353 



- 10- 



consuming public." FTC Cigarette Advertising Guides . 4 Trade Reg. Rep. (CCH) 1 

 39,012.70, p. 41,603. 



We note, in this connection, that comparable statements and characterizations 

 about food products are not regulable as "health claims" by FDA. FDA regulates such 

 descriptive terms in food labeling -- e.g., "light," "low fat" and "reduced fat" -- only as 

 needed to resolve problems of inconsistent usage. See FD&C Act, § 403(r)(l), 21 

 U.S.C. 343(r)(l); NLEA § 3(b)(l)(A)(iii), P.L. 101-535, 104 Stat. 2353, 2361. 



Preemption. H.R. 2147 would repeal the provision of the Federal Cigarette 

 Labeling and Advertising Act, 15 U.S.C. 1334(b), that prohibits the states from 

 regulating cigarette advertising and promotion based on smoking and health. It is 

 widely recognized that repeal of this provision would generate inconsistent state and 

 local requirements, or even outright bans. For this reason, among others, calls to 

 repeal preemption have been opposed by groups as diverse as the American Civil 

 Liberties Union, Washington Legal Foundation, Freedom To Advertise Coalition, 

 Association of National Advertisers, American Advertising Federation and American 

 Association of Advertising Agencies. 



Subjecting a nationally marketed product like cigarettes to a maze of potentially 

 conflicting, non-uniform advertising and labeling regulations would undermine deci- 

 sions that Congress has made over the years concerning cigarette advertising and 

 labeling, would cause confusion among consumers and would involve nearly 

 insuperable practical problems for cigarettes manufacturers. It seems to us no 



