[Congressional Record Volume 144, Number 30 (Wednesday, March 18, 1998)]
[Extensions of Remarks]
[Page E406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




THE INTRODUCTION OF LEGISLATION TO BAN PAID ``PRODUCT PLACEMENTS'' FOR 
                  TOBACCO PRODUCTS IN MOTION PICTURES

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                            HON. BILL LUTHER

                              of minnesota

                    in the house of representatives

                       Wednesday, March 18, 1998

  Mr. LUTHER. Mr. Speaker, on March 12, 1998, I introduced H.R. 3457, 
legislation that would ban paid ``product placements'' of tobacco 
products in motion pictures.
  Last year a young constituent of mine, Alicia Sarrazin from Hastings, 
Minnesota wrote to me asking that Congress do something to halt the 
glamorization of smoking in motion pictures. This 14-year-old girl 
argued that it wasn't just Joe Camel who was appealing to kids to start 
smoking but youthful performers like Wynona Ryder and Leonardo DiCaprio 
who use tobacco products so prominently in their motion pictures.
  Alicia's letter resulted in my introduction of H. Con. Res. 184, a 
concurrent resolution calling on the motion picture industry to 
voluntarily refrain from glamorizing the use of tobacco in their 
productions. Since the introduction of H. Con. Res. 184, I've concluded 
that Congress can do more to stop the positive portrayal of tobacco 
products in entertainment productions by removing the financial 
incentive to do so.
  Last year brand name cigarettes and their packaging were prominently 
featured in such major motion pictures as My Best Friend's Wedding and 
Men in Black. The motion picture industry is not required to disclose 
any paid product placement arrangements they've made with tobacco 
companies but there is evidence suggesting that significant sums are 
involved. One memo I have seen describes $500,000 to be paid to a 
single performer to use a specific brand of tobacco products ``in no 
less than five feature films.''
  The motion picture industry claims that the use of these paid 
placements has decreased recently and that there is a voluntary 
agreement among producers to refrain from making these kinds of 
financial arrangements. My hope is that this legislation will, at a 
minimum, encourage a more open discussion of this practice within the 
industry and bring more information about these paid placements to 
light.
  I think that at this point there is no question that motion pictures 
and television do send a message to our youth and we need to do 
everything we can to make sure our children are not unnecessarily 
encouraged to smoke by the characters they see onscreen.
  A ban on tobacco product placements was just one small segment of the 
marketing restrictions agreed upon in the 1997 proposed settlement 
between tobacco industry attorneys and 40 of the State attorneys 
general involved in this issue. As Congress continues to work this year 
toward comprehensive tobacco legislation, I think a ban on tobacco 
product placements is an important part of the discussion and must not 
be overlooked. Introducing a tobacco product placement ban in this 
fashion, as separate, stand-alone legislation, is meant to ensure we do 
not forget this proposal in the midst of the many other important 
issues we will likely be examining this year.
  The legislation I am introducing today is quite simple and was 
precisely drafted to avoid infringing First Amendment rights or the 
creative processes of filmmaking. This legislation prohibits anyone 
from entering a paid contract to show tobacco products in a motion 
picture. My intention with this legislation is to take away the 
financial incentive for promotional appearances of tobacco.
  Mr. Speaker, as we continue to work toward a comprehensive tobacco 
bill, I urge each of my colleagues to recognize the importance of 
combating popular culture encouragements to smoke, and I urge all 
Members of the House to join me in supporting this legislation.




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