Tobacco Warning

* Your editorial of Nov. 28, “Dose of Stark Reality,” supporting the labeling provisions of Rep. Henry Waxman’s (D-Los Angeles) recently introduced tobacco control legislation deserves praise from the public health community. However, The Times is incorrect when it says that prohibiting sponsorship of sporting events by tobacco companies and requiring that T-shirts and other promotional materials carry a warning label would not “survive a court test.”

The Times may have been influenced by the propaganda of the tobacco industry, which claims that because tobacco is legal, it is entitled to full First Amendment protections. In fact, the application of warning labels to T-shirts and other promotional items is already required by law for smokeless tobacco products.

A series of Supreme Court cases have consistently affirmed that restriction of commercial speech (as opposed to political and individual speech) is clearly constitutional when certain tests are met. It is and has been a major governmental and private sector objective to reduce the incidence of disease and death caused by tobacco use in this country. While some progress has been made through public education campaigns and restrictions on smoking in public places, the reality remains that after 30 years tobacco use continues to be this nation’s single most preventable cause of death, killing 420,000 Americans each year. Waxman’s legislation is good, sound public health policy which should be complemented even further by strong restrictions on the content of tobacco advertising and promotions. Such authorities clearly are supported under the commerce clause of the Constitution, which our forefathers saw as being essential to protecting the health and welfare of the American public.

SCOTT BALLIN, Chairman

Coalition on Smoking OR Health

Washington

* Nonsmokers like Esther Schiller (letter, Nov. 28) have to understand that some people like to smoke in restaurants. The Los Angeles ordinance does not take into consideration ventilation. A properly installed ventilation system will not expose anyone to secondary smoke. The engineering is quite simple, but secondary-smoke hysteria is so widespread that simple solutions are overlooked.

R.M. WOLFF

Newport Beach