Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: December 29, 2016
The Firm
201-896-4100 info@sh-law.comProduct placement is a regular part of entertainment, so much so that viewers often dismiss brand-name items they see every day.
Of course, the film industry has drawn quite a bit of criticism over its product placement practices, particularly when it comes to cigarettes, alcohol and other harmful substances. In fact, activist Timothy Forsyth, who resides in the San Francisco Bay area, recently took several film industry institutions to court over how they used smoking in movies. If successful, the suit would have been one the largest changes to entertainment law in recent years.
According to Entertainment Law Digest, Forsyth sued the Motion Picture Association of America, the National Association of Theatre Owners and six big film studios earlier this year. Forsyth hoped to enact an injunction that would require the MPAA to assign films “R” ratings for films that depicted actors smoking cigarettes.
On Oct. 28, U.S. District Judge Richard Seeborg heard Forsyth’s argument that neglecting to protect young viewers from images of tobacco consumption increases the likelihood of them picking up the habit later in life, according to Courthouse News. Forsyth cited research from the World Health Organization and American Medical Association, both of which advised the film industry eliminate smoking in films produced for young audiences.
Forsyth’s attorney David Schachman argued against film industry attorneys Kelly Klaus and Roger Myers, who cited conclusions regarding free speech from the Supreme Court.
“This is not a case where plaintiff (sic) is trying to hold defendants liable for something said; rather something unsaid,” said Klaus, as quoted in Courthouse News. “They are forcing defendants to express opinions they want us to express.”
The crux of Klaus’s statements was that films aren’t actively promoting cigarettes. For example, it’s not as if the characters within the types of films Forsyth and Schachman criticized consistently say “you should buy cigarettes” or something of that ilk.
In the Oct. 28 hearing, Seeborg noted that PG-13 guidelines state “some material may be inappropriate for children under 13.” From his perspective, this statement did not intentionally mislead viewers into thinking smoking was safe.
On Nov. 10, Seeborg dismissed the suit, maintaining that film ratings are regarded as expressions of free speech, as well as protected from lawsuits under California’s anti-SLAPP statute.
“[The Classification and Rating Administration] holds First Amendment rights to express its opinions that are reflected in the ratings system,” said Seeborg, as quoted by Entertainment Law Digest. “Even focusing on the certification marks alone, that right precludes the basic relief Forsyth seeks in this action – forcing CARA to express different or additional opinions.”
Seeborg noted that, due to the deficiencies in Forsyth’s case – the main one being that he claims the MPAA’s rating system intentionally misleads consumers – it’s unlikely the plaintiff would be able amend his claim to pursue further action.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Anthony Caruso, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!