The city council of Pasadena, Calif., has declared that unsolicited newspapers, circulars, and other printed matter distributed to businesses and residences constitute an invasion of privacy, a cause of litter, and a crime inducement at vacant properties.

Accordingly, the council is considering an ordinance that would "prohibit the distribution of all types of unsolicited written materials in defiance of the previously expressed will of the recipient."

The measure would require the finance director to maintain a "refusal register" of those who did not wish to receive unsolicited materials. Every vendor would be required to carry a copy of the register while working. The register would be obtained from the city upon payment of a fee.

The ordinance would make it unlawful to distribute unsolicited printed matter to addresses listed on the refusal register; where a "no solicitation" sign was posted; where previous materials were piling up; or to properties that appeared vacant. Unsolicited materials could be left only at the doorknob or doorstep of eligible properties.

Written materials covered by the ordinance include "any pamphlet, circular, newspaper, paper, booklet, poster, leaflet, or other printed matter" — a broad array that includes commercial and noncommercial speech alike.

Anyone found violating the ordinance would be charged with the misdemeanor of littering.

The ordinance raises First Amendment concerns — particularly since the measure limits the dissemination of unsolicited printed speech to those who purchase and carry a city-issued "license" (i.e., refusal register).

Fat-Free Advertising?

Quoted in Reason Magazine (Aug./Sept. 1998):

"'It's too bad [Yale researcher and fat-tax advocate Kelly] Brownell isn't more popular. If you accept that America is entering a Puritan phase, then regulating fat can actually be a less intrusive policy than regulating tobacco.' — New Republic Assistant Editor Hanna Rosin, in a May 18 story favoring a tax on fatty foods"

If this idea takes hold, how long until government tries to mandate health warnings on Big Mac ads — or tries to ban ads for high-fat foods altogether?

The U.S. District Court for the District of Columbia heard oral argument June 2 in the long-running Washington Legal Foundation V. Kessler. The case centers on whether the FDA can prohibit drug makers from distributing medical textbooks and reprints of journal articles to doctors.

WLF is asking that the FDA be enjoined from limiting the distributionof such materials. The FDA wants the case dismissed. Judge Lamberth is expected to rule this fall.

Earlier, the court declined to impose sanctions sought by WLF against former FDA head David Kessler for refusing to be deposed.

The Federal Trade Commission should not issue a policy statement about on-line marketing practices at this time, a group of advertising interests has told the agency. CASIE, the Coalition for Advertising Supported Information and Entertainment, said in written comments that a policy applying current FTC Rules and Guides to the Internet would be premature and unnecessary. "Many of the proposed interpretations of existing FTC rules are unprecedented and untested even in their traditional contexts," the group said. The rules would likely prove impractical or counterproductive when applied to the Internet and would quickly be rendered obsolete, CASIE noted.

An on-line policy would also be unnecessary because industry groups like the Online Privacy Alliance and the Better Business Bureau, as well as the FTC itself, have been actively policing Internet problems, CASIE said.

Under the proposed policy, marketers would have to make disclosure statements "unavoidable" by not requiring consumers to scroll down a page, click to another page, or take other affirmative steps to find the statements. The proposal also spells out requirements for disclosure statement access, proximity and placement, prominence, repetition, and consumer acknowledgment. Many of the provisions exceed requirements for other advertising media and could exceed the technical capabilities of some marketers, CASIE pointed out..

The FTC may convene a public workshop before proceeding further.

CASIE is a coalition of the American Association of Advertising Agencies and the Association of National Advertisers.

In an unusual move, Burlington, Vt., has banned the use of color in tobacco billboards within 1,000 feet of schools but has not banned the boards outright. Meanwhile, Warren, Mich., and Montclair, Calif., have adopted 1,000-foot bans on all tobacco boards. Restrictions on alcohol and tobacco boards in Washington, D.C., appear dead until after the fall election. Lawsuits challenging billboard bans in New York City and Chicago are moving through pretrial phases, while no suits have been brought as yet in Cleveland or Milwaukee.

Many municipalities contemplating billboard bans may be taking a wait-and-see attitude pending developments in three areas: whether Congress passes some type of legislation containing ad restrictions; a decision expected from the Fourth Circuit on whether the FDA has authority to regulate tobacco advertising; and the outcome of the New York and Chicago lawsuits.