Content Control

The courts have affirmed constitutional protection of commercial speech, upholding the right to promote legal products (Lorillard Tobacco Co. v Reilly, United States Supreme Court, 2001). Outdoor advertising is a recognized medium of communication.

Since 1999, outdoor advertising formats have not been used to promote cigarette brands, as part of a master settlement between tobacco manufacturers and state attorney generals.

The outdoor industry practices self-regulation. The industry's code includes a buffer zone around schools, places of worship, and other areas where children gather (a voluntary restraint on promoting products illegal for sale to minors). Further, the industry's code features an anti-obscenity clause, and respects the right to refuse advertising.

Issue Brief

Cigar Advertising