SEP-20-199~_ 1-:-45 PR0M LZ PDUEPTM~ING "NC '~Y TG P.e02zeO4
    V Adjertid]3g. Inc-
    NUMORANDW
    Date:  Sep. 20, 1993
    To: Kelvin Ling, Clive Smitb-Langridge
    From. Toseph Lain
    Re: Advertising on Videos
    WE
    The attached letter is from the legal coumel of the largest distributor of pre-
    recorded videim in the Chinese Community, and is, mirabile dictu, a masmipiece
    of clarity rare in the legal profession.
    According to current federal, state, and city laws, advertising tobacco products
    on videos fbr private viewing is peelectly legal.
    lle various regulatory agencies and government departments involved are
    concerned only with aver-die-air transmission of cigarette adverdsing, hence the
    use of the term *medi= of Electronic Communications' which is regulated by
    the Federal Cmmunications Commissicm (FCC).
    We -hope that this letter will answer y= =ncerns. As we have noted, videos of
    Song Kong and Taiwan-made progr=ming are extremely popular, and offer a
    wide range of choi=. We can easily f-Ind many programs which will be of
    greatest intercst to our primary targ=.
    r am looking forward to hearing ftDm ycu soon.
    0
    CD
    T -
    BATCo document for Legal Services : Health Canada 19 October 1999

    




    BEP-20-IS9Z PDQ~,Tlc-:~.G :Nr- TZ 31-'C"?G444GG53
    j
    YUEN & YUEN
    Affar,SW At L.CW
    1 90 LAFAYVM St.. SMI aM Po W. YUen M KNCLUA=D MAD
    NEW YCRLMY. IM13 vercni= C?1CM Yuen SUITE IM
    TEL- C212396644M "TTE PLAJM N.Y. I=
    (212:227-)9a 01OWn ic IZL- (91-0 422-(X)36
    FAX C272) 966-"31  "1 (9T4) 9A94M
    September 13, 1993
    Jack No,
    President,
    Ux zntarprilses' Inc.
    61.A Walker Street,
    Now TOX-to NOW York
    Dear Zack,
    Pu=uant to yorr request to check if 71doo tape advertisinq
    of tobacco products is Prohibited by varl=s government agencies.
    The following 13 a zu=zuLx7 of a= research:
    No cannot find any laws f== the stato and city of New York
    which. potentially would prohibit such adver-tisinq efforts.
    We found on the federal level that FCC prohibits ad7ertisinq
    of tobacco productz under ?CC,x jurlsd=tiou, upon further
    research under 15USCA See-t- 1335 that Tobacco p=ducts caz=t be
    advert-ised on any =odium of ojectronic cc=munjcatjcms subjec-. to
    tba jur-ixdiction of zhe FCC. , Ho"Ver , the texm "MOKU am of
    elect--onic comzm=icat-'cn" did not Lnalude v--Ideo tape.
    We then called FCC to try to vezily that video tape
    advertising, do nct !all within the defin-tion of omodj= of
    electronic causiunications 0. The conclusion reached attar
    dis=ssid3l. with FCC is tbAt indeed" video tape* advertising does
    ,not fall within the defir-1 bon of =edjum of electron_4c
    COMMxn1cations ". I was further referred to confij:m with the
    C4neral Cou-nael's office of the Justice Depa=vAnt. Attar
    discussicn with the Genaraj cctirgLel,a o:!:Eice Of the justIce
    DePax=ent, it was confirmed t~:at *videc ta-pe adva=jsjzq do" not
    fall within the definit-or. of "Wediam of slectronic
    cazmmicstions 0.
    - Based = t2le abov"s ressexch, we can co-Ldently conzlude that
    Placing tobacco Product adVert.Lsaxents 0:1 Video tape would =ot in
    violation of any current laws, either local ~r federal.
    - Con I t
    CD
    cc
    BATCo document for Legal Services: Health Canada 19 October 1999

    




    3~-2D-1993 1":46 FROM L3 ADVERTiBILNG 74C N' T3 OC4,'004
    4.
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    Thank Y= for your Laqujzy-
    V‚ry =U'y y‡Ur3r
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    BATCo document for Legal Services : Health Canada 19 October 1999