NATO Action Results in Repeal of San Diego Cigarette Advertising Restrictions

The San Diego City Council voted unanimously to repeal cigarette marketing limitations that were first embraced by the town in 1998 then extended to e-cigarettes and smoking e-liquid in June of 2014.The first San Diego ordinance adopted in 1998 forbad retail merchants and companies from setting or showing any advertisement or promotion of tobacco products on a register a publicly visible place found within 1,000 feet of a school, playground, rec center, child-care facility, game or collection, and any advertising signal for tobacco goods on the interior or not in the windows or doors of a shop or company that was observable to the people from outside the institution. The ordinance was subsequently reversed by the San Diego City Council in June of this past year to expand the marketing and marketing limitations to e-cigarettes and Electronic cigarette accent products.

In its June 28, 2014, notice to the San Diego City Council, NATO clarified the limitations on cigarettes product advertisements in San Diego ordinance as well as the planned expansion of the limitations to e-cigarettes, electronic smoke devices, and vaping liquid, elevated important constitutional problems.

Marketing is how manufacturing companies and retailers talk with their clients about their goods as well as the U.S. Supreme Court has used that merchandise promotion, including the promotion of tobacco goods, makes up commercial language and is therefore given First Amendment constitutional rights. What this means is the San Diego marketing restrictions were unconstitutional and would have to be repealed.

Together with the actions obtained by the San Diego City Council to repeal these limitations, retail merchants in San Diego which are situated within 1,000 feet of a school, playground, rec center, child-care facility, game, or collection, are today free to put cigarette marketing signs and promotional materials within their shops therefore that the signals and shows are observable to the people. Also, every retailer in San Diego, no matter where they may be situated in town, can today put cigarette merchandise and Electronic cigarette advertisements signs within their shop windows or on their shop doorways so your signals are visible to people from outside the shop.

This selection from the San Diego City Council can also be very important to every cigarette store nationally as it functions yet another precedent in protecting the right of retail merchants to promote lawful cigarettes and e-cigarette products.