Criteria for Evaluating a Ban on the Advertisement of Cigarettes

Abstract

THE American Medical Association has long recommended a ban on promotional advertising of cigarettes, as has a broad range of public health organizations. 1 The tobacco industry, in an uneasy alliance with civil libertarians and the media, argues that a ban would violate the constitutional right to free expression. The debate has been bitter and vehement, impeding adequate examination of the complex public health and constitutional questions engendered by such a policy. In this article, we offer criteria for evaluating a national ban on tobacco advertising. First, we explore modern case law to determine whether the Supreme Court, applying the commercial free speech doctrine, would uphold a ban. Second, we critically evaluate existing empirical claims about the nature and impact of tobacco advertising on smoking behavior. Third, we assess the unique aspects of the cigarette as a consumer product to see whether it can be distinguished from other hazardous products.