The Federal Cigarette Labeling and Advertising Act, 15 U.S.C. Â§Â§ 1331-1341,
prohibits cigarette advertising on any medium of electronic communication
subject to the jurisdiction of the FCC. 15 U.S.C. Â§ 1335. It also requires
conspicuous "Surgeon General's Warnings" to be placed on all packages of
cigarettes and on all cigarette advertisements and billboards. 15 U.S.C.
Â§ 1333. The Act provides for both criminal penalties, 15 U.S.C. Â§ 1338,
and injunctive relief, 15 U.S.C. Â§ 1339.
CPB enforces the Act, and obtained consent decrees that forced the removal
of tobacco-related signs from various sports facilities. One decree required
Madison Square Garden to remove a prominent Marlboro sign from its strategic
courtside location (across the face of the scorers' table) at televised
New York Knicks' games. United States v. Madison Square Garden, L.P.,
No. 95-2228 (S.D.N.Y. filed April 4, 1995). Another decree required Philip
Morris Incorporated to remove comparably prominent Marlboro billboards from
professional baseball, football, basketball, and hockey stadiums and arenas
around the country. United States v. Phillip Morris, Inc., No. 95-1077 (D.D.C.
filed June 6, 1995). In addition, CPB occasionally provides informal, non-binding
advice to advertisers and event promoters who seek to conform their conduct
to the requirements of the Act.
To ensure that the Department responds consistently to requests for guidance
and to violations of the Act, nationwide investigation and enforcement responsibility
have been vested in CPB. CPB may forward investigative results and cases
to appropriate United States Attorneys' Offices.