Washington Focus: Does Advertising Have A Safety Net?

In this regular round up of regulatory news affecting advertisers in the USA, the author looks at advertising bans for tobacco, alcohol and gambling.

Washington Focus Does advertising have a safety net?

Daniel L. Jaffe, ANA Washington Office

Rarely have there been so many important advertising cases clamoring for resolution by the courts. Cases pending in New York, Chicago, New Orleans, Oakland, Richmond, Tacoma, and New Jersey are likely to test the First Amendment safety net for advertising.

The fact that we are facing so many challenges simultaneously illustrates the danger to advertising when regulators in federal, state, or local governments believe that they have a free hand to ban or restrict sharply the right to advertise controversial legal products.

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