TOBACCO COMPANIES FIGHTING U.S. GOVERNMENT
By Adnews Staff
The U.S. government's Food and Drug Administrationl intends to curtail advertising as part of a package of measures to stop young people from taking up smoking. Supported by President Bill Clinton, the FDA is claiming jurisdiction over tobacco, contending that nicotine is a drug. Clinton's administration is calling for public comment during a 90-day period. The proposals could be blocked or ammended by Congress. Among other things, the government would require the tobacco industry to fund a $150-million(US) annual public relations campaign to persuade young people not to smoke. Tobacco companies have filed a lawsuit seeking to stop the FDA from taking over jurisdiction of cigarettes and imposing a series of restrictions on the sale and promotion of cigarettes. A coalition of five ad industry groups have filed a separate lawsuit seeking an injunction against the proposed FDA ad limitations. Calling themselves the Freedom to Advertise Coalition, they contend curbs on tobacco advertisements are unconstitutional and violate First Amendment rights to free speech.
The FDA intends to ban tobacco outdoor boards within 1,000 feet of schools and to limit billboard, point-of-purchase and direct advertising to text-only black and white messages. In addition, advertising would be limited to text-only in magazines with more than 15% of readers under 18 years of age, and tobacco companies would no longer be allowed to sponsor events. They would be limited to sponsoring teams or entries, and the use of corporate mascots or images would be barred. They would also be prohibited from using brand names in sponsorships, although they could use company names.
Tobacco comapnies have gotten around this brand name restriction in Canada by incorporating companies under the names of brands used to sponsor events. Lawyers for RJR-Macdonald and Imperial Tobacco in Canada are currently trying to convince the Supreme Court of Canada that federal legislation banning cigarette advertising and forcing tobacco companies to print health warnings on packages of cigarettes is unconstitutional. They say the Tobacco Products Control Act violates freedom of expression, which is guaranteed in the Charter of Rights.