Broadcasting (Jan - Dec 1935)

AAA A Favors Copeland Bill; Asks Exemption for ^Puffing" Proponents of Bill Unable to Agree on What Agency Should Be Charged With Carrying Out Provisions HEARINGS by a House subcommittee on the Copeland bill (S. 5) to regulate advertising and labeling of foods, drugs and cosmetics, which started July 22, have dealt mainly with controvery over what federal agency or agencies would be charged with its enforcement. As the hearings went into the second week many legislative observers were of the opinion that the bill will go to the House by mid-August in substantially the form approved by the Senate. Also involved in the subcommittee sessions are the Sirovich bill (HR8805) and the Mead bill (HR6906) sponsored by the Proprietary Association. Main discussion has centered around the Copeland bill. John A. Benson, president of the AAAA, said at the July 29 session that he considered the Copeland measure a "good bill", protecting consumers and honest advertisers and not unduly handicaping legitimate business if properly administered. He suggested an amendment to exempt trade claims or "puffing" from penalty provisions. Bureaucratic administration of the bill could cause hardship to advertisers, agencies and media, he suggested, since some emotion appeal is needed or advertising would be lifeless. Too strict enforcement could be damaging, Mr. Benson explained, as for example the extension of all label regulations to advertising. The bulk of opinion among agencies is in favor of enforcement by the F&DA, although he said there was sentiment in favor of the FTC. Charles Coolidge Parlin, of the National Publishers Association, favored the bill without amendments, as did Clarence Clap, speaking for the National Editorial Association. Representative Rayburn (D) of Texas, chairman of the full House Committee on Interstate and Foreign Commerce, has indicated that he will make every effort to have the bill placed on the House calendar in August, where its fate depends on the status of other legislation and the length of time Congress remains in session. Although the Copeland bill has administration support, other legislation deemed more important may receive preference, with a possibility that the Copeland bill will go over to next year. Urges Amendments THE FIRST WEEK of hearings was taken up by a half dozen witnesses in favor of food, drug and cosmetics legislation and one opponent. Main witness was Dr. Walter G. Campbell, chief of the Food & Drug Administration, who favors the Copeland bill with some changes designed to make it more rigid. Proponents of the measure resumed testimony July 29 and about a score of witnesses who wish it amended were to follow. Last to be heard will be those who oppose any change in existing law, with a half dozen being scheduled. What may prove a complicating factor is the demand by Dr. Norman Burritt, of the Medical Society of New Jersey, for an investigation of enforcement of the present law. If his request is adopted by the subcommittee, considerable delay in presenting the bill to the House may result as an inquiry could consume several weeks. Opposition to the Copeland bill, from which the Senate extracted many teeth, has dwindled considerably, with many trade associations favoring its passage outright and others fearing that controversy might lead to a much stronger measure. The Sirovich bill would place enforcement in the Patent Office, Federal Trade Commission and Food & Drug Administration, with label, advertising and quality provisions being distributed among these three agencies. Suggestion was advanced in some quarters that enforcement of the Copeland bill be placed in the Public Health Service, which has several hundred doctors on its staff as compared with four or five in the F&DA. The Trade Commission has protested efforts to remove from it the supervision of advertising. Dr. Campbell told the subcommittee at the opening hearing July 22 that the present law is inadequate as regards standards and penalties. Higher standards are needed, particularly for food products, he said, adding that standards for drugs are fairly well taken care of in the United States Pharmacopoeia and that problem is not so serious. A modernized law is required for cosmetics, he explained, because their use has increased so vastly since the present act was passed in 1906. He pointed out that label regulation was the only method of preventing inclusion of excess water in food products. He advocated passage of the Copeland bill with amendments. One of these is designed to prevent advertising by local retailers of products introduced into or received in interstate channels, without liability under the Copeland bill. This clause had been amended in the Senate to remove discrimi MATCHING their familiar slogan with suitable weather conditions, the Morton Salt Co., Chicago, has gone on the air over WBBM, Chicago, with a series of spot announcements broadcast at 15-minute intervals during the baseball period on such days as the game has been rained out. These announcements point out that rain prevents ball games and makes ordinary salt stick in the salt shaker but that the latter contingency can be easily avoided by the use of Morton salt (when it rains Catches a Record Tarpon IT TOOK Lambdin Kay, the "Little Colonel" of WSB, Atlanta, nearly two hours to land this 6foot tarpon weighing 117 pounds — taller and heavier than himself —off Dayton Beach, Fla., July 27. The Silver King was the largest fish caught there this season, and is being mounted by the local chamber of commerce for display in the WSB reception room. The day before catching this big fish, the diminutive broadcaster also caught a shark bigger than himself. nation against radio. He suggested a change in wording to prevent manufacturers from using retailers as a cloak to obtain immunity from false advertising penalties. To prevent duplication in federal enforcement, Dr. Campbell favored transfer of authority over advertising from the Federal Trade Commission to the Department of Agriculture. Rather than have dual responsibility, he would prefer to see all authority transferred to the FTC. Another change in the Copeland bill which Dr. Campbell advocated would broaden the authority given the Secretary of Agriculture to make multiple seizures without court orders. He said Secretary Wallace favors the Copeland bill. The seizure clause is opposed by some proprietary interests because it pours). To test the audience reached by early announcements the sponsor offered a booklet "100 Ways to Predict Rain" free to listeners writing in. The response was so great that an extension of these announcements to other cities is planned for next year. The Morton Salt announcements are placed through Blackett-Sample-Hummert Inc., Chicago, which agency also places the baseball broadcasts for General Mills (Wheaties) over the same station. it permits multiple seizures where I labeling or advertising is "gross-! ly deceptive". They construe thisj term as too broad, providing arbi-i trary powers. Dr. Burritt said the present law is adequate; that the Copeland bil' gives the Secretary of Agriculture too much power; that present difficulties are due to failure to enforce laws now on the books. Representative Kenney, of the subcommittee, said that if food products were maintained at fixed legal standards, more farm prod1 ucts would be used and there would be less "water" and less talk of overproduction. His statement that the FTC had been successful in obtaining newspaper cooperation in I eliminating objectionable advertis-' ing was answered by Dr. Campbell, who said that the decline in false advertising had largely been theJ result of public opinion. William P. Jacobs, vice president! of the Institute of Medicine Manu-, facturers, said the Copeland bill' would set up an elaborate bureaucratic regulation and would lead to lengthy litigation and legal tests and State legislation. He said it contains no provision to curb FTC authority, thus continuing dual control with its expensive conflicts and uncertainties. Another objection he made was that the Department of Agriculture will be able to stop all advertising of concerns involved by means of injunctions. Efficiency of the Label DR. ROBERT P. FISCHELIS, president of the Pharmaceutical Association, asked stronger provisions to prevent adulteration of drugs but in general favored passage of the Copeland bill. Supporting the Association was Dr. A. T. McCormack, Kentucky health commissioner, Mrs. Sara Vance Dugan, director of Kentucky's bureau enforcing food, drug and hotel legislation, and Daniel R. Forbes, counsel, National Preservers Association. Dr. McCormack said the label should show the purchaser just what he is buying because "we have now arrived at the point where the label is forgotten for the persuasive voice on the radio." Members of the House subcommittee are: Democrats, Chapman, Ky., chairman; Cole, Md. ; Kenney, N. J.; Renublicans, Wolf enden, Pa.; Reece, Tenn. Syrup of Figs Discs STERLING PRODUCTS Inc., New York (California Syrup of Figs) is formulating a transcription campaign to include a large number of stations, starting Sept. 9. The 15 minute programs are to be broadcast four days a week. Yearly contracts are being signed. Stack Goble Adv. Agency, New York is the agency. Life Savers Return LIFE SAVERS Inc., Rochester, N. Y. (mints) will start a new musical program selected among auditions submitted by 16 agencies on 26 NBC-WJZ stations, starting Wednesday, Sept. 18, 8-8:30 p. m. The sponsor's radio series, which will embrace additional supplementary stations as they clear time, will consume the bulk of its advertising appropriation this fall. Topping & Lloyd Inc., New York, handles the account. MORTON SPOTS WHEN IT RAINS Salt Company Uses Announcements on WBBM, Chicago, On Days Ball Games Are Rained Out Page 8 BROADCASTING • August 1, 1935