Reading Room Document

Opinion on certain legal questions relating to (1) the proposed Federal Communications Commission rule banning cigarette advertising on radio and television, and (2) the Federal Trade Commission rule, adopted in 1964 and vacated in 1965, which required di

The document is a response to a request for legal opinions on proposed rules regarding cigarette advertising by the Federal Communications Commission and the Federal Trade Commission. The conclusions reached in the document include the opinion that the FCC's proposed rule banning cigarette commercials on radio and television is within its general rulemaking authority, but its constitutionality is not free from doubt. The document also discusses the FTC's authority to adopt a trade regulation rule for the prevention of unfair and deceptive advertising of cigarettes, and the effect of the FTC rule after July 1, 1969. The questions presented for review include the legal authority and constitutionality of the proposed FCC rule, the FTC's rule, and the potential extension of the advertising provisions of the Cigarette Labeling and Advertising Act of 1965.

April 4, 1969