Section II 
advertise a cigarette, and, if it is not advertised, there is no option for any 
kind of brand-yield information or any kind of FTC method. I think one 
might see the linking of consumer information solely to advertising as a 
loophole in the system. 1 would encourage the panel to ask the FTC to try to 
provide some estimate of what percentage of brands are not advertised at all. 
DR. FREEMAN: Mr. Peeler, can you address that question? 
MR. PEELER: As 1 said earlier, we do not have that information today. 
We could certainly get that for the panel, if the panel would like it. 
DR. FREEMAN: Are there a significant number of brands that are out in the 
market but are not being advertised? 
MR. PEELER: There has been a very large increase in the number of brands 
that we have been reporting because of the increased number of generic 
brands, which are frequently not advertised. 
DR. FREEMAN: And is it true that the FTC does not require that those brands 
undergo the same analysis? 
MR. PEELER: Again, we have to go back to the beginning. The disclosure of 
tar and nicotine is provided for under the FTC's general authority to regulate 
advertising and to require substantiation of claims in advertising. At one 
point there was an FTC proposal to require the disclosure of tar and nicotine 
content in all cigarette advertising. Cigarette labeling is largely regulated 
by separate Federal statute called the Federal Cigarette Labeling Act. The 
rulemaking was suspended when the cigarette industry voluntarily agreed to 
put this information in all their cigarette advertising. So that is the current 
status of disclosure. Many companies do put that information on their 
packs, particularly with respect to their lower yield cigarettes. 1 do not 
have an estimate of how many packs that is. 
DR. FREEMAN: Then it is conceivable that there could be cigarettes sold that 
do not have this labeling? 
MR. PEELER: 1 believe it is likely that there are many cigarettes, particularly 
generics, that do not have these labels. 
DR. FREEMAN: 1 think that is a very significant point. If the FTC does not 
regulate that, who does? 
MR. PEELER: The content of the cigarette label is largely regulated by the 
Federal Cigarette Labeling Act, which is a Federal statute that requires a 
certain number of disclosures, for example, the Surgeon General's disclosure, 
and then basically says that, for other statements relating to smoking and 
health, only Congress can impose those additional statements. 
DR. FREEMAN: Thank you. Dr. Hughes? 
DR. HUGHES: 1 think we have a model with the recent food pyramid. That 
labeling change was accompanied by a massive educational campaign, and 
1 do not know who did that, but it seems to me that we need a similar effort 
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