House Measure Would Ban All Methods of Tobacco Promotion

Arguing that cigarette advertising is not protected by the First Amendment, seven congressmen on Monday introduced legislation to ban all forms of tobacco promotion, including newspaper and magazine ads, athletic sponsorships, billboards, posters and matchbook covers.

“The right to commercial free speech is not absolute,” said Rep. Mike Synar (D-Okla.), the principal sponsor. “Congress has the authority to limit commercial speech when a substantial government interest is involved.

“One could hardly imagine an issue of greater government concern than the loss of 350,000 lives annually from a single product.”

The bill was attacked by the Tobacco Institute, the trade association for cigarette manufacturers. Institute spokesman Scott Stapf called the proposal “blatantly unconstitutional.”

The measure would cover cigarettes, cigars, pipe tobacco, snuff and chewing tobacco. Promotional activities would be prohibited from the manufacturer down to the retailer.

Banned practices would include broadcast, newspaper and magazine ads, billboards, posters, signs, decals, matchbook covers, displays on store shelves or counters, promotional allowances, premiums and free samples.

Tobacco companies would be forbidden from sponsoring athletic or artistic events under a brand name. They also would not be allowed to promote a non-tobacco product or service carrying the same name or logo as a tobacco product, a practice that in some countries has allowed back-door cigarette advertising.

Broadcast advertising of cigarettes has been banned by federal law since 1971.

Synar was joined in sponsoring the bill by Reps. Mike Lowry (D-Wash.), Al Swift (D-Wash.), James V. Hansen (R-Utah), Samuel S. Stratton (D-N.Y.), Gerry E. Studds (D-Mass.), and Chester G. Atkins (D-Mass.).