I'm seeing e-cig commercials earlier in the day now....

[paleocon12111971]

I recently saw a Blu advertisement on TV at about 6:30pm EST. It's great to see that the stigma is starting to fade, and people are finally realizing that these advertisements do not violate the 1971 law regarding tobacco cigarettes.

 

[Justin66]

Me, too. I work 2nd shift and have seen that same commercial at about noonish.

 

[Talyon]

Haven't seen any up here yet, but have noticed in recent weeks they are being sold in every corner store possible.

There everywhere.

 

[Petrodus]

There's a very small mom & pop market around the corner
where I often shop for a few basics. They have had off-brand
disposables for some time ... However, yesterday I noticed a
large "Blu ecig" protective plastic mat on the check-out counter.

I just went to the Blu ecig "Store Locator" site: Link
and typed in my zip code ... WOW !!
They are being sold everywhere in my area.

Obviously, Blu knows they will survive the FDA's onslaught.

 

[WickedSick]

The shifting wind in the general attitudes towards vaping is changining the way of things and little by little erasing the stigma of having anything to do with tobacco products (or anything that is pressumed to be such). Probaby we will see more and more commercials in the future.

 

[rothenbj]

As long as the FDA doesn't deem commercials off the air.

 

[kristin]

As long as the FDA doesn't deem commercials off the air.

Jim, I was discussing this with Petrodus in another thread. Reviewing the laws, it seems the commercial ban is enforced by the FCC regulations/laws, which cover only cigarettes and smokeless tobacco (but not other tobacco products, probably because no non-tobacco leaf "tobacco products" existed in 1984.) If you've read FSPTCA too, do you see any way the FDA can take over the FCC's job regarding advertising on TV/radio? I can see the FDA can regulate no ads at sporting/racing events or logos/ads on t-shirts, hats, etc. Of course, it attempted to regulate what is on the packages (requiring graphic warnings) and the tobacco fought back and stopped that one. I'm just trying to figure out if the FDA can really deem regulations for TV/radio rules that currently fall under the FCC?

 

[kristin]

From FSPTCA 2009:

TELEVISION AND RADIO ADVERTISING.—It is unlawful to advertise smokeless tobacco on any medium of electronic communications
subject to the jurisdiction of the Federal Communications Commission.’’

That seems to say that TV/radio ads are still subject to FCC jurisdiction.

‘‘(d) RESTRICTIONS.—
‘‘(1) IN GENERAL.—The Secretary may by regulation require
restrictions on the sale and distribution of a tobacco product,
including restrictions on the access to, and the advertising
and promotion of, the tobacco product, if the Secretary determines
that such regulation would be appropriate for the protection
of the public health. The Secretary may by regulation
impose restrictions on the advertising and promotion of a
tobacco product consistent with and to full extent permitted
by the first amendment to the Constitution. The finding as
to whether such regulation would be appropriate for the protection
of the public health shall be determined with respect
to the risks and benefits to the population as a whole, including
users and nonusers of the tobacco product, and taking into
account—
‘‘(A) the increased or decreased likelihood that existing
users of tobacco products will stop using such products;
and
‘‘(B) the increased or decreased likelihood that those
who do not use tobacco products will start using such
products.
No such regulation may require

This seems to give the FDA power to say how tobacco products may be advertised, but I cannot find a definition of "advertisement" to determine if that includes TV/radio. It's kind of confusing.

 

[rothenbj]

Kristin, I'm not sure if it would matter much who ultimately controlled tobacco advertising. The FTC was heavily involved in the opposition to cigarette advertising as early as the 60's that led to the start of bans in the early 70s. Those bans have gotten more stringent over the decades. Basically today all tobacco products are restricted from TV and Radio advertising. I'm not going to try to attempt to try to understand the legislation that basically argued against 1st Amendment rights or that prevents advertising in one form of media (TV/radio) vs another (printed media). What I do believe is that the FTC will not object to a definition made by FSPTCA that e cigs are a tobacco product covered by existing TV/radio bans.

Now having said that, I think an argument can be made that it is not a "tobacco leaf" product. It's one of those unusual situations brought on by the court ruling that e cigs were tobacco products rather than a drug delivery system. I'm not even going to try to guess what the FDA might announce in the near future, but I am not optimistic that they'll be reasonable.