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Home / Archives for Legal

Legal

Healthy Cigars and Pipes – img1501

May 19, 2021 by sutobacco

“Healthy” cigars and pipes were blatantly advertised well into the first half of the 20th century alongside their cigarette counterparts. Many of these advertisements claimed that if the consumer smoked the pipe or cigar in question, he would live longer or be healthier. A turn-of-the-century pipe, “the Harmless Smoker,” was advertised under the slogan, “Don’t Kill Yourself Smoking – Use the Harmless Smoker.” As late as 1931, Thompson’s Mell-O-Well Cigars claimed that physicians referred to their brand as “a health cigar.”

It is important to note that the tobacco smoke in pipes and cigars has a much higher alkalinity (with a pH of about 8.5) when compared to that of cigarettes (with a pH of about 5.3). The higher the smoke’s alkalinity, the more difficult it is for a smoker to inhale, as the smoke becomes too irritating, causing the lungs to reject the smoke. However, this does not mean that pipes or cigars are safe. In fact, studies have revealed a high rate of mouth cancer – especially cancer of the lip – associated with pipe smoking. Studies have also shown that cigars pose a higher amount of secondhand smoke exposure than cigarettes because they contain more tobacco that burns for a longer period of time. Today, hookah, a water pipe also known as shisha, is finding increasing popularity among youth as a “safe alternative” to smoking cigarettes – a misconception. Smoking hookah is strongly linked to oral and lung cancer, heart disease, and other tobacco-related illnesses, and studies have shown that more carbon monoxide is inhaled through hookah than through cigarettes.

Healthy Cigars and Pipes – img1509

May 19, 2021 by sutobacco

“Healthy” cigars and pipes were blatantly advertised well into the first half of the 20th century alongside their cigarette counterparts. Many of these advertisements claimed that if the consumer smoked the pipe or cigar in question, he would live longer or be healthier. A turn-of-the-century pipe, “the Harmless Smoker,” was advertised under the slogan, “Don’t Kill Yourself Smoking – Use the Harmless Smoker.” As late as 1931, Thompson’s Mell-O-Well Cigars claimed that physicians referred to their brand as “a health cigar.”

It is important to note that the tobacco smoke in pipes and cigars has a much higher alkalinity (with a pH of about 8.5) when compared to that of cigarettes (with a pH of about 5.3). The higher the smoke’s alkalinity, the more difficult it is for a smoker to inhale, as the smoke becomes too irritating, causing the lungs to reject the smoke. However, this does not mean that pipes or cigars are safe. In fact, studies have revealed a high rate of mouth cancer – especially cancer of the lip – associated with pipe smoking. Studies have also shown that cigars pose a higher amount of secondhand smoke exposure than cigarettes because they contain more tobacco that burns for a longer period of time. Today, hookah, a water pipe also known as shisha, is finding increasing popularity among youth as a “safe alternative” to smoking cigarettes – a misconception. Smoking hookah is strongly linked to oral and lung cancer, heart disease, and other tobacco-related illnesses, and studies have shown that more carbon monoxide is inhaled through hookah than through cigarettes.

Famous Voices – img2700

April 11, 2021 by sutobacco

In the 1920s, tobacco companies began enlisting hundreds of celebrities to endorse their products. In these advertisements, movie stars, famous singers, athletes, and even socialites graced the pages of popular magazines, editorials, and newspapers printed across the country. The 1920s and 1930s were the heyday of celebrity endorsement, with celebrities hawking everything from cigarettes to soap, from pantyhose to cars. However, it seems that no company was as prolific in its celebrity ad copy as Lucky Strike.

Famous voices – ranging from radio commentators and broadcast journalists to singers and actors – were vital components of celebrity testimonial campaigns for cigarette companies; the emphasis on healthy, clear voices in the singers’ line of work was an ideal avenue for portraying cigarettes as healthful, rather than harmful. The concept was that if a famous voice entrusted his source of revenue to a cigarette brand, then the brand must not be so bad! “If it’s good enough for Arthur Godfrey, it’s good enough for me,” a consumer might decide. It is ironic, of course, that these ads also worked to reveal the possible side effects of smoking by providing a problem (irritated throats, for example) and a solution (smoke our brand). Still, this “problem-solution” advertising was very popular at the time, and worked to position one brand as the exception to the problem rule or as the least problematic of all cigarette brands. It also worked to mask more serious health side effects by trivializing problems.

Stars were also used to attract a younger crowd. Stars were glamorous and represented a walk of life attractive to consumers who were already invested in tabloids and the lives of the show business elite. It wasn’t until 1964 that tobacco companies were banned from using testimonials from athletes, entertainers, and other famous personalities who might be appealing to consumers under 21 years of age.

Kool Your Throat – img1760

May 19, 2021 by sutobacco

In 1933, Brown & Williamson Tobacco Company released Kools as its answer to the mentholated cigarette. Menthol cigarettes were introduced in the 1930s as specialty cigarettes to be smoked on occasion, aside from a smoker’s regular, unmentholated cigarette. Because menthol is a mint extract which triggers a sensation of coolness when it comes in contact with the mouth and throat, advertisers often touted menthols’ coolness as a contrast to the hotness of ordinary tobacco smoke. Implicit in this advertising technique are the harmful effects of smoking, sometimes referred to as “smoker’s hack” in Kools ads.

Instead of advising smokers to quit, however, these early ads for Kools from the 1930s to 1950s urged smokers to switch to a menthol brand to ease throat irritation. Early slogans for Kools covered by this theme include “Your throat will not get dry” (1933), “Throat comfort” (1934), and “In between others, rest your throat with KOOLS” (1938-1940). By 1940, the slogan was “Switch from Hots to Kools,” and in 1951 and 1952, a Sunday comics campaign was released. Across the board, the message was the same – Kools were soothing, comfortable, and relaxing.

Kools’ penguin mascot was used from the first days of the brand’s release. His cartoonish appearance, like Joe Camel’s, makes him an attractive figure to kids and young adults. The penguin was named Willie in 1947 to increase sales which had fallen after the war. However, Kools were still seen as a specialty product at the time, appealing only to those smokers hoping to avoid throat dryness or the irritating effects of their regular smokes. It wasn’t until the late 1950s, when Salem entered the scene as the first menthol filter in 1956, that menthols began to make up a large part of the market share. Government surveys in 2011 revealed that menthol cigarettes dominate 30% of the overall market, and over 80% of black smokers prefer menthol as opposed to 22% of non-Hispanic white smokers (1).

1. Wilson, Duff. “Advisory Panel urges F.D.A. to re-examine menthol in cigarettes.” The New York Times. 18 March 2011. .

Celebrity Vapors – img22916

June 2, 2021 by sutobacco

The growing popularity of e-cigarettes has led its manufacturers to leave no stone unturned in marketing to consumers. Taking a page out of the tobacco advertising playbook used in the mid 20th century, e-cigarette (e-cig) manufacturers are using celebrity endorsements to drum up enthusiasm for their products and hook teenagers. With celebrities endorsing e-cigs, billed as the “healthier alternative to traditional cigarettes,” smoking or in this case vaping of e-cigs has become a fashion statement once again.

As there are no marketing restrictions on e-cigs, slick television ads of celebrities puffing away on their personal vaporizers frequently bombard the airwaves. In Blu’s campaign, Stephen Dorff and Jenny McCarthy urge people to take back their independence with the slogan “Rise from the Ashes.” The Blu ads featuring Dorff are so popular that he has become synonymous with the brand. In a recent interview, he said that people come up to him all the time and ask about the Blu e-cigarette. “I’m like the Blu man group,” Dorff said in the interview. In the ad featuring McCarthy, black and white shots of her exhaling smoke, highlight the blue tip of Blu e-cigs and make the entire experience look cool. In the ad, she goes on to say the best part of her e-cigarette is that she can use it ‘‘without scaring that special someone away’’ and can avoid kisses that ‘‘taste like an ashtray’’ when she’s out at her favorite club. Ads for e-cig manufacturer NJOY feature rocker Courtney Love, in an expletive-laced ad, in which supporters of indoor smoking bans are portrayed as “stuffy” and “stuck-up,” while
the rocker is portrayed as free-spirited and independent. e-cig companies have even photoshopped yesteryear celebrities such as Marilyn Monroe, James Dean, John Lennon using their products in ads.

Apart from direct endorsements by celebrities, there have also been subtle attempts by celebrities to promote e-cigs in movies and television shows. In an appearance on the David Letterman show, Katherine Heigl was seen vaping a Smokestik and proclaiming that she was addicted to the product, but it “wasn’t bad for you”. When CBS’s Two Broke Girls accosted their new, noisy upstairs neighbor, they were greeted at the door by Jennifer Coolidge with an e-cig in hand. Sean Penn was seen vaping an Njoy while talking about his work at Haiti at the Clinton Global Initiative.

Much like big tobacco in the past, e-cig companies are exploiting their association with Hollywood. e-cig manufacturers waste no opportunity in posting pictures of celebrities and films that use their products through their social media channels and websites. For instance, Blu e-cig’s Facebook page has a picture of Leonardo DiCaprio smoking what they claim is a Blu e-cig while filming Django Unchained. Blu e-cig’s website asks its customers to take a look at a film called “Plurality” because of the use of their e-cig in the film and provide a web link to the film’s trailer as well as a synopsis.

The insidious practice by big tobacco companies to use celebrity endorsements and testimonials for hawking their products was the norm during the 1920s to 1960s. The practice ended only in 1964 when the FDA banned it.

1. Eliott, S. (2013, August 29). E-Cigarette Makers’ Ads Echo Tobacco’s Heyday. New York Times.
Available at http://www.nytimes.com/2013/08/30/business/media/e-cigarette-makers-ads-
echo-tobaccos-heyday.html.

2. Johnson, G.A. (2013, October 16). Stephen Dorff: Actor a hot commodity in ads, films. San
Francisco Chronicle. Available at http://www.sfgate.com/movies/article/Stephen-Dorff-Actor-a-
hot-commodity-in-ads-films-4901477.php

Guard Your Throat – img2655

April 11, 2021 by sutobacco

When the general public began to grow more concerned about the ill effects of smoking in the first half of the twentieth century, the tobacco industry worked intensively on its advertising copy in order to reassure smokers as to the healthfulness and safety of cigarettes. The audacity of the industry was such that industry powerhouses weren’t satisfied with simply denying health concerns. Instead, they actually claimed health benefits. Brand X, Y, or Z claimed its cigarettes were “good for the throat,” provided “extra protection,” or could be smoked as a “prevention” against throat illness. Across the board, tobacco brands touted these ludicrous, false health claims.

The primary health concerns presented in the advertisements in the first half of the twentieth century revolved around non-fatal conditions like coughing and throat irritation. This approach served to lessen any fear regarding serious health concerns by choosing to instead concentrate on the less frightening side effects of smoking. For these ads, Big Tobacco employed an advertising technique known as “problem-solution” advertising; the advertisement provides the problem (coughing due to smoking, for example), as well as the solution (smoke brand X). Of course, the “solution” is deceptive, and many companies were ordered by the Federal Trade Commission (FTC) to discontinue printing certain advertisements. However, it wasn’t until 1938 that the Federal Trade Commission (FTC) was officially granted the power to regulate advertising that was “unfair or deceptive” to consumers. Before that time, the FTC regulated advertisements insofar as they would harm competitors rather than consumers . The 1940s and 1950s saw great strides in regulation on health claims, but it also saw quick-witted tobacco companies able to alter a word here or there in order to avoid regulation. Tobacco companies claimed throat protection well into the 1950s.

Switch When Sick – img1737

May 19, 2021 by sutobacco

Menthol cigarettes were introduced in the 1930s as special-purpose cigarettes. Menthol is a mint extract which triggers a sensation of coolness when it comes in contact with the mouth and throat. Advertisers for these brands often touted menthols’ coolness as a contrast to the hotness of ordinary tobacco smoke. Implicit in this advertising technique are the harmful effects of smoking, sometimes referred to as “smoker’s hack” in Kools ads or “smoker’s cough” in Spuds ads. Instead of advising smokers to quit, however, these early ads for Spuds and Kools from the 1930s and 1940s urged smokers to switch to a menthol brand when sick or suffering from the ill effects of smoking. While menthol cigarettes are not actually cures for sore throats or the common cold, the menthol additive does act to temporarily reduce the irritating properties of nicotine and other cigarette byproducts inhaled through cigarette smoke, providing a smoker with the illusion that menthols contain curative powers (1). Indeed, the history of the invention of menthol cigarettes finds its roots in sore throat treatments: When Lloyd “Spud” Hughes stored his cigarettes in the tin already containing the menthol crystals meant to cure his sore throat, he stumbled upon a tobacco recipe which struck him rich – and which still makes the industry millions of dollars to this day – mentholated cigarettes.

After his chance discovery in the 1920s, Hughes began marketing his mentholated cigarettes as “Spuds” and patented the process of treating tobacco with menthol in 1925. In the summer of 1926, the Axton-Fisher Tobacco Company began manufacturing Spuds for Hughes. Some of these early menthol advertisements list the following 5 reasons, among others, to switch to Spuds: “when your throat is dry,” “when you have a cold,” “when your taste craves a change,” “when your voice is hoarse,” and, most tellingly, “when you develop smoker’s cough.” These ads presented menthols as a medicinal cigarette to smoke when sick, or as a cigarette to smoke when others were too harsh. In 1933, when Brown & Williamson Tobacco Company released Kools as its answer to the mentholated cigarette, ads urged smokers to “switch from Hots to Kools” (1940) or “in between others, smoke Kools” (1938-1940). However, unlike Spuds, Kools was marketed as a cigarette to stick to “all the time” in the hopes of increasing market share. The ads in this theme represent the beginning of the menthol empire. Today, tobacco companies market menthols as cigarettes to smoke daily, rather than as occasional-use cigarettes as in their original release; Government surveys in 2011 revealed that menthol cigarettes dominate 30% of the overall market, and over 80% of black smokers prefer menthol as opposed to 22% of non-Hispanic white smokers (2).

1. Benowitz, N. and Samet, J. “The Threat of Menthol Cigarettes to U.S. Public Health.” The New England Journal of Medicine. 2011.

2. Wilson, Duff. “Advisory Panel urges F.D.A. to re-examine menthol in cigarettes.” The New York Times. 18 March 2011. .

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