YET CIGARETTE ADVERTISING

CONTINUES.

TOBACCO AND ALCOHOL ADS IMPLY THAT SMOKING AND

DRINKING HAVE NO ILL CONSEQUENCES.

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40