Federal ban on advertising of gambling ruled unconstitutional

Article Abstract:

The US Court of Appeals for the Ninth Circuit ruled in Valley Broadcasting Co. v. United States that provisions of the Communications Act of 1934 banning private casino gambling advertising were not constitutional. The government argued that it was serving substantial interests and that the advertising ban fit those interests reasonably well. The Court applied the Central Hudson test and found that, while the government's interests were substantial, the many exceptions for Indian gaming and state lotteries undermined the argument that the ban directly advanced those interests.

Gambling, Advertising law

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FDA announces proposal restricting tobacco ads

Article Abstract:

The proposed regulations released by the Food and Drug Administration, after declaring nicotine to be a drug subject to its regulation, to restrict tobacco product advertising has met with strong opposition that has asserted commercial speech rights. The regulations would restrict billboard and periodical advertising that may reach children and would restrict contests, sale of related merchandise and event sponsorship. Opponents claim that the regulations are overly broad and amount to a ban on advertising in violation of freedom of speech rights.

Smoking

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Philip Morris agrees to keep ads off-camera: Justice Dept. negotiates settlement over placement in stadiums

Article Abstract:

A settlement was reached between Philip Morris Inc. and the US Department of Justice regarding the placement of cigarette advertising in sports arenas and stadiums intended to maximize the chance that such ads will be seen on television. The Justice Dept. presented information showing how widespread this advertising tactic was. Since 1971, cigarette advertising has been banned on television. Philip Morris did not admit to any wrongdoing but agreed to avoid having its ads placed in locations likely to shown on television.

Sports, Philip Morris Inc.

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