Limits on Tobacco Advertising Called ‘Ad Ban Bill From Hell’

WASHINGTON — Legislation that would require brutally frank labels on cigarette packages and limit where and how tobacco companies can advertise is unconstitutional, “the ad ban bill from hell,” advertisers and legal experts told a House panel today.

“The advertising restrictions contained in H.R. 5041 clearly and flagrantly violate the free speech guarantees of the First Amendment,” David Bell, chairman of the American Advertising Federation, told the House Energy and Commerce health subcommittee.

“It constitutes a de facto ban on tobacco advertising, and, sadly, it will do nothing to reduce consumption of tobacco or prevent smoking initiation by children,” he said.

The bill sponsored by Rep. Henry A. Waxman (D-Los Angeles) builds on various anti-smoking laws, including the 1971 law--upheld in the U.S. Court of Appeals for the District of Columbia--that took cigarette ads off the airwaves.

Under Waxman’s bill, which the congressman said is necessary because of the life-threatening nature of tobacco and continuing use by children:

--Tobacco advertising would be banned in movie theaters and sports stadiums or facilities.

--Tobacco sponsorship of athletic, music or artistic events would be banned.

--All tobacco print advertising must conform to a “tombstone format,” which would ban cartoon or human figures, brand name logos or symbols and must have black lettering on white background.

--A warning stating, “Tobacco is an Addicting Drug,” would take up 25% on each of the two most prominent sides of packaging and 20% of advertising, including billboards.