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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 (djaffe@ana.net) or Keith Scarborough (kscarborough@ana.net) in ANA's Washington, DC office at (202) 296-1883. 

Legislative and Regulatory Issues Tracking

ANA's Washington, DC office works to protect the ability of all marketers to communicate effectively with consumers.   The scope of legislation, regulations, and court cases impacting the marketing community continues to be extremely broad, extending to issues as diverse as online privacy, prescription drug advertising, restrictions on the tax deductibility of advertising costs and the regulatory powers of the Federal Trade Commission.

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Compendium of Legislative, Regulatory and Legal Issues

ANA's Washington, DC office plays a leading role in protecting the ability of all marketers to communicate effectively with consumers. At the end of each year, we prepare a Compendium which describes our efforts on the broad range of issues we have faced. 

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Alliance for Family Entertainment

The ANA Alliance for Family Entertainment (AFE) is a coalition of national advertisers, supported by the ANA, which represents almost 40% of all U.S. television advertising dollars..

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SAG/AFTRA

ANA and the American Association of Advertising Agencies (4A’s) conduct broadcast talent negotiations with the Screen Actors Guild (SAG) and the American Federation of Television and Radio Artists (AFTRA) through the Joint Policy Committee, or JPC.

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