...Powell rejected the “highly paternalistic” view that government has complete power to suppress or regulate commercial speech. Second, the Judge also believed that if the communication is neither misleading nor related to unlawful activity, the government’s power is more restricted. The government agency must assert a substantial interest to be achieved by restrictions on commercial speech. Moreover, the regulatory technique must be in proportion to that interest. Furthermore, the Central Hudson case set the standards as for whether a governmental restriction on speech is constitutionally admissible. It also provided several tests as for whether the restriction is constitutionally admissible. The Central Hudson case, as a key precedent, also developed a four-part analysis for similar cases. a) Determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. b) Examine whether the asserted governmental interest is substantial. c) If both inquiries yield positive answers, we must determine whether the regulation directly advances the governmental interest asserted and d) whether it is not more extensive than is necessary to serve that interest. I will discuss how the Central Hudson as a precedent applies in the following two tobacco cases according to the four-part...
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... Smoking problem in high school in Vietnam In recent years, the mass of media channels have so much propaganda about the dangers of smoking. However, many people still have not fully understood its harm on human health. This situation is common not only for adults but also for youth. In particular, the smoke of tobacco has crept into schools. According to a survey of smoking in the teenage, in Vietnam the smoking rate for male students was 6.5%, and 1.2% female students. Thus, for every 100 students, there are from 7 to 8 children smoking in the average. In Vietnam, 44% of boys and 12% of girls in high school in Ho Chi Minh City has this harmful habit’. This is the result of research that was conducted at 27 high schools in the city. There are 17% of students who smoke 6-10 cigarettes / day, and 6% of those who smoke 11-19 cigarettes / day; while many of them smoke 20 cigarettes per day (Data table from Cuong Bui, 2011, April 18). It is very clear for an alarming situation when the age of smoker is increasingly younger; the image of high school’s student with smoking presents almost everywhere. A teacher coming from Nguyen Du high school said: "The status of smoking is prohibited entirely in schools. However, most cases for smoking are occurred outside of school. Sometimes even some students hide in the toilet to smoke. “(L.T, 2003 January 17). Currently, “the rate of male students who smoke accounts for 32% - an afraid rate of 56% of Vietnamese men smoking” (Dam Duong...
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...The Unfairness and Vagueness of the MPAA Rating System Many people take notice of a film rating, whether in the theater or on the DVD case. The American culture, especially, relies very heavily on these ratings. Oftentimes, there is almost an incredible amount of trust put in them. But where did this trust come from, and is it really deserved? The Motion Picture Association of America (MPAA) determines the ratings on almost every film that is produced today. Although filmmakers are not required to have a rating attached to their films, the MPAA has great power in its ratings. After a close examination of the MPAA movie rating system, it is clear that there are many flaws both because of its unfair rating of different films and also because of its vague guidelines. Before the MPAA's rating system can be critiqued, it is important to understand society's need for censorship, the difficulty in rating, and the history and past critiques of not only the MPAA's rating system, but the other systems that came before it. It is impossible to look at the rating system without questioning the need for it in the first place. Media censorship is tricky, because it must “protect both free speech and children” (Jordan 235). There is a very tricky balance between these two sides. The American government recognizes the right to free speech. This means that, technically speaking, filmmakers are allowed to be able to express what they want to express in the way that they...
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...Name: Instructor: Course: Date: Teenage Smoking in Florida Smoking is a common demeanor in many individuals in the country. However, teenagers in Florida have developed the habit of smoking that raises a lot of concern. The teenage smoking frequently commences in schools with the majority of the cases being in the high schools. Also, important to note is the fact the residential nature of the teenagers also inflicts the habit of smoking in them. Teenage smoking has adverse effects on those who engage in this harmful behavior. Smoking results in various health complications in the teenagers. Research evinces that people who smoke consume close to 400 toxic chemicals including; cyanide, benzene, formaldehyde, nicotine, ammonia, acetylene and carbon monoxide. Early smoking increases the risk of teenagers later having emphysema, strokes and chronic bronchitis. Moreover, smoking diminishes the performance of the teenagers in school through decreased concentration and incessant truancy (HealthyChildren.org, 2014, p. 1). Teenage smoking in Florida begins as early as 12 years of age with the majority being between 14 years to 19 years of age. There are various causes of teenage smoking in Florida. Many will claim that the problem results from peer pressure whereby teenagers feel the pressure to imitate the demeanor of their peers. Another reason is that teenagers feel that smoking makes them look older or more mature. Others smoke out of a sense of rebellion. Most of the teenagers...
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...(TWO LETTERS) Due Date 4/1/2014. Topic :- The Massachusetts public smoking ban will be expanded to prohibit smoking in public parks, within one thousand feet of a building entrance and in all parking facilities. The ban will extend to electronic cigarettes as well. My purpose for this letter is to inform by expressing my happiness for the ban. This letter is addressed to my Senator and will be formal. March 31, 2014. Senator Elizabeth Warren U.S Senator For Massachusetts. 2400 JFK Federal Building, 15 New Sudbury Street. Boston MA 02203. Dear Sen. Warren. The recently enacted Massachusetts smoking ban is a wonderful idea. It brings joy to my heart that the legislature finally has gotten what concerned citizens such as myself have been trying to bring to the forefront for some time now. I believe that our entrance ways and parking facilities should and have to be smoke free. I also believe that we do not know the true effects of electronic cigarettes, but still very happy that it was included in the ban. It is my belief that all tobacco products should be banned even though some smokers believe that they are supporting the economy with the taxes imposed on such products. I believe that smokers want to levy their ideas against non-smokers because it is their right to. But they may be doing more harm than good. I am writing you today to emphasize that we should stand firm on the smoking ban. I will lend my support in any possible. I hope that these words will...
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...Increased tobacco taxes (e.g. 74.78% of retail cigarettes price) Prominent health warning labels with pictures Smoke-free legislation in public place with fines on smoking in these Bans on advertising Legal minimum age (18 years) Alcohol use (WHO, 2010) Excise tax on alcohol Set national legal age Set...
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...Smoking tobacco has generally fallen out of favour in society and become less popular than it used to be. As time progresses, it only seems as if the act of smoking itself becomes more and more stigmatized. Canadians continue to smoke, regardless of its harmful effects on themselves and the people around them, particularly children. Many younger children are involuntarily exposed to cigarette smoke and are vulnerable to health problems. Recently, Ontario legislature passed a new law that prohibits smoking in a motor vehicle in the presence of anyone under 16. Since Ontario is known to have the most strict anti-smoking laws, this may come as no surprise. It has been found that second hand smoke is much more concentrated in a vehicle than a smoker’s home. Some may argue that the law is limiting Canadian smokers’ rights and freedoms, which is a ridiculous notion. The anti-smoking legislation is necessary and does not infringe on smokers’ rights or freedoms. Medical research has already determined that nicotine is a very addictive substance and that dependence on nicotine has even been considered a psychiatric disorder that requires medical treatment. The health effects of second hand smoke can be immediate or long term to anyone, let alone children, which is why the anti-smoking legislation is necessary. The Canadian government has been slowly inching towards anti-smoking laws. For banning smoking in vehicles in the presence of children, it is purely reasonable. As health studies...
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...Medical Association decides that obesity is considered a disease. They believe that by declaring it a disease, people will be more aware of being obese. Although I agree that not everyone has control over their weight, I do think that the majority of the population does. By declaring it as a disease, it almost makes it ok to be obese. This change will allow people to use Medicare money to fix this problem that they created rather than them themselves making a lifestyle change and changing their diet and exercise habits. Their resolution compared lung cancer to obesity just because smoking is the main cause of lung cancer. Yes, smoking is a choice just like eating healthy and exercising is, but you can also get lung cancer from different sources like your genes. Some people truly do have a slow metabolism making obesity a really easy category to fall into. The way they measure obesity is by the BMI. This measurement can be very misleading. Body builders are a good example because they have a very high BMI but they are far from obese. I do think however that people who are classified as obese be somehow forced onto a strict diet before any weight loss surgery is even mentioned. With obesity now considered a disease, Medicare will be paying for many weight loss surgeries. With that said, those surgeries only work if the person is actually going to follow a strict diet. If they decided that they already had the surgery why do they need the diet, it’s not going to work and they will be...
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...People nowadays are more health-conscious than they used to be. They understand that good health is above wealth. To be healthy we should avoid different bad habits that can affect our health. In my opinion, smoking and drinking too much alcohol, are the worst ones. It's common knowledge that smoking and drinking can shorten our lives dramatically. Smoking, for example, causes a number of heart and lung diseases, such as pneumonia, emphysema and cancer. Besides, it makes your teeth yellow and skin unhealthy. Fortunately, in recent years smoking has received a lot of bad publicity, and fewer people smoke nowadays. Some companies don't employ people who are smokers. Smoking has been banned in most public places because everyone agrees it does harm to our health. I don't smoke, because I don't want to have unhealthy skin and teeth and die young. Smoking and drinking are joined by less dangerous habits, such as skipping meals, eating unhealthy food, or even overeating. Of course, they are not quite as deadly as smoking or drinking alcohol, but they also affect our health. If we eat too much, we'll become obese, and obesity leads to serious health problems. A lot of people like drinking coca cola and coffee, and enjoy pizzas and hamburgers. But what is tasty is not always healthy. Fast food makes you fat, that's why Americans are the fattest people in the world. In recent years eating habits have undergone a change. People are encouraged to eat less fat and more fibre. Fat is believed...
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...choices without affecting the welfare of the public around me.There are some choices of adults (those 18 years and above) however, that affect the welfare of people around them. This is the crime of SMOKERS!! Have you ever had an enjoyable meal at a restaurant interrupted by the whiff of cigarette smoke? These people must be so addicted to nicotine that they can’t stay away from the cigarette for an entire meal. Some restaurants have smoking and non- smoking areas but does that even make sense since smoke travels through air. Smoking areas must be enclosed, don’t you think? For the life of me, I do not understand why people should need to smoke in the first place. There is nothing good that comes out of it. You stand the risk of contracting coronary heart disease, mouth and throat cancer, lung cancer, not to mention bad breath and discoloured teeth. So why do people take to the cigarette? Azmi, 24, started smoking when he was at college in London to further his studies. Most of his English friends smoked and he started doing it to fit in. Smoking also helped him keep awake when he had to burn the midnight oil for his examinations. He got addicted from then on. Vega, 35, says that he comes from a family of smokers. His father and uncles smoked all the time and he found himself picking up the habit at the age of 19. Stella, 29, confesses she smokes when she is anxious and stressed. Some people smoke out of addiction while others smoke when they have to manage unpleasant situations...
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...BY: ALEENAF FAROOQ 14L-4277 Smoking is Injurious to Health SocIOLOGY TERM PAPER SIR SHAFQAT HUSSAIN CHAUHDRY Table of Contents: Contents Table of Contents: 1 Executive Summary: 2 Review of literature: 4 Definition of Problem: 5 Formulation of Hypothesis: 6 Research Plan: 6 Data Collected: 7 Surveys: 7 Interviews: 7 Findings: 8 Data Analysis: 13 Role of society: 13 restlessness in our society: 13 Lack of self expression: 13 Pleasure seeking: 14 Lack of appreciation: 14 lack of relief: 14 IRRESPONSIBLE BEHAVIOUR OF MEDIA: 15 Recommendations: 15 Conclusion: 15 Replication of Study: 17 References: 18 http://www.nhs.uk/Livewell/studenthealth/Pages/Smoking,alcoholanddrugs.aspx 18 Appendix: 19 Questionnaire: 19 Interview Questions: 20 Executive Summary: This paper identifies the reasons as to why people smoke despite of all the threats it poses to their health. It also clarifies if it is the society as well, or the smoker alone who should be blamed for falling a victim to this social evil. It also tries to makes them aware of the hazards of smoking to discourage them from this abhorrent addictive habit, so that they remain safe from all the fatal diseases it brings along. To discover the involvement of society in making a smoker, a survey and multiple interviews were conducted. These research methods pointed out various factors which make things easier to understand. Survey conducted can be...
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...Effects of Taxation on Cigarette Smoking In economics the demand elasticity refers to the sensitivity of the quantity demand for a product to the changes in price. This relationship correlates to the basic law of demand which states that if the price of a product or good increase, then the consumer demand would fall and decrease because of the change. However not all products follow this fundamental theory. In fact products that are considered addictive substances, such as tobacco and cigarettes can be the exception to this basic law because we must take into account not just the pricing but other factors such as time, usage, limitations, and restrictions. Imposing higher taxes on cigarettes will have a mix effect as to who the price increase affects. As noted in the Chaloupka article, “The effects of prices and tobacco”, paying higher taxes on cigarettes as well as placing stronger controls as to who is able to purchase them will lead to a reduction in the consumption of cigarette smoking. The article is supported by studies done in the early eighties and late ninnies, confirming the reduction is towards both adults and youths alike. However price sensitivity is significant in its responsiveness between youths and young adults than compared to adults; up to three times more sensitive. Some reasons as to why this may be, is due to the strict regulations and laws set by states and local governments that enforce and control the purchase of tobacco products to the consumer...
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...ago found that nearly 80% of American advertising executives from top agencies believed cigarette advertising does make smoking more appealing or socially acceptable to children” (p. 1). Children start by seeing smoking as a socially accepted habit in the short run, which evolves over time into cigarette smoking addiction. Tobacco advertisers want to ensure long-term and loyal customers in order to increase their revenue; accordingly, they pursue young children using different techniques for tobacco consumption since they lack knowledge, awareness, and maturity to develop rational thoughts and actions. Tobacco advertisers use a method called classical conditioning, in which they lead children to relate a specific object such as a character to feelings and emotions in their advertisements. For example, Liu (as cited in Hull, 2004) argues that the Marlboro Man that appears in a tobacco commercial can influence young boys by appearing strong and rough as he smokes tobacco. Moreover, tobacco advertisers can influence children by using cartoon characters as the ones smoking tobacco and showing how it is “cool”. This will change the child’s perception by creating a positive association between specific...
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...Abstract In the world of business, the advertising industry holds responsibility of providing promotions that fall under ethical boundaries and obey moral conduct. However, with the expansion and evolution of global communication, the fundamental meaning of human ethics has been progressively abused. This study’s central concern is the ethical dilemma plaguing advertisements in Lebanon. It focuses on how Lebanese people, especially the youth, are manipulated and influenced by the ethical digression exposed in advertisements. The three aspects examined were the portrayals of sexual appeals, alcohol and tobacco since they represent the most mistreated issues. The study used an electronic survey consisting of ten questions intended to depict the opinions of Lebanese people on current advertisements. It was found that the male and female participants mutually find present ads to be inappropriate when considering these aspects. Alcohol, tobacco and sexual portrayals pose a concern to the participants rendering them unethical. A general consensus proposed stricter regulatory measures to be taken against such advertisements. Lebanese advertisers must venture for opportunities and methods to publicize ideas and products without submitting them to immoral standards. Further recommendations and research gaps are presented in the study. Introduction: The Ethical Predicament of Advertisements: An in-depth study of publicizing tobacco, alcohol and sexual appeals. Imagine a...
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...Vioxx Mass Tort Case Molly Waters HCM 5300 Professor Clark September 8, 2012 Vioxx Tort Case Pharmaceutical companies make new medications every day. These drugs go through rigorous testing and trials before they are put on the market for the public. Sometimes even after all of these tests and trials, drugs can cause major problems after they have been put in to the public market. When problems arise these drugs are normally taken off of the market for further testing, or off of the market for good. Law firms will then take on consumers cases to sue the pharmaceutical company. These are called tort lawsuits and if there are enough people suing then it is a mass tort lawsuit. This paper will look at the mass tort lawsuit against Vioxx. It will explain the problem, how it was addressed by the company, and who was found at fault. Vioxx is drug that was developed by the pharmaceutical company Merck. It was introduced in mid- 1999. Originally Vioxx was a medication that was prescribed to patients for pain. The drug was not on the market for too long before the drug was pulled off of the market. In 2004, Merck pulled the drug off of the market for good on reports that the painkiller increased risk for heart attacks and strokes in patients using it (Voreacos & Johnson, 2010). In the specific case of Merck&Co. vs Garza, the estate of Leonel Garza sued Merck over Mr. Garza’s untimely death. Mr. Garza had started taking Vioxx on March 27, 2001 after visiting his cardiologist...
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