Court Reaches Decision in Important Tobacco Advertising Case

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.  In the decision, the court struck down restrictions on colors and images in ads, holding that the ban had a "uniformly broad sweep . . . [that] demonstrates a lack of tailoring."  While this is an important victory for the industry, other restrictions in the act, such as those on sponsorships, brand-name merchandise, and the size and graphics required in warning labels, were upheld by the court and will probably be challenged in the Sixth Circuit Court of Appeals. 

ANA previously had filed an amicus "friend of the court" brief in this case. 

If you have any questions about this matter, please contact Dan Jaffe ( or Keith Scarborough ( in ANA's Washington, DC office at (202) 296-1883.