March 6, 2008

Legislative Activity

The Honorable Frank Pallone
Chairman, Subcommittee on Health
Committee on Energy and Commerce
United States House of Representatives
237 Cannon House Office Building
Washington, DC 20510

Dear Mr. Chairman:

On behalf of the Association of National Advertisers (ANA), the American Association of Advertising Agencies (AAAA) and the American Advertising Federation (AAF), we are writing to express our strong opposition to several of the marketing provisions of H.R. 1108, the "Family Smoking Prevention and Tobacco Control Act." These proposals would impose sweeping and unconstitutionally restrictive limitations on the advertising of tobacco products.

While the Congress has broad authority to restrict the sale of tobacco products, when it restricts advertising, the Supreme Court has laid out very clear rules in regard to permissible regulation. Unfortunately, a number of proposals contained in this legislation already have been specifically found to be unconstitutional by the highest Court and a number of others clearly also would violate the constitution. In particular, the Court is almost certain to strike down the numerous marketing and advertising restrictions proposed in this legislation that would impact adult only venues. We should not forget that tobacco continues to be a legal product in this country with all of the protections that implies.

Attached you will find our detailed analysis of this legislation. If you would like to discuss these matters further, you can reach us at the contact information that follows.

Thank you for your consideration of our views.

Sincerely,

Daniel L. Jaffe
Executive Vice President
Association of National Advertisers
1120 20th Street, NW, Suite 520-S
Washington, DC 20036
(202) 296-1883
djaffe@ana.net

Richard F. O'Brien
Executive Vice President
American Association of Advertising Agencies
1203 19th Street, NW, Fourth Floor
Washington, DC 20036
(202) 331-7345
dobrien@aaaadc.org

Jeffry L. Perlman
Executive Vice President
American Advertising Federation
1101 Vermont Avenue. NW, Suite 500
Washington, DC 20005
(202) 898-0089
jperlman@aaf.org