ADV 3008 Lecture Notes - Lecture 5: Creative Services, Tobacco Master Settlement Agreement, Prescription Drug
12 Sep 2018
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Tuesday, September 11, 2018
Lecture 5
ADV3008!
-Bigelow v. Virginia!
•1973, Pre-Roe!
•Is any commercial speech protected by the First Amendment?!
•Can a newspaper run an ad for an illegal product or service?!
-University of Virginia paper publishes ad for NY Abortion Clinic!
-Legal in NY, not explicitly legal in VA!
-State statute makes it illegal to advertise, fined Bigelow $150 who refused to
pay!
•Supreme Court reserves Bigelow’s conviction!
-Commercial speech is protected IF it deals with information of interest and value!
-Cigarettes!
•Why are tobacco ads prohibited on TV?!
•Health Crisis!
-1950s much evidence linking smoking to lung cancer!
•“Cancer by the carton”—Readers Digest!
-Later 1950s, FTC prohibits cigarette companies from making health claims!
•Unintended effect: made people smoke more again with less reminder!
-Warning labels on cigarettes go into effect!
•Supreme Court ruled ban on cigarette advertising constitutional!
-Chrestensen: No protection for commercial speech!
-Even protected speech can be censored!
•When a product constitutes a “public health threat”!
•E-cigarettes?!
$1
find more resources at oneclass.com
find more resources at oneclass.com
Tuesday, September 11, 2018
•Congressional Acts Against Tobacco!
-1966 US first nation to require a warning label!
-1970 Congress banned ads for cigs on TV!
-1998 Tobacco Master Settlement Agreement!
•States were to receive over 206 billion over 25 years, etc!
-Virginia Pharmacy Board v Virginia Consumer Council!
•1976!
•Virginia statute forbids prescription drug ads!
•Consumer group claimed entitlement to information about prices!
•Court, in ruling, noted price of one drug varied from $1.20 to $9.00!
•Pharmacy Board lost!
-Court noted those most affected by lack of information: sick, poor, elderly!
-Court suggested “people might have a greater interest in the free flow of
commercial information than in the flow of political information”!
-Protection did not extend to false or misleading ads!
-Advertisers and Agencies: Key Players in the World of Advertising!
•The 3 Players (book includes Suppliers as fourth)!
-Advertisers!
•Company with reason to communicate with people, not experts in
communicating!
•Goods or service providers who use advertising as a marketing tool!
-Advertising Agencies!
•Professionals specializing in designing and placing advertising!
•Specialists!
-Media Organizations!
•Providers of advertising time and/or space!
$2
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
University of virginia paper publishes ad for ny abortion clinic. Legal in ny, not explicitly legal in va. State statute makes it illegal to advertise, ned bigelow who refused to pay: supreme court reserves bigelow"s conviction. Commercial speech is protected if it deals with information of interest and value. Cigarettes: why are tobacco ads prohibited on tv, health crisis. 1950s much evidence linking smoking to lung cancer: cancer by the carton readers digest. Later 1950s, ftc prohibits cigarette companies from making health claims: unintended e ect: made people smoke more again with less reminder. Warning labels on cigarettes go into e ect: supreme court ruled ban on cigarette advertising constitutional. Tuesday, september 11, 2018: congressional acts against tobacco. 1966 us rst nation to require a warning label. 1970 congress banned ads for cigs on tv. 1998 tobacco master settlement agreement: states were to receive over 206 billion over 25 years, etc.
