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June 12, 2002

Counteracting Cigarette Advertising

Author Affiliations

Author Affiliation: Mr Morrison currently teaches at Stanford Law School where he is the Irvine Visiting Fellow. He is on leave from the Public Citizen Litigation Group, which he founded with Ralph Nader in 1972.

JAMA. 2002;287(22):3001-3003. doi:10.1001/jama.287.22.3001

In this issue of THE JOURNAL, Bayer et al1 propose some answers to the perplexing question of what to do in response to tobacco advertising that continues to induce thousands of young people to become new smokers every year. Unfortunately, their ideas either encounter substantial constitutional hurdles or have serious practical impediments that would preclude them from attaining their goals. In order to understand what approaches might be worth exploring, it is first necessary to take another look at the Supreme Court's decision Lorillard Tobacco Co. v. Reilly,2 before concluding that the First Amendment dooms all efforts to ban or limit tobacco advertising.