The proposal to allow the U.S. Food and Drug Administration (FDA) to regulate tobacco amounts to "massive censorship" and unconstitutionally restricts commercial free-speech rights, according to a trio of leading advertising trade groups.

AdAge reported Feb. 27 that the Association of National Advertisers, the American Advertising Federation, and American Association of Advertising Agencies wrote to leading bill sponsor Sen. Edward Kennedy (D-Mass.) to object to the measure, including proposed bans on outdoor ads near schools and playgrounds and giveaways of promotional items, large warning labels on cigarette packs, and limiting tobacco ads to black-and-white text.

"While the government has a legitimate interest in fighting the use of tobacco products by minors, the FDA's proposed regulations sweep far too broadly and result in massive censorship of truthful speech aimed at adults," the three ad groups said, adding: "Advertising is not free. The multiple disclosure requirements would literally 'seize' a substantial portion of the company's space and conscript it for government-mandated messages."

The groups expressed concern that the limits aimed at tobacco companies could later be extended to other industries, such as alcohol or food ads. "Don't start down this road to content-based censorship of advertising," the groups wrote.

Kennedy said that, "If we are serious about reducing youth smoking, FDA must have the power to prevent industry advertising designed to appeal to children wherever it will be seen by children. This legislation will give FDA the authority to stop tobacco advertising that glamorizes smoking to kids."