STATES MULL TOBACCO, LIQUOR RESTRICTIONS

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Here is a rundown on marketing-related issues at the state and local level, as gathered by the American Advertising Federation in cooperation with the American Association of Advertising Agencies and the Association of National Advertisers.

NEW YORK

The Dutchess County Board of Health is considering a ban on all outdoor board advertising for tobacco products. The AAF, Four A's and ANA submitted testimony opposing the proposal.

RHODE ISLAND

A liquor store operator is appealing the 1st U.S. Circuit Court of Appeals' decision upholding a state law that bans price advertising for alcoholic beverages. The ANA filed a friend of the court brief urging the court to hear the appeal, saying the suit raises the very serious question of whether the 21st Amendment weakens First Amendment protections for commercial speech as they relate to alcoholic beverages.

WASHINGTON

The state Senate Health & Long-Term Care Committee held a Feb. 10 hearing to consider SB5300, which would ban tobacco advertising via outdoor boards, store fronts, newspapers, TV and radio and require that cigarettes be sold in b&w packaging only. The AAF, Four A's and ANA each submitted testimony opposing the bill.

VERMONT

A group of agency leaders in the state are working with the Department of Taxes to modify proposed new rules on the application of Vermont's sales tax to advertising services. The Vermont Four A's legislative coordinator, Barbara Sandage of Sandage Inc., Burlington, is serving as chairman of the group.

MINNESOTA

The Legislature is considering an amendment banning all lottery advertising. A similar measure was defeated during the closing hours of the 1994 session. Carmichael Lynch, Minneapolis, the lottery's agency of record, and the Twin Cities Four A's Council have begun a campaign to promote the importance of lottery advertising in the state.

NEW JERSEY

Representatives from the state Division of Taxation met with the Advertising Communications Sales Tax Coalition earlier this month in an effort to eliminate confusion about the treatment of advertising in New Jersey's tax codes. The coalition's members represent all aspects of the industry. The AAF-affiliated New Jersey Advertising & Marketing Association is hosting the meetings.

NORTH DAKOTA

The state Senate has rejected two bills that would have restricted gaming advertising. One would have banned advertising for games of chance; the other would have required mandatory warnings on such ads. Wayne Kranzler of Kranzler Kingsley Communications and a representative of the AAF-affiliate Advertising Federation of Bismarck-Mandan, was among those testifying against the bills. Legislation also was introduced that would have applied the state sales tax to all services, including advertising. That measure was defeated unanimously in a House floor vote.

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