321 



78 



initlgatt th« rl$k$ of the diseases about which consumers are concerned. 

 In U.S. V. Article... Sudden Change (supra) 409 F. 2d at 742, the Court 

 stated that "...the question of whether a product is "intended to affect 

 the structure of the body of nan...." is to be answcreil by considering, 

 first, how the claim might be understood by the "ignorant, unthinking or 

 credulous* consumer and second whether the claim as so understood may 

 fairly be said to constitute a representation that the product win 

 affect the structure of the body in some medical or drug-like fashion, 

 i.e.. In some way other than merely "altering the appearance.* The 

 public has been and is consistently bombarded with such mtssagcs as: 



"A lot of cigarettes have filters. Only True has this tar 

 and nicotine reduction system so unique It's patented by 

 the U.S. Government. True Is lowest In both tar and 

 -nicotine of the 20 best-selTIng brands. Lower, ln fact, 

 than 99S of all other cigarettes sold. Think about It. 

 Doesn't It all add up to True?" (TRUE, 4/19/71 Sports 

 Illustrated) 



"Instead of tellng us not to smoke maybe they should tell 

 us what to smoke.... Since the cigarette critics are 

 concerned about high 'tar' and nicotine, we would like to 

 offer a constructive proposal.... For instance, perhaps 

 they ought to rccoaaend that the American public smoke 

 Vantagt cigirettes." (VANTAGE, 1/8/73 TIME) 



*6«s In cl9«rttte smoke may be a bigger problem than tar 

 and nicot1n«....0nly Lark has a Gas-Trap filter. Lark's 

 unique S«$-Trap filter reduces certain harsh gases by 

 nearly twice as much as any other popular brand." (LARK, 

 7/12/68 TIME ) 



•A closer look reveals who's lowest. Now is still lowest 

 by U.S. Government testing methods." (NOW, April 1988 

 WASHINTONIAM) 



-Carlton It's Lowest. And It's got the taste that's 

 right for me. U.S. Government test method confirms 17 



