Tobacco TV ads

[trying]

I just watched a Blu TV ad.
As we all know tobacco products are baned from TV ads,
How long until the FTC begins to enforce this ban ?

 

[Stubby]

Legally e-cigs are not yet a tobacco product...... kind of........ until the FDA declares (deems) they are....... then they are magically transformed...... of sorts. Of course nicotine patches and gum....... which have the same active ingredient............. will never ever be a tobacco product because they are a drug...................... legally........... sort of........ unless someone starts selling them as a tobacco product.......... then they are no longer a drug........................of sorts........ so they can advertise all they want.................

Are we straight on this


Now all this brings up an interesting question........... if nicotine gum and patches are approved for long term use and many people in TC would love them to be approved for......... are they now a tobacco product that cannot be advertised on TV or radio, or are they still a drug that is now used essentially the same as other tobacco products......... kind of...

 

[Petrodus]

I suggest this subject is a BIG DEAL and hasn't been the subject
of a serious discussion.

I think it was Bill who posted on another thread ...
If e-cigarettes vendors were not permitted to advertise
then that would signal the end of the ECF.

I suggest if there is one thing those apposed to e-smoking
hate more than ecigs ... it would be E-cig Internet discussions groups.

Looking forward to a discussion on this subject

 

[Semiretired]

I have been wondering that myself - to what extent this was going to impact ECF. I have a bit of downloading and copying to do if that is going to happen...

 

[kristin]

The two Acts which govern tobacco advertising on television (Public Health Cigarette Smoking Act of 1970 and Comprehensive Smokeless Tobacco Health Education Act of 1986) specifically address cigarettes and smokeless tobacco. Even under FSPTCA, e-cigarettes do not meet the definition of either a "cigarette" or "smokeless tobacco," because e-cigarettes do not contain any actual tobacco leaf, but rather contain a derivative of tobacco - nicotine. That makes them a "tobacco product" but not "cigarettes" or "smokeless tobacco." (Just as garlic oil supplement is a "garlic product" but wouldn't fit the definition of "garlic.") As far as I can tell, the advertising laws do not address "nicotine products" nor "products derived from tobacco that do not contain actual tobacco." So, e-cigarettes do not automatically fall under existing laws just because they are a "tobacco product." However, the FDA deeming regulation may try to include a ban the television advertisement of "tobacco products derived from tobacco." We'll have to wait and see.

(18) Smokeless tobacco
The term “smokeless tobacco” means any tobacco product that consists of cut, ground, powdered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity.

(1) The term “cigarette” means—
(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and
(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A).

 

[Petrodus]

Thanks Kristin !!

However, the FDA deeming regulation may try to include a ban the television advertisement
of "tobacco products derived from tobacco." We'll have to wait and see.

If the FDA pushes to ban TV ads ...
wouldn't that include banning other forms of advertisements
including vendor ads here on the ECF ??

 

[kristin]

I'm not aware of any bans on tobacco advertising on the internet. Don't tobacco companies all have web sites?

From the campaign for Tobacco-free Kids web site:

Although federal law bars cigarette or smokeless tobacco ads on “any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission,” the FCC does not currently regulate the Internet.2

 

[Petrodus]

I'm not aware of any bans on tobacco advertising on the internet. Don't tobacco companies all have web sites?

Bill mentioned in another post (forget where) ...
something about the possibility of banning e-cigarettes ads (not websites)
including vendor ads here on the ECF ... which would probably signal the end
of the ECF.

 

[kristin]

Bill mentioned in another post (forget where) ...
something about the possibility of banning e-cigarettes ads (not websites)
including vendor ads here on the ECF ... which would probably signal the end

Even if the FDA subjects e-cigarettes to the exact same standards as other tobacco products in its deeming regulations per FSPTCA, the advertising laws only apply to electronic mediums subject to the FCC. The FCC does not currently regulate the internet. I could be wrong, but I am fairly certain FSPTCA does not give the FDA power to ban tobacco advertising on the internet. It may regulate HOW tobacco is advertised (claims made, warnings, labels) but not where. I believe things such as store displays fall to local/state regulation, not federal. I don't believe any federal agency has regulatory power over any internet advertising. Tobacco ads are also still legal in print advertising & billboards (except cigarette billboard ads banned in 46 states.)

Edited to add a correction: FSPTCA does say tobacco companies may not sponsor sports or racing teams nor put logos on t-shirts, hats, etc. So, that is technically a "where" but it doesn't mention giving the FDA power to ban internet ads. I think if any government agency tried regulating anything advertised on the internet, there would be a huge backlash!

 

[Petrodus]

I guess my memory is a little foggy about what Bill was referring to.

 

[kristin]

I vaguely remember him saying something like that, but I'm not sure that is correct. (That is, if I'm reading correctly that the FSPTCA does not give the FDA power to regulate where tobacco ads can appear on electronic mediums and it's still regulated by the FCC. I could be wrong.)

 

[Petrodus]

Wikipedia - Tobacco advertising

"Both Google and Microsoft have policies that outlaw the promotion of tobacco products on their advertising networks."

"Most recently, signed into law by President Barack Obama, the Tobacco Control Act became active on 22 June 2010. This act not only placed new restrictions on tobacco marketing but also extensive constraints concerning the circulation of cigarettes and smokeless tobacco to minors. Newly effective with this act, “audio advertisements are not permitted to contain any music or sound effects, while video advertisements are limited to static black text on a white background. Any audio soundtrack accompanying a video advertisement is limited to words only, with no music or sound effects."

 

[kristin]

Facebook also prohibits tobacco ads. Still, nothing mentions advertising on the internet in general. So, unless ECF decides to ban tobacco product ads...

 

[Petrodus]

Newly effective with this act, “audio advertisements are not permitted to contain any music or sound effects, while video advertisements are limited to static black text on a white background. Any audio soundtrack accompanying a video advertisement is limited to words only, with no music or sound effects."

Video ... including YouTube ??

 

[Talyon]

Just trolling. Very interesting.

 

[Petrodus]

There are many ways the FDA and their cheerleaders can attack our movement.
One way is shutting down avenues the truth can be presented to the public.

I've often seen members post ... "Well, we only can hope and pray" ...
Well, I'm a realist ... and Big Pharma has a big stake in this game
and their employees at the FDA (in my opinion) will do whatever
they can get away with to protect their employers profits.

"Forewarned is Forearmed"

 

[trying]

Follow up question

Is it required that on the date FDA states that E-cigarettes are tobacco products the same day it annouces how it plans to regulate E-cigarettes or can FDA say E-cigs are a tobacco product and we wil begin to enforce "X" regulations on "Y" date.

 

[tnt56]

Doesn't have much to do with the TV ads, but it's real and it's coming
http://www.e-cigarette-forum.com/fo...oklahoma-law-approved-sales-minors-taxes.html
While I agree with the fact that under 18 should not purchase this product. (I guess it's just my old age making me feel that way)
When they try to pass a law like the one I posted the link to they alway try to slip in a few hundred pages so that it will pass. I'm very thankful to all those involved in preventing this bill from going to the house. The Oklahoma State Senate approaved it, and a Rep from Oklahoma (Tulsa I believe) on the medical board turned it down and never let it go that far.
THIS IS THE POWER THAT BILL (I apollogize that I can't remember his last name.) AND ALL THE MEMBERS OF CASAA HAVE. Not everyone is ignorant of the fact that PV's can be usefull to stop smoking.
Sorry just a bit of a rant after a bad day.

 

[DC2]

Follow up question

Is it required that on the date FDA states that E-cigarettes are tobacco products the same day it annouces how it plans to regulate E-cigarettes or can FDA say E-cigs are a tobacco product and we wil begin to enforce "X" regulations on "Y" date.

The FDA will propose their deeming regulations on how they intend to apply Chapter IX of the FSPTCA to electronic cigarettes at some point in the future.
And when they do so, they can (and quite possibly will) offer some alterations of how each individual provision should be applied with respect to electronic cigarettes.

Nobody here can predict what those deeming regulations will look like at this time, so we are in wait-and-see mode.

But the one thing I do predict is that if those deeming regulations look bad for us, we will most certainly make our voices heard loud and clear.
And the one thing I really hope for is is that ALL of those who love us, care of us, or just sympathize with us will make their voices here as well.

And that means all of our family, our friends, and our loved ones.
They are the ones that will be able to effect change more "effectively" than we "nicotine addicts" will be able to.