Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Judge: Film Product Placement Not Putting Lives at Risk

Author: Scarinci Hollenbeck, LLC

Date: December 29, 2016

Key Contacts

Back

Product 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. 

Argument for more stringent rating standards

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.

Judge dismisses the case

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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"
What Founders Can Learn From Start-up Suits post image

What Founders Can Learn From Start-up Suits

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]

Author: Dan Brecher

Link to post with title - "What Founders Can Learn From Start-up Suits"
Corporate Governance Reviews: A Practical Guide for New Jersey Companies post image

Corporate Governance Reviews: A Practical Guide for New Jersey Companies

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

Author: Ken Hollenbeck

Link to post with title - "Corporate Governance Reviews: A Practical Guide for New Jersey Companies"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!