Media Alert: ANA, 4A's, AAF Strongly Criticize Proposed Tobacco Marketing Legislation

March 4, 2009 - New York, NY - Today the Association of National Advertisers (ANA), American Association of Advertising Agencies (AAAA) and American Advertising Federation (AAF) submitted a detailed letter to Members of the House Energy and Commerce Committee expressing their strong opposition to H.R. 1256, the "Family Smoking Prevention and Tobacco Control Act." The bill, introduced by the Committee's Chairman, Congressman Henry Waxman (D-CA), and expected to be marked up in the House today, proposes the most severe restrictions on the marketing of a legal product in U.S. History.

The legislation would impose sweeping restrictions on the advertising of tobacco products that far exceed current regulations and clearly violate First Amendment protections of commercial speech guaranteed by the U.S. Constitution, according to the Associations and a broad range of legal authorities they have consulted.

"The terms of the legislation add local restrictions on top of federal regulations, essentially preventing tobacco marketers from implementing a national campaign," said Dan Jaffe, Executive Vice President, Government Relations, ANA. "The bill's over-reaching prohibitions limit advertising to text only, ban pictures and color, and forbid outdoor advertising. This is a very troubling piece of legislation that could create broad precedents adversely affecting other areas of advertising."

Mr. Jaffe is available to journalists to further explain industry objections to the legislation. To speak with Mr. Jaffe, please contact Lesley Neadel at 917.595.3034 or


The Association of National Advertisers leads the marketing community by providing its members insights, collaboration and advocacy. ANA's membership includes 360 companies with 9,000 brands that collectively spend more than $100 billion in marketing communications and advertising. The ANA strives to communicate marketing best practices, lead industry initiatives, influence industry practices, manage industry affairs and advance, promote and protect all advertisers and marketers. For more information, visit


Lesley Neadel
CooperKatz for the ANA