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To the Editor: In response to repeated US Supreme Court decisions that have struck down attempts to regulate tobacco advertising, Dr Bayer and colleagues¹ advocate a strategy of counteradvertising coordinated by the Centers for Disease Control and Prevention. They suggest that this campaign could be funded by an excise tax that would raise approximately 20% each year of what the tobacco industry spends to promote its products.² They also propose that 50% of each print advertisement be composed of health warnings and that all cigarette packs contain a graphic picture of pathology caused by smoking.

While Bayer et al discuss this reactive role for Congress (eg, sponsoring counteradvertising), they do not describe what Congress should do to eradicate tobacco from American society. Such measures might include banning all advertising, creating "adults only" retail outlets, or stigmatizing smoking through countermarketing and restrictions on smoking in public places.

For Congress to initiate . . . [Full Text of this Article]

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RELATED LETTER

Tobacco Advertising in the United States: A Proposal for a Constitutionally Acceptable Form of Regulation
Ronald Bayer, Lawrence O. Gostin, Gail H. Javitt, and Allan Brandt
JAMA. 2002;287(22):2990-2995.
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