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Attorney General William Tong

08/07/2019

ATTORNEY GENERAL TONG JOINS BIPARTISAN COALITION OF 43 ATTORNEYS GENERAL URGING VIDEO STREAMING INDUSTRY TO PROTECT YOUNG VIEWERS FROM TOBACCO

AGs provide policy guidelines to streaming industry to combat increasing use of tobacco products by young people

(Hartford, CT) – Attorney General William Tong today joined a bipartisan coalition of 43 attorneys general, co-led by Attorney General Xavier Becerra and Nebraska Attorney General Doug Peterson, in urging the streaming industry to limit tobacco use in their video content. Due to the growing use of tobacco products amongst teens, the attorneys general urge the streaming industry to take proactive steps to protect the lives of young viewers. According to the Center for Disease Control and Prevention, the number of middle and high school students using e-cigarettes rose from 2.1 million in 2017 to 3.6 million in 2018.

"On-screen smoking and vaping is powerful, free advertising for the tobacco industry. Youth e-cigarette use in particular is skyrocketing in Connecticut and we need all hands on deck right now to combat years of insidious marketing to children. The streaming industry has an opportunity here to take proactive steps to protect the health and welfare of American youth, and I hope they will act responsibly," said Attorney General Tong.

In 2012, the U.S. Surgeon General concluded that watching movies with tobacco imagery increases the likelihood that adolescents will become smokers. In their letter, the Attorneys General urge the video streaming industry to adopt the following policies to protect young viewers from the ill effects of tobacco content:

• Eliminate or exclude tobacco imagery in all future original streamed content for young viewers, including any content rated TV-Y, TV-Y7, TV-G, TV-PG, TV-14, G, PG, and PG-13, and ensure that any promotional material such as previews, trailers, image galleries, and clips be tobacco-free. Content with tobacco imagery should be rated TV-MA or R and only recommended to adult viewers.
• Only “recommend” or designate tobacco-free content for children, adolescents, families, and general audiences.
• Improve or offer parental controls that are effective, prominent, and easy-to-use, that allow parents and guardians specifically to restrict access to all content with tobacco content, regardless of rating.
• Mitigate the negative influence of tobacco content, from whatever source and with any rating, by streaming strong anti-smoking and/or anti-vaping public service announcements, as appropriate, before all videos with tobacco content.

In 1998, Attorneys General across the nation fought to enter into the Tobacco Master Settlement Agreement, which imposed major restrictions on tobacco company marketing practices and prohibits advertising aimed at youth. This included banning the advertisement of tobacco products on TV shows, movies and other video content. Despite the ban, studies by the public health organization Truth Initiative found a high rate of tobacco content in streamed videos that are popular with young viewers. In particular, the study discovered high rates of tobacco usage in TV-Y and TV-PG shows. Further, a 2018 study found the streamed videos that are most popular with young viewers feature higher rates of tobacco content than programs shown on traditional television. A 2019 report by the Truth Initiative showed that the danger has only grown in the past year.

In sending today’s letter, Attorney General Tong was joined by the Attorneys General of California, Nebraska, Alaska, Arkansas, Colorado, Delaware, District of Columbia, Florida, Guam, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Northern Mariana Islands, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, and Wisconsin.

Smoking remains the number one preventable killer in the United States and causes over 480,000 deaths per year. Last month, Attorney General Tong announced an investigation into JUUL Labs, Inc. regarding health claims made by the company. JUUL electronic nicotine delivery systems (ENDS) have never been approved by the U.S. Food and Drug Administration as a smoking cessation device. Connecticut's Civil Investigative Demand seeks to probe to what extent JUUL has marketed itself as an effective smoking cessation device despite lack of FDA approval.

Click here to download a copy of today's letter.

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