Consumers, not the government, must make these types of choices. A slight variation on these principles is necessary when it comes to alcohol and tobacco advertising that appears to be targeted at children. Indeed, to protect children from these health risks, it is illegal for children to purchase alcohol and tobacco. Alcohol and tobacco advertising that appears to be targeted at children, therefore, is something that the government must consider very seriously. But the government must evaluate such advertising in a careful and reasoned manner too.
Few things provoke more emotion and overheated rhetoric than issues that relate to children.
Government must resist the temptation to overreact to this emotion and rhetoric. After all, not every alcohol or tobacco ad that depicts a cartoon character, cute pet, or something that might appeal to children is necessarily targeted at children. Commission action under its unfairness authority is warranted only where the government can prove, not just assert or intuit, that an ad has caused or is likely to cause substantial injury to children. Specifically, the government typically would have to prove that the ad has caused children to purchase the advertised alcohol or tobacco product or caused them to purchase more of that product. While this may well be very difficult to prove in some cases, requiring that this standard be met ensures that Commission action is appropriately limited, so as not to unduly hinder or chill advertising of alcohol and tobacco products to adults.