TOBACCO CONTROL LAWS

Capital Broadcasting Company, et al. v. Mitchell, et al.

Six corporations that operated radio stations challenged the constitutionality of a tobacco control law that banned cigarette advertising on all federally regulated electronic communications media. Although the corporations argued that the ability to disseminate information is integral to the right to freedom of speech, the Court refused to extend full First Amendment protections to advertisements, holding that the advertising ban did not implicate the corporations' right to speak but affected only their monetary interests. The Court further held that the ban did not violate due process because rational bases existed for regulating advertising in broadcast media and in print media differently.  The dissent stated that the ban violated speech protections because it restricted the flow of truthful information to the public.

Capital Broadcasting Company, et al. v. Mitchell, et al., 333 F. Supp. 582, United States District Court for the District of Columbia (1971).

  • United States
  • Oct 14, 1971
  • United States District Court for the District of Columbia
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Parties

Plaintiff

  • Capital Broadcasting Company
  • Others

Defendant

  • John Mitchell, Attorney General of the United States
  • Thomas Flannery, United States Attorney for the District of Columbia

Third Party

  • National Association of Broadcasters

Legislation Cited

Federal Cigarette Labeling and Advertising Act (as amended), 15 USC §§ 1331 - 1341

Public Health Cigarette Smoking Act of 1969, 15 U.S. Code Section 1335

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Encourage Illicit Trade
Regulatory measures may lead to an increase in illegal sales, such as counterfeit products. The industry may also argue that such illicit trade will reduce tobacco tax revenue.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

None

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