26 Vand. J. Transnat'l L. 149 (1993-1994)
Tobacco Proves Addictive: The European Community's Stalled Proposal to Ban Tobacco Advertising

handle is hein.journals/vantl26 and id is 161 raw text is: NOTES
Tobacco Proves Addictive: The
European Community's Stalled Proposal
to Ban Tobacco Advertising
ABSTRACT
This Note examines the recent initiative to ban tobacco advertising
within the European Community. The Note first addresses the European
Commission's proposed directive, exploring the Commission's stated justi-
fications as well as the opposing member states' procedural and legal
objections. This Note then analyzes the European Community debate by
comparing it to the United States movement to ban tobacco advertising.
The author concludes that, like its United States counterpart, the Euro-
pean proposal is ill-fated, and that failure to reach a consensus on con-
troversial proposals such as the tobacco advertising ban seriously under-
mines completion of a true internal market envisioned in the Treaty of
Rome.
TABLE OF CONTENTS
I. INTRODUCTION .................................... 150
II. THE PROPOSAL: HISTORY AND IMPLEMENTATION...         153
A.   History of the Proposal ....................   153
B.   The Proposal of the Directive in Detail .......  155
C.   The Commission's Purpose in Adopting the Pro-
posal  ....................................    156
D.   The Commission's Justification for the Proposal  157
1.   Nexus Between Cigarette Advertising and
Smoking Initiation and Maintenance ......  158
2.   Narrowly  Tailored  ....................  159
3.   Voluntary Codes Are Not Effective .......  159
4.   Public  Support ........................  160

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