Smithers - Comment

Document ID: FDA-2010-N-0136-0019
Document Type: Public Submission
Agency: Food And Drug Administration
Received Date: May 24 2010, at 12:00 AM Eastern Daylight Time
Date Posted: May 24 2010, at 12:00 AM Eastern Standard Time
Comment Start Date: May 18 2010, at 12:00 AM Eastern Standard Time
Comment Due Date: July 19 2010, at 11:59 PM Eastern Standard Time
Tracking Number: 80af2b9e
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I do not think that the outdoor advertising of cigarettes and smokeless tobacco should be regulated. Although I am a non-smoker and do not support the tobacco industry, I am highly against censorship and feel that this form of censorship is inappropriate. It would only set the precedence for other such censorship actions if approved. This is not the answer to controlling the tobacco use. In the background information the FDA cites that this consideration is being made in an effort "to protect children and adolescents from the harms caused by tobacco use and, if they are, whether the restrictions under consideration would be justified, lawful, and appropriate". I believe that any new regulations that implement the proposed steps will only be overturned by a judge anyway. On March 18, 2010, the Food and Drug Administration announced rules that restricted the way the tobacco industry can advertise and sell cigarettes and smokeless tobacco products (Layton, 2010). Among those rules was a requirement for tobacco advertisements to be limited to black text with no graphics except in adult magazines or retail establishments only open to adults (Layton, 2010). Tobacco producer R.J. Reynolds Tobacco and Lorillard challenged the rule on the basis that it violated their first amendment rights. A federal judge later ruled in favor of the argument stating that the company could use imagery and colors to communicate "what the product is and who makes it" (Layton, 2010). Protecting children and adolescents from the harms of tobacco use should be the parents responsibility, not the governments. One of this countries founding principles is the right to free speech. We violate this by approving the proposed actions and will only set the precedence for such future actions. What is next? The censorship of junk food, fast food, and alcohol? References: Layton, L. (2010). New FDA rules will greatly restrict tobacco advertising and sales. Washington Post. Retrieved from: http://www.washingtonpost.com/wp-dyn/content/article/2010/03/18/AR2010031803004.html

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