Koop Strongly Backs Ban on Tobacco Ads

Surgeon General C. Everett Koop voiced strong personal support Friday for a proposed bill to ban all tobacco product advertising in testimony before a House subcommittee, but the Reagan Administration, saying it is “concerned about free speech,” raised legal questions about the legislation before the panel.

“If we could look forward to a smoke-free generation, we’ve got to do it by removing this advertising from young people,” Koop told the House Energy and Commerce subcommittee on health and the environment. The tobacco industry spends $2 billion on marketing and promotion each year.

“I, as an individual, support this (ban),” said Koop, who was careful to add that his opinion did not represent the official position of the Administration. He said he had “no communication with anybody in the White House at any time” regarding his views.

Ordered Not to Testify

Controversy arose last month when it was learned that White House Chief of Staff Donald T. Regan had ordered Koop not to testify at the initial hearing on the bill to ban tobacco-product advertising in newspapers, magazines and on billboards, on July 18.

Koop said his testimony was delayed because the Administration did not want him to be “mixed up with the private sector.” At the previous hearing, Koop was to have appeared on a panel with representatives of the American Medical Assn., a strong supporter of the legislation, instead of with a Justice Department official, as he did Friday.

However, in an interview after his testimony, Koop said he felt no pressure to change his prepared subcommittee statement--which strictly addressed medical and economic consequences of tobacco use--or pressure “other than ‘don’t speak’ (at the first hearing).”

Seeks ‘Smokeless Society’

In fact, Koop, who has called for a “smokeless society” by the year 2000, appeared satisfied with the publicity that his initial absence generated. “If I had $5 million, I couldn’t have done more for the cause in the past two weeks than by sitting silently, muzzled,” he said.

Deputy Assistant Atty. Gen. Douglas W. Kmiec questioned the likelihood that a total advertising ban would be upheld in court, citing concern about the “empirical uncertainty” of whether a ban would actually decrease the consumption of tobacco products.

To restrict advertising of a legal product that is neither false nor misleading, Kmiec said, government interests must be directly advanced by the ban, and the curbs must be the least restrictive possible.

Impact on Debate

He expressed concern about a “narrowly drawn” July 1 Supreme Court decision, which allowed a less restrictive ban on the advertising of legal gambling in Puerto Rico. The decision has had a direct impact on the debate over a tobacco advertising ban.

“It’s fair to say only people with crystal balls who can count noses on the Supreme Court can tell” how the court would interpret whether the government’s interest in reducing the health risks of tobacco would be directly advanced by a ban on advertising, Kmiec said.

“We are aware of a number of studies which conclude that tobacco advertising does not affect the overall level of consumption,” he said.

Might Affect Broadcast Ban

He added that the 1971 voluntary ban of tobacco product advertising on radio and television might be jeopardized if the bill were to be ruled unconstitutional. The measure would prohibit electronic, print and outdoor advertising and promotional activity.

“If the electronic media ban were passed today, the court may want to rethink it,” he said.