Government Relations News
There have been two important developments in Washington concerning obesity that may have an impact on advertisers.
We have learned there will be a hearing at the Senate Commerce Committee on Thursday, February 4 on "Financial Services and Products: The Role of the Federal Trade Commission in Protecting Consumers."
Regina Benjamin, the new U.S. Surgeon General, has released a report entitled "The Surgeon General's Vision for a Healthy and Fit Nation," which recomments limiting ads for "less-healthy foods and beverages."
Rep. John Hall (D-NY) has introduced legislation, HR 4518, which would prohibit the tax deduction for advertising campaigns not related to a product or service by companies (including subsidiaries) with gross receipts over $100 million a year.
The FCC has granted the request for an extension filed by ANA, along with the 4A's, AAF, DMA, IAB, and PMA, in the NOI asking for comment on a range of issues related to children and media.
Many state governments are facing severe budget pressures that are expected to intensify for the foreseeable future. Unlike Congress, state governments must pass balanced budgets each year, so they must cut spending, raise taxes or do some combination of both. In this environment, we expect states to consider new taxes on business services, such as advertising, to raise needed revenues.
New legislation has been introduced in the Maine State Legislature that would prohibit certain pharmaceutical marketing to minors. LD 1677 would prohibit the collection and use of personal information collected online from a minor who is at least 13 and under 17 years old for the purposes of pharmaceutical marketing in violation of rules to be adopted by the Maine Attorney General.
The U.S. District Court for the Western District of Kentucky has handed down a decision in a case challenging advertising restrictions in the Family Smoking Prevention and Tobacco Control Act.
We have learned from several lobbying sources that Senator Mark Begich (D-AK) plans to offer his legislation (S. 2842) which would deny the deduction for direct-to-consumer advertising expenses as an amendment to the health care bill.
Proposed Standards for Food Marketing to Children Released at FTC Forum by Four Agency Working Group
ANA testified at the FTC's forum on food marketing and childhood obesity, at which standards for advertising to children were released by the four agency working group created in the 2009 Omnibus bill.
Five Senators plan to offer a bill to disallow the deduction for DTC prescription drug advertising and promotional expenses as an amendment to the health care bill currently being debated on the Senate floor.
Rep. Jim Moran (D-VA), joined by Rep. Bill Pascrell (D-NJ) has introduced the "Healthy Kids Act" which contains drastic provisions relating to advertising on children's programming.
The House Energy and Commerce Committee yesterday approved the “Consumer Financial Protection Agency Act” (H.R.3126) by a party-line vote of 33-19. The bill would create a new federal agency with sweeping powers to regulate all consumer financial products and services, broadly defined. It would also radically transform the regulatory authority of the Federal Trade Commission (FTC), impacting the advertising community in general.
The Joint Standing Committee on the Judiciary in the Maine Legislature will be recommending to the leadership of both houses that the legislature repeal the “Act to Prevent Predatory Marketing Practices Against Minors.”
We have learned that Ohio Congressman Dennis Kucinich plans soon to introduce legislation to eliminate the tax deduction for certain food advertising directed to children. This comes on top of the legislation introduced on October 8th by Senators Al Franken (D-MN), Sherrod Brown (D-OH) and Sheldon Whitehouse (D-RI) to disallow the deduction for DTC prescription drug advertising and promotion expenses.
A markup of the Consumer Financial Protection Act in the House Energy and Commerce Committee has been announced for Thursday. This bill, which creates a new Consumer Financial Protection Agency (CFPA) will cover many issues impacting the FTC as well.
The FCC has released a Notice of Inquiry (NOI) entitled "Empowering Parents and Protecting Children in an Evolving Media Landscape" which asks for input on a sweeping range of issues relating to advertising.
On a largely party-line vote of 39-29, the House Financial Services Committee today approved the "Consumer Financial Protection Agency Act" (H.R.3126). That bill would create a new federal agency with sweeping new powers and could radically transform and impact the Federal Trade Commission (FTC).
On October 8th, Senator Al Franken (D-MN) and cosponsors Sherrod Brown (D-OH) and Sheldon Whitehouse (D-RI) introduced a bill (S.1763) entitled “Protecting Americans from Drug Marketing Act,” which would disallow the deduction for DTC prescription drug advertising and promotional expenses. These Senators are pushing to convince the leadership to add their bill to the health care legislation now being developed or plan to offer the bill as an amendment on the Senate floor.
Yesterday, the House Energy and Commerce Committee's Subcommittee on Telecommunications and the Internet favorably reported H.R. 1084, the CALM Act, to the full committee on a voice vote.