Magazine Publishers of America
The Family Smoking Prevention and Tobacco Control Act (H.R. 1108) could see legislative action in the U.S. House of Representatives in the coming weeks. The legislation would give the Food and Drug Administration (FDA) the authority to regulate tobacco products, which includes oversight over tobacco marketing.
The legislation, which passed the House Energy and Commerce Committee in early April, would immediately enact the FDA’s 1996 rule, only allowing full-color and pictorial tobacco advertisements in magazines with an “adult” readership of 85 percent or more or in publications with fewer then 2 million readers under the age of 18. This provision has previously been challenged on First Amendment grounds. MPA remains concerned that in addition to violating First Amendment rights, these provisions would set a dangerous precedent for similar restrictions on advertising of other adult products.
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