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.

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger
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!