The U.S. Senate passed legislation last month that would give the Food and Drug Administration authority to regulate the marketing and advertising of tobacco products.
The bill, passed July 15, would ban the use of promotional items, restrict outdoor advertising, create new labeling and disclosure requirements, mandate the funding of compulsive anti-tobacco advertising and require compliance with stricter state and local rules.
It would also require tobacco advertising to be printed in black text on a white background, except for advertising in printed material with an adult readership of 85% or more or fewer than 2 million readers under 18.
Steven C. Parrish, a spokesperson for Altria Group, said that its Philip Morris USA arm would “enthusiastically” endorse the passage of the bill, and will strongly oppose any amendments that may come up during the House/Senate conference committee.
However, published reports say that trade groups oppose the bill because it contains advertising restrictions that would violate the First Amendment, and noted that the U.S. Supreme Court has struck down similar provisions passed by Massachusetts.
The provisions are part of a bill that includes a $12 billion buyout of tobacco farmers, which R.J. Reynolds said it opposes because it would give Philip Morris a competitive advantage.