Advertising and Promotion of Tobacco Encourage Smoking Among Youth: Study

According to data submitted by tobacco companies to the Federal Trade Commission, the companies have used outdoor media heavily through the years in comparison to other print media. In 1996, the last year for which data are available, cigarette companies spent $292 million on advertising in outdoor media in the United States (5.7% of total cigarette advertising and promotional expenditures for that year), compared to $253 million (4.9%) for advertising at the point of sale, $243 million (4.8%) in magazines, $28.9 million (0.6%) in transit media, and $14.1 million in newspapers (0.3%).27 In other words, billboards continue to be a preferred medium for print advertising of cigarettes.

If we consider total advertising expenditures for different media, we see that tobacco advertising has dominated outdoor media to a far greater extent than it has other print media. My own research showed that in 1985, cigarette advertising expenditures accounted for more than one-fifth (22.3%) of all advertising in outdoor media ($210.8 million out of a total of $945 million), compared to 7.1% for magazines ($367.1 million out of a total of $5.155 billion) and 0.8% for newspapers ($199.8 million out of a total of $25.17 billion). In 1984, the figures were 21.1%, 8.4%, and 1.0%, respectively. In 1985, cigarettes were the most heavily advertised product or service in outdoor media, the second most heavily advertised in magazines (after passenger cars), and the third most heavily advertised in newspapers (after passenger cars and airlines). Of the seven companies with the largest advertising expenditures in outdoor media in 1985, six were cigarette companies. Also in that year, tobacco advertising expenditures for “eight-sheet” (5 by 11 feet) billboards were $7.8 million — about half the total expenditures for that medium ($15.6 million).49

A subsequent analysis for the year 1988 showed that cigarettes remained the most heavily advertised product or service in outdoor media, compared to a ranking of second in magazines (after passenger cars) and sixth in newspapers. In 1988, cigarette advertising expenditures accounted for 16.9%, 5.7%, and 0.4% of total advertising expenditures in outdoor media, magazines, and newspapers, respectively.50 As these figures show, billboards remained a favorite medium for cigarette advertising, even though the tobacco industry was gradually shifting its marketing dollars from traditional forms of print advertising into promotional activities such as distribution of free samples and coupons, sponsorship of sporting and entertainment events, value-added offers (e.g., buy one, get one “free”).49, 50

B. Billboards are intrusive and cannot be avoided.

In Packer Corp v State of Utah,51 the U.S. Supreme Court upheld legislation in the state of Utah that prohibited all tobacco advertising in outdoor media and at the point of sale, against a challenge based on the 14th Amendment Equal Protection Clause. In its opinion, the Court approvingly cited a passage from the Utah Supreme Court’s decision upholding that law,51 (page 110) which speaks to the intrusiveness of billboards:

“Billboards, street car signs, and placards and such are in a class by themselves…. Advertisements of this sort are constantly before the eyes of observers on the streets and in street cars to be seen without the exercise of choice or volition on their part…. Other forms of advertising are ordinarily seen as a matter of choice on the part of the observer. The young people as well as the adults have the message of the billboard thrust upon them by all the arts and devices that skill can produce. In the case of newspapers and magazines, there must be some seeking by the one who is to see and read the advertisement. The radio can be turned off, but not so the billboard or street car placard. These distinctions clearly place this kind of advertisement in a position to be classified so that regulations or prohibitions may be imposed upon all within the class.”

The billboard industry’s own marketing material emphasizes the intrusive nature of the medium:

“Outdoor: … You can’t zap it. You can’t ignore it…. It asks little time, but leaves a long impression…. Outdoor is right up there. Day and night. Lurking. Waiting for another ambush.”52

Materials from the outdoor advertising industry in Chicago make similar, albeit less colorful, claims. The Eller Media Company notes that its “bulletins” assure “dominance in selected area(s),” and are “positioned on highly visible traffic locations such as expressways, primary arteries, and major intersections.” “Rotary bulletins” provide “full market coverage … to ensure total saturation of the market.” The company’s “Wallscape” sign on the sides of buildings “towers above the streets, creating a spectacular landmark … [and provides] dominance in key market (sic).” Eller’s 30-sheet posters “are located on primary and secondary streets where traffic volumes are high, … [provide] complete and instantaneous coverage of the market, … deliver exposures to both residents as well as commuter traffic, … [create] rapid consumer top-of-mind awareness, … [and provide] continuous presence, up to 18 hours every day.” “In Chicago,” Eller notes, “it takes a combination of 164 poster panels to achieve a daily circulation (number of impressions) equal to fifty percent of Chicago’s population. Showings can be specialized to reach various ‘niches’ within the overall market.”

Noticeably absent from Eller’s materials is any mention of avoiding youth exposure to advertising for age-restricted products such as tobacco and alcohol. On the contrary, the materials note that “Outdoor advertising displays are giant, dramatic and visible … their presence in the market ensures nearly everyone will be exposed to them … [they] generate massive awareness of an advertising message…. Outdoor reaches a highly mobile audience … where people live, work and socialize.” (Emphasis added.)