It looks like the courts will have to settle the dispute over the nation’s tobacco policy.
In early April, the Senate Commerce Committee approved comprehensive
anti-smoking legislation, including severe restrictions on tobacco advertising. Because the Commerce Committee’s proposal departed so substantially from the agreement the
tobacco manufacturers had reached with state attorneys general, the manufacturers vowed
to fight the plan in Congress and in the courts.
Shortly thereafter, the U.S. Court of Appeals for the Fourth Circuit, which had heard
argument about the FDA’s current restrictions on tobacco advertising, announced that the
case would be reargued in early June.
The legislation introduced by Sen. John McCain (R-Ariz.) proposes to restrict
advertising even more dramatically than do the FDA’s current rules. (Those rules are not
in effect because a federal district court in North Carolina determined that the FDA lacked
the authority to adopt them.)
First, the McCain legislation would restrict where tobacco may be advertised. All
outdoor advertising of tobacco products would be prohibited, as would all advertising in
any arena or stadium where athletic, musical, artistic, or other social or cultural events or
activities occur.
Internet advertising would be prohibited if accessible in the United States.
Point-of-sale advertising would be extremely restricted, except at adult-only stores and in
tobacco outlets. Paid product placements on television, in movies, videos, or video games
would not be allowed.
