"While the government has a legitimate interest in fighting the use of tobacco
products by minors, the FDA's proposed regulations sweep far too broadly and result in massive censorship of truthful speech aimed at adults," claim the Association of National Advertisers, the
American Advertising Federation and American Association of Advertising Agencies.
They note that the U.S. Supreme Court has previously rejected the 1,000-foot limit and so-called "tombstone" advertising restrictions. "Advertising is not free," the letter continues. "The multiple disclosure requirements would literally 'seize' a substantial portion of the company's space and conscript it for government-mandated messages."
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