Tobacco industry strategies to oppose federal regulation
Article Abstract:
Those who propose laws and regulations controlling the sale of tobacco products should be aware of the tobacco industry's typical response. The industry has consistently claimed that government regulation of tobacco violates the citizen's personal rights. It does this despite the fact that one of the roles of government is to protect its citizens from harm. The tobacco industry has stepped up its lobbying and political activities since the FDA proposed classifying nicotine as a drug and regulating cigarettes as a drug delivery device. The industry sought to delay the regulatory process by flooding the agency with 640,000 responses during the public comment period, most of which were form letters provided by the industry to individual smokers. It donated $1.5 million to Republican Congresspersons between Jan-June, 1995. It reduced media coverage of tobacco issues by filing a $10 billion libel suit against ABC. And it argues that the FDA has no authority to regulate cigarette advertising, which it claims would violate the First Amendment to the Constitution.
Publication Name: JAMA, The Journal of the American Medical Association
Subject: Health
ISSN: 0098-7484
Year: 1996
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Criteria for evaluating a ban on the advertisement of cigarettes: balancing public health benefits with constitutional burdens
Article Abstract:
A set of criteria has been developed for evaluating the proposed ban on cigarette advertisement. The American Medical Association and other public health organizations have recommended a ban on cigarette advertisement. The tobacco industry argues that this type of ban would restrict the tobacco companies constitutional right to free speech under the First Amendment. The US Supreme Court ruled in 1975 that commercial advertising is protected under the First Amendment, but state governments still may regulate commercial speech and restrict the sale of hazardous products. Some of the criteria regarding the ban are designed to evaluate the constitutionality of restricting cigarette advertisement. Other considerations are the policy justifications for a ban on cigarette advertisement. The best method to discourage smoking may be to impose larger taxes on cigarettes, in conjunction with a ban on advertising and educational campaigns. The revenue raised with these taxes could finance different smoking prevention and cessation programs.
Publication Name: JAMA, The Journal of the American Medical Association
Subject: Health
ISSN: 0098-7484
Year: 1993
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Global regulatory strategies for tobacco control
Article Abstract:
The need to develop a strategy for a powerful, well-funded national agency, which could regulate tobacco control rules and enforce prevention, education, and treatment of nicotine dependence, is presented.
Publication Name: JAMA, The Journal of the American Medical Association
Subject: Health
ISSN: 0098-7484
Year: 2007
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