Jesse James Mitchell - Comment

The proposed rule in discussion is the prohibiting or otherwise limit billboards located within 1,000 feet of any elementary or secondary school and prohibit or otherwise limit large signs or collections of advertisements greater than 14 square feet at retail establishments located in close proximity to any elementary or secondary school. My opinion on this subject is that if one was to prohibit tobacco advertisements within 1,000 feet of any elementary or secondary school, you might as well prohibit all advertising. If we are honestly looking out for the health of our youth then all fast food billboards, alcohol billboards, tobacco billboards, as well as junk food billboards would all have to be banned. A few things came to mind when reading this proposed rule. The first thing that came into mind was how this rule could be seen as violating the First Amendment. Another thought that came to mind is why there is so much focus on limiting the advertisement of the product to minors and not the enforcement of the laws that restrict anyone under the age of 18 from smoking or using tobacco products. The purpose for advertisements is to catch the attention and interests of the consumer so that they want to buy the product. What advertising firms do in those advertisements to catch the attention of consumers can be another subject all together in regards to deceptive and misleading advertising. The point is, the advertisement is meant to get your attention. One could assume that billboard advertisements are meant for motorist, the majority being over 18, the legal age to smoke. To limit the location of an advertisement because a small portion of the wrong market segment might see it does not make sense. You can not hide certain product or items from children forever, they will either see it at home, on television, the internet, or from peers. If memory serves me, I have not seen a tobacco television commercial since 2003, which I believe is when they were banned. Instead of more restrictions and possible issues with the First Amendment, why would proper education not be the answer to deterring children from tobacco and tobacco products?