A Federal court in Kentucky overturned the first advertising regulations of the Philip Morris FDA bill this week. While leaving in aspects for larger health warnings and prohibiting event sponsorships, two key parts of the marketing restrictions were tossed. The bill had stipulated that only black and white advertising in mediums where children were likely to view would be allowed. This was thrown out as overly broad. You think?
Tobacco companies can continue to use their color graphics and imagery in advertising which are integral to branding and normalization of tobacco promotion.
Additionally, restricting tobacco company language claiming that FDA regulation made their product safer was tossed. This was one of the more telling and foolish parts of the bill. Detractors began much of their criticism of this legislation saying that industry marketing would take advantage of giving regulatory authority to the agency that supposedly guaranteed the health and safety of our food and drugs. In response, this ridiculous and obviously unconstitutional restriction was tacked onto the bill. “No you can’t claim that an FDA regulated cigarette is safer!” Apparently, yes you can. So why have we ruined the tenable integrity of the FDA anyway?
Philip Morris wrote this legislation. Other tobacco company lawyers cued up almost immediately to help dismantle the most potentially effective regulatory authority and thus far are successful. One can only imagine what the current Supreme Court will do for them as the suits creep upstream. What is not left to the imagination is that when all is said and done Philip Morris will have gotten almost everything it wanted without ever filing a brief.
