• by Wayne Friedman , March 4, 2009

New, stronger controls over tobacco marketing are being pushed by Congress--and that has advertisers up in arms.

A new bill, the "Family Smoking Prevention and Tobacco Control Act," introduced by the House Energy and Commerce Committee Chairman Rep. Henry Waxman (D-CA), could severely restrict tobacco marketing.

The FDA would regulate the marketing and manufacture of tobacco and establish new rules on marketing to young people. The bill would ban all tobacco advertising within 1,000 feet of schools and playgrounds; prohibit free giveaways of non-tobacco items with the purchase of a tobacco product; and restrict tobacco vending machines to adult-only facilities.

The Association of National Advertisers (ANA), American Association of Advertising Agencies (AAAA) and American Advertising Federation (AAF), believe the new restrictions--if enacted into law--would far exceed current regulations and violate First Amendment protections of commercial speech, especially for a legalized consumer product.

"The terms of the legislation add local restrictions on top of federal regulations, essentially preventing tobacco marketers from implementing a national campaign," said Dan Jaffe, executive vice president, government relations, ANA, in a release. "The bill's over-reaching prohibitions limit advertising to text only, ban pictures and color and forbid outdoor advertising."

Advertisers are concerned that the legislation could create precedents that would affect the marketing efforts of other legalized products.

President Barack Obama, who says he has kicked a smoking habit, has supported the legislation. Former President George W. Bush opposed it.

Tobacco marketing took a major blow in 1970 when Congress banned marketers from advertising on TV and radio. It was estimated then that the income loss to television and radio stations amounted to $220 million a year, or about 7.5% of their total advertising revenues.