• Adweek, Tuesday, December 1, 2009 10:19 PM

The new tobacco laws have alarmed the Association of National Advertisers, the American Association of Advertising Agencies and the American Advertising Federation, which filed a "friend of the court" brief in a lawsuit challenging the constitutionality of the Family Smoking Prevention and Tobacco Control Act.

The brief contends that the act violates the First Amendment by restricting free speech. Signed into law in June, the Tobacco Control Act restricts the sale, marketing and production of tobacco products, which impacts nearly every media outlet. Outdoor advertising may not appear within 1,000 feet of elementary or secondary schools; T-shirts promoting tobacco products are banned; all advertising, including direct mail, must use black text on a white background, except in pubs with 85% adult readership.

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