123STA T . 1 7 7 8PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9thes e ac t iv ities have no t b een s u ccess f u l ina d e q uatel ypr e - ventin g such increased use .(16)I n 20 0 5, the cigarette m anufacturers spent more than $ 1 3 ,000,000,000 to attract ne w users, retain current users, increase current consumption, and generate favorable long-term attitudes toward smo k ing and tobacco use. (1 7 ) T obacco product advertising often misleadingly por- trays the use of tobacco as socially acceptable and healthful to minors. (1 8 ) Tobacco product advertising is regularly seen by per- sons under the age of 18, and persons under the age of 18 are regularly e x posed to tobacco product promotional efforts. (1 9 ) Through advertisements during and sponsorship of sporting events, tobacco has become strongly associated with sports and has become portrayed as an integral part of sports and the healthy lifestyle associated with rigorous sporting activity. (20) C hildren are exposed to substantial and unavoidable tobacco advertising that leads to favorable beliefs about tobacco use, plays a role in leading young people to overestimate the prevalence of tobacco use, and increases the number of young people who begin to use tobacco. (21) The use of tobacco products in motion pictures and other mass media glamori z es its use for young people and encourages them to use tobacco products. (22) Tobacco advertising expands the size of the tobacco market by increasing consumption of tobacco products including tobacco use by young people. (23) Children are more influenced by tobacco marketing than adults
more than 80 percent of youth smoke three heavily marketed brands, while only 5 4 percent of adults, 26 and older, smoke these same brands. (24) Tobacco company documents indicate that young people are an important and often crucial segment of the tobacco market. Children, who tend to be more price sensitive than adults, are influenced by advertising and promotion prac- tices that result in drastically reduced cigarette prices. (25) Comprehensive advertising restrictions will have a positive effect on the smoking rates of young people. (26) R estrictions on advertising are necessary to prevent unrestricted tobacco advertising from undermining legislation prohibiting access to young people and providing for education about tobacco use. (27) International experience shows that advertising regu- lations that are stringent and comprehensive have a greater impact on overall tobacco use and young people ’ s use than weaker or less comprehensive ones. (28) Text only requirements, although not as stringent as a ban, will help reduce underage use of tobacco products while preserving the informational function of advertising. (29) It is in the public interest for Congress to adopt legisla- tion to address the public health crisis created by actions of the tobacco industry. (30) The final regulations promulgated by the S ecretary of H ealth and Human Services in the A ugust 28, 1996, issue of the F ederal Register (61 Fed. Reg. 44615 – 44618) for inclusion
