• by Ken Liebeskind , June 29, 2001

Yesterday's decision by the Supreme Court to overturn proposed Massachusetts tobacco advertising restrictions is a rare victory for the tobacco industry.

The industry has seen its advertising opportunities erode since 1969, when the TV ban took effect. In 1998, it signed the Master Settlement Agreement with the states, which banned everything from billboards to stadium signage to transit ads.

In 1999, Massachusetts passed a law that would have prevented many different types of retail advertising, including posters in store windows and anything that could be seen within a 1,000 foot radius of schools and playgrounds.

The law never took effect because it was appealed and yesterday the Supreme Court ruled that the law violated the manufacturers' right to commercial speech.

"We're pleased with the decision because it prevents state and local government from denying us the right to present truthful advertising about our products to adult smokers," says Seth Moskowitz, a spokesman for R.J. Reynolds.

Moskowitz says the Massachusetts law would have banned any public cigarette advertising in 90% of its largest cities.

The fact that the law never took effect means there won't be any change and companies can continue to run the same retail advertising. "But if the Supreme Court ruled differently, those regulations would be in effect now," Moskowitz says, indicating the industry would have had to deal with additional ad restrictions.

The Supreme Court decision may not just impact Massachusetts. Many local laws already in force that feature the same restrictions as the Massachusetts law could be overturned. It's too early to tell, but the decision could impact local laws across the country, including laws in Denver, Chicago, Oakland and Atlantic City, NJ, Moskowitz says.