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
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

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

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

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.

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