Communication and Law

1. Government Regulations & Tobacco Advertising
An Analysis of Tobacco Advertisement
By: Llolanda Hernandez

2. Brief Legal History
- The Federal Cigarette Labeling and Advertising Act
- July 27th. 1965
- Inform consumers through advertising and labeling
- Valentine v. Chrestensen (1942)
- Castano v. American Tobacco Co. (1998)
- Central Hudson Gas & Electric Corporation v, Public Service Commission of
New York (1980)
- Central Hudson four-part test
- Comprehensive Smoking Education Act of 1986
- Family Smoking Prevention and Tobacco Control Act

3. Recent Case Law
- Discount Tobacco City & Lottery Inc. v. United States
(2012)
- August 31st, 2009: six tobacco companies filed a
lawsuit challenging Family Smoking Prevention and
Tobacco Control Act enacted on June 22nd, 2009
- Act required colored graphic and non graphic warning
labels to cigarette packages.
- Tobacco manufacturers argued- violated 1st
Amendment, Due Process rights under 5th
Amendment
- Final Rule

4. Law Review Analysis
Lindblom: E-cigarettes are being advertised as
carelessly as tobacco products (cigarettes) were years
ago and that there could be a possible change as to how
they can also be regulated in the future.
Greenberg: Deeming Rule will harm marketing related
to e-cigarettes and research is being conducted.

5. Conclusion
- Research being conducted on e-cigarettes
- Future regulations