DRAFT. BACKGROUND BRIEFING PAPER ~iEarette advert sl- ctions do not have the intended _L aL restri effects, and there is a dan-er of their becoming I fctrm of commercial censorship. Consumer protection laws and the machinery for their enforcement, which provide a sensible protection of the public against false or misleading advertising claims, are clearly appropriate. No responsible industry would object to them. But the end result of advertising restrictions on tobacco - or any other legal product - can only be to limit choice; to block the free flow of information; to emasculate competition, cancelling its benefits; to penalise the advertising media by starving them of revenue; to inhibit commercial investment and employment; to jeopardise present invest6nt; and to place powers of censorship in the hands of self-appointed pressure groups or statutory committees who, lacking commercial experience and commerical responsibility alike, have no right to wield them. This paper examines, under seven main headings, the intended effects of cigarette advertising restrictions, their very harmful side-products, and the unfounded allegations against co cigarette advertising. co BATCo industries for Province of British Columbia 27 October 1999 M/ 2 .1. Cigarette advertising has no sij~nificant effect on total ~~on-ption Advertising is riot aimed at increasing total consumption. it is, however, designed to influence brand preference and to help the consumer select a particular brand, once the decision to purchase the basic product has been made. There are no campaigns encouraging people to "smoke more cigarettes", only campaigns saying "smoke our cigarettes, not theirs." Nevertheless, the opponents of smoking, who wish to ban cigarette advertising, use as one of their two main arguments the claim that advertising increases total consumption. Both statistical and empirical evidence indicate that this claim is unfounded. One of the most thorough statistical studies on this subject was carried out by the Metra Consulting Group on the United Kingdom cigarette market. This study, which covered the years 1962 to 1969, was broadly accepted by the U.K. Department of Health and Social Security. It concluded that "No evi dence has been found of a significant association between the total level of media advertising and total cigarette sal*es." Much empirical evidence is available. Professor Reinhold Bergler, head of the Institute of Psychology at Bonn University co in his book "Advertising and Cigarette Smoking - a Psychological Study", published in 1981, surveyed two studies cc X-1:- BATCo industries for Province of British Columbia 27 October 1999 embodying empirical evidence. The first, conducted by J.L. Hamilton in 1975, examines the effects of bans on broadcast advertising in 10 industrialised countries outside the iron curtain. Cormnenting on Hamilton's finding, Bergler says: "In the final analysis, therefore, the bans on advertising proved ineffective, and the theory that there e%ists a positive correlation between the volume of advertising and the volume of cigarette consumption must accordingly be dismissed as false." The second study, carried out in 1977 by Eugene Levitt, Director of Psychology at the Indiana University Medical School , considered the results of media bans ir, 6 1 countries of the same category as those covered by Hamilton. Bergler's conclusions on this study are: "All the available data point to one conclusion and one conclusion.only. Imposing a ban on cigarette advertising - irrespective of the media forms to which it applies, and irrespective of the time it comes into force - is not an effective way of slowing down the rise in cigarette consumption, still less a means of producing a decline in consumption.. In countries operating total bans, consumption has increased more rapidly than in countries which have imposed even limited advertising restrictions. For example, tobacco consumption is growing faster in the Communist Eastern Bloc where no cigarette advertising at all has been permitted for years, than in the - "Free World". where there is still advertising albeit with CX-) certain media limitation in some countries. In the Eastern -_j 1 ~0 Bloc, excluding the U.S.S.R. where supply problems have almost C~O r- BATCo industries for Province of British Columbia 27 October 1999 M/ 4 certainly depressed consumption, the increase in cigarette consumption was 43% between 1970 and 1980, as against a 35% increase in the "Free World" over the same period. The most -remarkable Eastern Bloc country increases, over those 10 years, were Bulgaria 74% (in the context of only a 5% population increase) Yugoslavia 71% and East Germany 58% (despite a marginal fall in population). Similar examples are to be found in other countries with total bans on cigarette advertising. For example, in Thailand, all advertising was banned in 1969, but cigarette consumption during the 1970's grew at over twice the average rate for the whole "Free World". 2. CiZ.~~rette R~yertisiEg_.~2es not cause either adults or young pe2ple to start smoking Almost invariably the second main argument used by the opponents of smoking against cigarette advertising is that it causes both adults and young people to start smoking. The industry regards smoking as an adult custom. which adults may decide to follow in the light of mature, informed freedom of choice, and the industry maintains that its advertising is not a factor in leading anyone to start smoking. CZ:) The facts support this view. CX:) -r-:. rIJ BATCo industries for Province of British Columbia 27 October 1999 Ni/ 5 For example, studies carried out in 196718 and 1973 by the National Health and Medical Research Council in Australia examined this allegation and the report on this research concluded: "No empirical research has been able to show that aggregate brand advertising leads to greater tobacco consumption. . Nor has anything been found to suggest that advertising entices non-smokers, young people in particular, into becoming smokers. It follows, therefore, that there can be no evidence showing that a ban on advertising would result in reduced tobacco consumption and fewer new smokers." A further comment on these lines was made by the Director of the United States Office of Smoking and Health when he sa-id: "It is quite correct, on one hand, not to make ads the culprit in terms of why teenagers, for example, take up smoking. Advertising is certainly not the culprit." A 1977 Gallup survey undertaken to study smoking habits in American teenagers also found that advertising was not among the reasons given for beginning to smoke. Indeed, all the research work so far done, much of it by bodies opposed to the tobacco industry, has failed to prove that advertising induces young people to smoke. Nor is there proof that advertising has the power to start people smoking. Co BATCo industries for Province of British Columbia 27 October 1999 NI/ 6 The reasons why peopie start smoking are complex, and mostly concerned with the individual's psychology, background and social context. lie or she starts to smoke because of internal and external factors which have to do with the kind of person he or she is, with the example of parents and friends and with social influences exerted by peer groups. All that seems clear from the research that has been done. It is also clear that the conclusion of serious responsible researchers is that advertising plays no significant role in initiating the use of tobacco products. 3. Censorship, through advertising bans, denies the principle of free choice and full-product information The principles of individual choice and individual responsi- bility for one's own actions are fundamental to any free society. Hand-in-hand with those principles go freedom of speech, freedom of action and freedom to select one's own style of living - providing that one stays within the law. Of these principles the freedom of individual choice, as related to the consumer, is of course particularly threatened by bans or restrictions on cigarette advertising. Opponents of cc BATCo industries for Province of British Columbia 27 October 1999 M/ 7 sm,oking have argued that a ban on advertising would convincingly express government disapproval of smoking and that this in itself would lead people not to do it. The fallacy of this argument is clearly shown by the evidence quoted in the first section of this paper, that advertising has no significant effect on total consumption. I t is apparent therefore, that people are determined to exercise their right to choose to smoke, despite advertising bans and their alleged implication of gover=ent disapproval. Indeed the very fact that "authority" disapproves of something is for some people a reason to try it. Faced with this situation opponents of smoking fall back at times on the argument that smoking is not merely an individual responsibility, because it may lead to illness which must be treated at public expense. The argument is of course totally untenable because practically everything we eat, drink or do has been accused of causing disease which must be treated at public expense. Why teen should smokers be singled out for special discrimination? The argument also implies that populations are incapable of looking after themselves and unfit to make their own decisions, in consequence of which they must be subjected to a form of censorship. (Writing in the American "Business and Society Review" winter 1977-1978, Arthur Hettich, editor of Family Circle in the co United States, surmed up the feelings of many on the above X- LF1 BATCo industries for Province of British Columbia 27 October 1999 points when he said: "It is our feeling, therefore, that prohibiting cigarette advertising would be a violation of the rights of a legal segment of American business and; more important, a violation of our readers right to choose. Should we prohibit automobile advertising from our pages because hundreds of thousands of people are maimed or killed each year from car accidents? Do you feel that we should prohibit liquor advertising because alcoholism has reached epidemic proportion in this country? The reasonable answer is, I think, that our readers are highly intelligent people who are able to make up their own minds on these questions.") For consumers, however resolved they may be to preserve their freedom of choice, advertising bans are a menace because they deny them the right to be informed of all the factors which might influence that choice. Smokers are thus deprived of information on available brands, new brands, prices, tobacco qualities and, perhaps most important o-f all, new product innovations and developments - and the main and most efficient means of imparting this information is advertising. The European Association of Advertising Agencies' memorandum on Cigarette Advertising in June 1978, made some telling points on the assistance to the smoker arising from the provision of such information in countries where cigarette advertising exists, as opposed to the lack of it - particularly information on product CC) development - in Eastern Europe where cigarette advertising is -4 I-0 totally banned. It said: "This resulted, for example, in the CC) -r- Cr\ BATCo industries for Province of British Columbia 27 October 1999 predominance of the filter-tipped type of cigarette in most countries where advertising is allowed. The market share of filter cigarettes in those countries is between 85% to 90%. In Eastern Europe, however, it is well below 50%. Moreover, advertising has helped support consumer demand for lighter brands as shown, for instance, by the development of the German cigarette market. Within twenty years the contents of condensate and nicotine in the overall German cigarrette market was reduced by more than 50%." Finally, the referendum held in Switzerland in recent years on the question of whether ot not cigarette and alcohol advertising should be banned, evoked the following comment-from Dr. Raymond Broger, Member of the Swiss Parliament and President of the Swiss Advertising Federation, which summarises admirably what has been said in this section on the two principles referred to in its title: "The*Swiss Parliament'and the Gevernment recommended the people of this country to reject'. the postulated ban on icivertising. Our people followed this advice and I consider this to be a wise decision. Once again the Swiss people have declared themselves as being in favour of self-responsibility and freedom for the individual, and at the same time in favour of the right of the people to seek and obtain information through the advertising media. They have therefore. in accordance with their tradition, spoken out against state interference in those matters where such interference is neither effective nor appropriate." C=) Co 00 BATCo industries for Province of British ColuMbia 27 October 1999 M/10 4. Censorship,_~hr2uKh advertising bans, restricts competition and inflicts economic dam e Advertising bans deprive society, individuals and companies, of benefits which they stand to enjoy under a relatively -free and unrestricted.economic system. A system of many tobacco brands competing vigorously through advertising does bring with it distinct benefits. These all stem from the fact that a manufacturer, who is free to advertise, will always be energised by the possibility of winning more market share by developing new, more acceptable product types, to suit current tastes, preferences and income levels, which he can bring through advertising to the attention of the consumer. Without advertising, however, there is li'ttle or no incentive for the manufacturer to invest in any product innovation. The. opponents of smoking: who advocate advertising bans, seem coaveniently to forget this when they favour the swing to filter cigarettes and advocate even greater reduction in deliveries of 'tar' and nicotine. They ignore the fact that brands of these types derived from product innovation in response to changing consumor preferences, and that advertising for these new products enabled consumers to become aware of them. From this awareness grew a trend towards these types to CD which manufacturers have responded around the world. CO CO Zt. CC) BATCo industries for Province of British Columbia 27 October 1999 Nit 11 But such a trend, seen by many consumers to be beneficial to them, has to date made little progress in the countries of the Cor,nunist Eastern Bloc, where all advertising is banned. In those countries the filter penetration in 1980 of the market was estimated to average 43%, compared with an equivalent figure of 86% in the "Free World". In the same countries low delivery cigarettes - 15 mg of 'tar' or below - have an insignificant share of the market, whereas already such products account for over 20% of consumption in the whole "Free World". To take two notable examples, in the U.S.A. the figure is 48% to 50% and in West Germany it is nearer 70%. A further benefit, which advertising bans eliminate, is the cost-lowering effect of advertising. As a Netherlands study conducted by tl~e Steering Group of the Dutch Advertising Association pointed out:- "In all, advertising has a cost lowering effect, which, if competition is adequate. is passed on to the consumer as a price advantage. Advertising forces companies to make competitive offers which the consumer can verify. Advertising therefore acts both on lowering prices and increasing quality." In short, competition provides the incentive; advertising provides the means; consumers derive the benefits. Take out advertising, and both incentive and benefits disappear. 00 CO BATCO industries for Province of British Columbia 27 October 1999 M/ 12 5. Ci.Uarette advertising has not created and does not create a climate of acceptability for smoking Smoking is seen as acceptable for. two primary reasons. Firstly, is is part of the established social fabric and people have been smoking for centuries, since long before advertising began. Secondly, smoking products are widely and legaily offered for sale. Limiting or banning advertising would not change either of those facts and only anti-smoking zealots would suggest that smokers should be ostracised or that smoking should be made illegal. Smoking is acceptable because it has been accepted by many individuals as an enjoyable activity Tobacco advertising is a result, not a cause, of that acceptance. 6. Advertising does not manipulate the consumer Critics of advertising, including the opponents of smoking, often view it as a manipulative force, used by advertisers to create consumer wants. This is incorrect, h6wever, as the' decision-making power lies not with the advertiser but with the consumer. Consumer purchasing choices are decisions purposefully made by the individual, rather than involuntary responses to a manipulative force. C=) Those who believe advertising to be manipulative take a rather 1~0 r-O unflatterin- view of the consumer as being weak-%-:illed and ___J without a mind of his own.. The well-known United States Social C:) BATCo industries for Province of British COIUMbia 27 October 1999 NI/ 13 Observer and newspaper columnist, George Will, suggests that this view is maintained by "those intellectuals who regard the masses as sheep and themselves as shepherds." Consumers are not sheep, as some researchers have reminded advertisers. For example in his book "The Intellectual and the Market Place" Professor Georg Stigler contended:- "The advertising industry has no sovereign power to bend men's will - we are not children who blindly follow the last announcer's instructions to rush to the store for soap. Moreover, advertising itself is a completely neutral instrument, and lends itself to the dissemination of highl y contradictory desires." Advertising is not therefore a manipulative force. as evidenced by the views of experts quoted above, which are supported by many other distinguished writers in this field. Septeribe.r, 1982 CZ) 1--0 BATCO industries for Province of British Columbia 27 October 1999