Tobacco Firm Agrees to Keep Name Off TV

In an agreement that could give strong ammunition to groups seeking to end the televising of sporting events sponsored by tobacco companies, the Federal Trade Commission on Tuesday said the maker of a chewing tobacco agreed to stop displaying its name during tractor-pulling events it sponsors on cable television.

The FTC said the agreement settled charges that Pinkerton Tobacco Co., maker of Red Man chewing tobacco, violated statutes prohibiting the advertising of tobacco on TV. Under the settlement, Richmond, Va.-based Pinkerton is banned from displaying its name and logo on everything from the sides of the huge vehicles used in the contest to the flashy clothing worn by drivers.

The larger question, however, is how the action might affect the more familiar major televised sporting events sponsored by the tobacco giants, including the Virginia Slims tennis tournament and auto races such as the Marlboro Grand Prix and the Winston Cup.

The impact is unclear because two separate statutes prohibit cigarette makers and chewing tobacco firms from advertising on TV. And two different federal agencies monitor ads by the makers of chewing tobacco and cigarettes.

While the suddenly aggressive FTC enforces regulations on smokeless tobacco advertising, the Justice Department enforces regulations on cigarette tobacco ads.

A split among top bureaucrats at the Justice Department is believed to have stalled more aggressive enforcement of the regulations on cigarette advertising, sources said. But some say Tuesday’s bold FTC action may push the Justice Department to get tougher.

“This certainly opens the door for us to file similar complaints” against cigarette companies, said John F. Banzhaf III, executive director of the Washington-based anti-smoking organization Action on Smoking & Health. “If we can, we will.”

Justice Department officials declined to comment on the FTC action or to speculate on how it might affect how Justice enforces regulations on cigarette TV advertising.

Similarly, officials at Philip Morris Inc. declined to comment on the future of televising major events such as the Virginia Slims tennis tournament or the Marlboro Grand Prix.

FTC officials are keeping mum about other investigations of smokeless-tobacco companies. “All I can say is, we’re looking at the entire industry,” said Judy Wilkenfeld, assistant director of the FTC’s Division of Advertising Practices.

Executives at Pinkerton, one of the nation’s five largest smokeless-tobacco firms, declined to comment. But officials at the Washington-based Tobacco Institute seemed unfazed. “Sports sponsorships have been controversial for some time,” spokeswoman Brennan Dawson said. “But I’m not aware of any specific actions against cigarette manufacturers.”

Truck and tractor pulls sponsored by Pinkerton typically feature oversized vehicles trying to lug heavily weighted sleds across dirt tracks. The winner is the competitor who pulls the sled the farthest. At Red Man tractor pulls, the brand’s familiar Indian head logo and slogan, “America’s Best Chew,” appeared on everything from the sleds to large banners visible on television screens.

The events are typically attended by many young males who are heavy users of tobacco products.

Under the consent agreement, Pinkerton would not be allowed to have its brand name, logo or even the color of its product packaging appear on signs, vehicles or clothing visible during broadcasts.