Broadcasting (July - Dec 1942)

Lucky Strike, Pall Mall Replies Deny FTC Advertising Charges Fovir Cigarette Cases Await Hearings as Tobacco Firms Stand by Promotion Claims Major COMPLAINTS of the Federal Trade Commission against four major tobacco firms for alleged misleading advertising, were ready for hearing following filing of the answers Oct. 26 of American Tobacco Co. (Lucky Strikes), and its subsidiary, American Cigarette & Cigar Co. (Pall Malls). All four companies have now denied the Government's complaint, and under FTC procedure hearings must be held before further action is taken. R. J. Reynolds (Camels) and Philip Morris filed their answers Sept. 29 and Oct. 2, respectively. Lucky Strike, in its answer, admitted making most of the claims cited by the FTC, but affirmed that to the best of its knowledge such advertising was not false or misleading. The firm also pointed out that its famous "It's Toasted" claim, one of the chief items challenged by the Government, had been studied by an FTC board of review in 1930, and that a stipulation signed at that time defined the conditions under which the slogan was used. Pall Mall Answer Pall Mall likewise signified it would defend all its advertising slogans, and in addition denied it deceived the public into believing that Pall Malls are an English cigarette. The Lucky Strike reply made no concessions to the FTC. The firm maintained, despite the Government's challenge, that its cigarettes are "toasted"; that among independent tobacco experts, buyers, auctioneers and warehousemen Lucky Strikes have twice as many exclusive smokers as all other cigarettes combined; that Luckies are not as irritating as other brands; that they offer throat protection and are easy on the throat; that Luckies offer protection from throat irritation and coughing. In three instances, however. Lucky Strike replied that its advertising had not been correctly set forth in the complaint. The exceptions questioned an FTC generalization that the advertising quoted "represented and still represents" certain claims. Lucky Strike replied that its advertising no longer implies that Luckies are less acid than other brands; that other popular brands contain 53 to 100% more acidity; that Luckies contain less nicotine than do competing brands; but that it did use substantially the first two claims in 1936 and the third in 1940. Lucky Defends Claims Lucky Strike maintained that in purchasing tobacco, the firm consistently paid higher average prices than the average of the market, and has purchased what was, in its opinion, "the lighter, the finer, the milder tobacco, the cream of the crop." The firm admitted that the better grades are not entirely consumed by Lucky Strike. But, the reply says, "while it is not the only cigarette manufacturer that purchases the better grades of tobacco, it does, on the whole purchase, for use in Lucky Strike Cigarettes, tobacco which, in its judgment, is better in quality for smoking than the tobacco purchased and used by manufacturers of competing brands." Lucky Strike closed its reply by reminding the FTC that commencing about Oct. 28, 1930, the entire subject of the "toasting" process had been studied by the Commission, and that hearings had been held and scientific information presented. After a report, the Commission declined to consider the "toasting" advertising as unfair competition, and in April, 1932 dismissed the application for a complaint, following entry of a stipulation limiting the use of medical testimonials. Pall Mall's reply defended the firm's position in advertising that the cigarette causes noticeably less finger-stain, or none at all; and that finger-stains become lighter or tend to disappear when Pall Malls are smoked. These claims, the firm said, "have been established as a scientific fact by independent research." Pall Mall denied that the coat of arms used on its containers represent the product as English or as endorsed by the royal family of England, or made in London, or that the seal in form or pattern was distinctly a British coat-of-arms. Killed in Action STANLEY KOPS, former continuity writer of KFWB, Hollywood, was killed in action during battle of Solomon Islands, according to advices received here. He joined the Marine Corps shortly after outbreak of the war. PETRIE, WEAF, WINS AmOVNCING AWARD HOWARD A. PETRIE, NBC announcer since 1930, currently on the staff of WEAF, NBC New York outlet, last week was named national winner in the 1942 H. P. Davis Memorial Announcers Awards, given annually to competing staff announcers of JL ^ NBC-owned, oper * '--^ ated and affiliated ^^L^ stations. The ^HRbadHl four sectional ^ p t • Davis awards — Mr. fetrie ^j^g each time zone — went to Lorne Greene, chief announcer of the Canadian Broadcasting Corp. at CBL, Toronto; Fred Moore, WGL, Fort Wayne; Gil Verba, KOA, Denver; Ted Meyers, KFI, Los Angeles. Presentation of the gold medal and $300 to Mr. Petrie and the signet rings and certificates to the other four winners took place Nov. 1 on a special NBC broadcast with A. L. Ashby, NBC vice-president and general counsel, making the awards. Established in 1933 by Mrs. H. P. Davis in memory of her late husband, pioneer Westinghouse executive and first board chairman of NBC, the awards are given by a board of judges headed by Marjorie Stewart, founder of the Microphone Playhouse in Pittsburgh. Selection is made on the basis of personality, diction, adaptability, voice and versatility, as evidenced by recordings made without the knowledge of the contestants during their regular assignments. J. DOUGLAS FORTUNE, industrial sales engineer of Thordarson Electric Mfg. Co., was fatally injured while piloting a plane near Chicago Oct. 17. FTC Charges Hit Ipana Advertising Toothpaste Firm, Two Agencies Are Cited for Claims CHARGING misrepresentation in the advertising of Ipana toothpaste on the air and in other media, the Federal Trade Commission Oct. 31 issued complaints against Bristol-Myers Co., New York, and Pedlar & Ryan and Young & Rubicam, agencies servicing the account. The complaint charges the three firms misrepresented the properties of the toothpaste, attacking particularly the "pink toothbrush" and "smile of beauty" slogans. "A beautiful smile or increased popularity are dependent on many factors which would not be influenced by using the product" the FTC complaint says, adding that in some cases yellow stain may be caused by tobacco and would not be whitened by use of the product. Pink Toothbrush Turning to the "pink toothbrush" ads and the supporting claims that Ipana prevents "gum trouble caused by the current American diet of soft, creamy, well-cooked foods", the FTC charges that "the product has no substantial therapeutic properties of value in the prevention of so called 'pink toothbrush gums,' and there "has been no change of diet of the American people which has been of any consequence so far as the gums are concerned, as healthy conditions of the gums is not dependent on the amount of exercise they receive in chewing food." The complaint also charges that the number of dentists using and recommending the product does not indicate the number who actually chose it because of belief in its efficiency "for the reason that the product has for many years been distributed lavishly and gratuitously among dentists." Answers must be filed in 20 days. Drawn for Broadcasting by Sid Hix "/ Wish the Senator Would Quit Shouting — He's Going to Blow the Tubes!" Spadea in Army JOE SPADEA, manager of the Chicago office of Joseph Hershey McGillvra, station representatives, has joined the Army Air Forces as a radio technician. He started training Nov. 2 at Wright Field, Dayton. A veteran in the representative field, Mr. Spadea was formerly Detroit manager of Edward Petry & Co., and previously held the same post with the Scott Howe Bowen organization. Successor to Mr. Spadea has not been named. Walter Bedell, formerly of the sales staff of WAAF, Chicago, WOW, Fort Wayne and WISN, Milwaukee, last week joined the Chicago sales staff of the McGillvra organization. Page 54 • November 2, 1942 BROADCASTING • Broadcast Advertising