Legislative News To You

House Oversight Committee Approves Tobacco Advertising Restrictions Bill
The House Oversight and Government Reform Committee has approved a bill that would transfer authority of tobacco advertising from the Federal Trade Commission to the Food and Drug Administration. H.R. 1256, the Family Smoking and Tobacco Control Act, would also direct the secretary of the Department of Health and Human Services to publish an interim rule enacting unprecedented advertising restrictions, including requiring many tobacco ads to be black text on a white background, mandating a government-dictated "brief statement" (in addition to the current surgeon general's warning), and banning all outdoor advertising for tobacco products within 1,000 feet of any elementary or secondary school or playground.
Introduced by Energy and Commerce Committee Chairman Henry Waxman, D-Calif., the proposal has already been approved by the Energy and Commerce Committee and will next be considered by the full House, possibly as early as next week.
AAF National’s press release regarding the bill can be found here.

California Digital Billboard Moratorium Passes Assembly Committee
The California Assembly Judiciary Committee has approved a bill that would impose a two-year moratorium on the construction of digital billboards of the conversion of standard billboards to digital in the state. Introduced by Assemblyman Mike Feuer, D-Los Angeles, Assembly Bill 109 has now been referred to the Assembly's Governmental Organization Committee. Digital billboards are considered an important asset for emergency and public safety communication. They generate jobs and revenue, and there are no documented safety issues with their implementation.


DTC Advertising Ban Introduced in Wisconsin Legislation
Wisconsin Representative Gary Sherman, D-Port Wing, has introduced a bill prohibiting direct-to-consumer advertising of prescription drugs in the state. Assembly Bill 56 would not apply to ads that are broadcast or mailed from outside the state. The text of the bill accuses DTC advertising of undermining the efforts of the Wisconsin government to protect the health and welfare of its citizens.

Opponents to the bill believe that the proposal violates the First Amendment protection for commercial speech. They cite that consumers benefit from DTC advertising, which studies show encourages patients to seek information from health care providers. They also feel that local businesses would suffer, as advertising efforts would simply shift to neighboring states.

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