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FREEDOM TO ADVERTISE COALTTIION © PRESS RELEASE Attgust IQ, I995 Washiagttnt, D.C. For inrarediate release ADVERTISING INDUSTRY CHALLENGES FDA'S PROPOSED TOBACCO ADVERTISING RESTRICTIONS AS VIOLATION OF THE FIRST AMENliMENT AND USURPATION OF CONGRESSIONAL AUTHORITY Today advertising and publishing trade associations composing the Freedom to Advertise Coalitioafiled svit agaimt the United States Food and Drug Administration ("FDA") in federal district court for the Middle District of North Carolitta strongly denouncing the FDA's proposnd restrictiom on tobacco advertisements as a 8oraal assault on the Constitution. "The sweeping regulations proposed by FDA demonstrnte that agenc,y's complete disregard for the First An_~t," said John Fithian, counsel to the Coalition. Mr. Fithiaxr went on to note that "regardless of how one feels about tobacco, such blatant disregard for our Constitution by the federal government is alarming." The restrictions proposed by the agertcy ignore the significant protection for commercial speech affotded by the First Amendment msd consistently realTirmad by the United Stues Supreme Court. FDA's proposed restrietiona indude imposing a draconian tonibstone fortnat on virtually all tobaooo advertisements, a ban on most tobacco advertisements within 1,000 feet of schools, and a ban on most promotional activities for tobacco products. If in4,osal, these restrictions would constituta a near ban on tob®cco advertising and a clear violation of the First Amendment. Tombstone format roquirerncnts for ad~ which limit advertiserrents to black and white text and prohibit the use of colon or pictures, create a virtual bart on tobacco advertisemaMs. For ex.mple, when tombstone advertising was required in Canada, all outdoor advertts3aa of tobacco irnrrtediately ceased. Simil.riy, a ban on tobacco advertisements within 1,00Q fat ofscboola vrould csmata an ttcteorxtitettional dafe= ban as tobacco advertisements in many mtgMcities.crosai the country. FDA's proposed regnlations also atate that If youth smoking is not reduced to 50% of its 1993 level, additional measures will be taken. Il1is provision purports to ensure that the proposed restrictions reduce youth smo':ing. Based on the experiences of other countries which have imposed similar restrictions, however, these drastic measures wc likely to be ineffective in reducing youth tobacco use. Instead, these meassaas, which are significantly broader than necessary to address youth smoking, will violate the First Amcndmcnt rights of advertisers to cngage in commercial speech and the rights of adults to receive infotmation about a legal product. FDA's actions are particularly unwelcome in an era in which many have sought to reduw gavernment intrusion into the lives of American adults.

Iegaistve pooeesa. Over tlte yeam Coagress has taken aa acdve role in,tha regulation of tobacco abadelot and proanotion. CoWeas clewiy and deh'berately vestod autlnority to regulate tobacco advtrtising and proraotion with the Federal Trade Commission. Further, in 1989-90, Congrcaa speci8cally considered and deliberately rejected a legislative proposal containing restrictions that ace nearly identical to those contained in FDA's proposal. Thc advertising ;ndustry strongly denounced the FDA's obvious attempt to circumvent tlic legislative proccss in this manner. Over tha last ftw months, ahe advcrtising industry has written ths President and met witb his setrior staFFto disctas tlus tnatter 7be indttstry was rebuffed in its attempt to coopcxatc with the President in the davalopmeot of warkable, constittrtioaa[ rastzictioznc on tobacco advertising aact pnosnotion. The Freedom to Advertis* Coalition is made up of the American Advertising Federation, the American Association of Advertising Agencies, the Association of'National Advertisers. the Magazine Publishers of Americs, the Outdoor Advertising Association of America and ahe Point of Purcbase Advectising Instituta: These organizations rcpmseat a wisl: variety of advertising inurests. The advetfiaing indu*y eqratiod contidettce that the proposed FDA regulations will be fuund: wrcomtitutioual upon thariaTaxling, judicial review. Conta~ John Fithian, Ray O'Hata, Penny Farthing --Cotwsal to the Freedom to Advertise Coalition (202) 4S7-6000 Wally Snyder, President American Advectising Federation (202) 838-0089 Hal Shoup, Executive Yitx President Amciatt Aaaodttioat of Advertising Agencies (202) 331-7345 ' Dan Jafrr,- Executive Vicc Presicbatt Association of AFational.Adveitiatng (202) 626-7800 OaotgrQsae, Executive Vice Prcwem Magazd»s Publi.hers of America (202)296-7277 ..~...r....,.,...,,...~..,...,........., ~.., ,,.,,,,, Ruth Segal, Executive Vice President Outdoor Advertising Association of America (202) 833-5566 Richacd Blatt, President Point of Purchase Advertising Institute (201) 894-8899 -30-