Can state and local governments regulate tobacco advertising?
Yes. The MSA does not prevent state legislatures or local governments from enforcing existing laws or passing new laws. 6.2.12: What about agreements between a manufacturer and a third party prohibiting tobacco control counter-advertisements? Participating Manufacturers cannot enter into or enforce existing agreements prohibiting third parties from selling, purchasing or displaying counter-advertising “discouraging the use of Tobacco Products or exposure to second-hand smoke.” [MSA III(d)(4) (emphasis added)]. For example, RJR is prohibited from contracting with a convenience store owner to give the store owner some benefit, if the owner in return promises that he will not display posters discouraging tobacco use. 6.2.13: What are the rules around cartoons and other types of advertising images? Beginning May 22, 1999, Participating Manufacturers may not use cartoons in advertising, promoting, packaging, or labeling of tobacco products. [MSA III(b)]. A cartoon is “any drawing or other d
