By act of Congress, “any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission” is prohibited from advertising cigarettes and little cigars.
No broadcast advertising can use the word “cigarette” or mention brands of cigarettes.
The prohibition extends to include the name of the business if it contains the word cigarette and/or a brand of cigarettes. The only exception is if a cigarette brand name is part of a program title, provided the mention does not constitute a commercial for the product. Note: this exception is a “gray area” and you are advised to consult with your legal counsel before proceeding.
Pipe tobacco or cigars, other than those meeting the definition of little cigars, may be advertised.
Please contact the MBA Legal Hotline or the MBA office for further guidance.
By: Gregg P. Skall
Telecommunications Law Professionals, PLLC
The long awaited FDA regulations “deeming” e-cigarettes a tobacco product have, at last been issued and are to be published in the Federal Register today.
