Leslie Massey
While it is rare for commercials to be banned by the US government, it does happen. The Federal Trade Commission (FTC) has the authority to regulate unfair or deceptive advertising, and the Federal Communications Commission (FCC) has its own set of regulations regarding advertising on broadcast television and radio. For instance, the FTC led to the 1971 ban of radio and television advertising of cigarettes. In addition, the US has seen bans on broadcast advertising of spirits and hard liquor, though these were not imposed by the government. Interestingly, an Australian television commercial, So where the bloody hell are you?, was banned in the UK and Canada but not in the US.
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What You'll Learn
Australian TV ad bans in 2012
In 2012, 11 ads were banned from Australian television. One of the banned ads was for Compare Travel Insurance, which featured an obese man being massaged by an Asian woman who appeared to be disgusted and repulsed by him. Another banned ad was for Leading Edge Telecoms, though the footage for this ad was no longer available online.
The National Stroke Foundation's ad was also banned following complaints that it caused distress to viewers. The ad was modified to meet advertising standard guidelines. Additionally, an ad for Holden Colorado was banned due to concerns that it demonstrated incorrect vehicle recovery techniques, which could have potentially fatal consequences.
One ad, in particular, sparked concern among viewers about unsafe driving and the potential influence on children. The ad, featuring a child enjoying herself in a vehicle, was banned as the Ad Standards Bureau noted that it could potentially encourage other children to mimic the actions.
It is worth noting that Australia has specific rules regarding the proportion of Australian-made ads on commercial TV. At least 80% of ads aired between 6 am and midnight must be Australian-made.
While there is no information on whether these banned Australian TV ads were aired or banned in the United States, it is interesting to see the range of reasons for their bans in Australia.
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US alcohol ad bans
Alcohol advertising is protected under the First Amendment as long as it does not promote unlawful activity and is not misleading. However, it can be regulated. The Federal Trade Commission (FTC) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) can restrict deceptive, misleading, or unfair alcohol advertisements. The Federal Alcohol Administration Act (FAAA) authorises these agencies to act against untruthful alcohol advertisements and those touting therapeutic or curative values. For example, the ATF often took the position that using athletes in alcohol advertisements is deceptive because it implies that drinking alcohol can enhance athletic performance.
In the United States, spirits advertising has self-regulatory bodies that create standards for the ethical advertising of alcohol. The main concern is where advertising is placed. Currently, the standard is that alcohol advertisements can only be placed in media where 71.6% of the audience is over the legal drinking age. Alcohol advertising's creative messages should not be designed to appeal to people under the age of 21. Using cartoon characters as spokespeople is discouraged, and advertising cannot promote brands based on alcohol content or its effects. Advertising must not encourage irresponsible drinking.
Some countries, such as France, Norway, Russia, Ukraine, Myanmar, Sri Lanka, Kenya, and Kazakhstan, have banned all alcohol advertising on television and billboards. In Norway, advertising for alcohol has been under a total ban since 1975. In Russia, advertising alcohol products has been banned from almost all media (including television and billboards) since January 2013. Before that, alcohol advertising was restricted from using images of people drinking since the mid-2000s. In Sweden, since 2010, advertisements are legal for wine and beer but not on television and radio. Non-periodic magazines are allowed to advertise alcoholic beverages above 15%, and these advertisements must contain warnings.
In the US, television industries voluntarily banned hard liquor advertisements until 1996. However, with some cable networks now airing these ads, major network broadcasters may eventually join them. Some believe that alcohol advertising should be banned or restricted because it encourages alcohol consumption, which can be detrimental to public health. However, others claim that a total ban on alcohol advertising is unlikely to pass constitutional muster. Courts have been unwilling to allow regulations that do not meet the Central Hudson test.
Bans and restrictions on alcohol advertising can be impactful and cost-effective measures to protect children, adolescents, and abstainers from the pressure to start consuming alcohol. Scientific research has demonstrated a correlation between alcohol advertising and alcohol consumption, especially among initially non-drinking youth. A systematic review of 13 longitudinal studies of over 38,000 young people found evidence of an impact of media exposure and alcohol advertising on subsequent alcohol use, including initiation of drinking and heavier drinking among existing drinkers. A country-by-country analysis showed that in all polled countries, the majority of respondents would favour an alcohol ad ban.
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US cigarette ad bans
Nicotine is highly addictive, and marketing nicotine-containing products is regulated in most jurisdictions. Regulations include bans and regulation of certain types of advertising, and requirements for counter-advertising of facts generally not included in ads.
In the United States, cigarette TV ads are banned, but similar TV ads for e-cigarettes are not. The U.S. Cigarette Advertising and Promotion Code incorporated a voluntary ban on paid cigarette product placement in 1991, and the 1998 Master Settlement Agreement banned the practice in the US. However, this did not seem to have an effect on the appearances of cigarettes in American movies. In 2003, some tobacco companies agreed to request that their brands not be used in film depictions of smoking after a request from the California Attorney General.
The tobacco industry spends tens of billions of US dollars each year on advertising, promotion, and sponsorship to sell their products. In 2022, the industry spent over $8.3 billion on marketing cigarettes and smokeless tobacco, with nearly $51.4 million spent on point-of-sale advertisements. Tobacco companies target young people with their advertising, and worldwide, 78% of students aged 13 to 15 years report being exposed regularly to some form of tobacco advertising. Research has shown that youth who are more frequently exposed to tobacco promotion are 60% more likely to have tried smoking and 30% more likely to be susceptible to future smoking.
To combat the influence of tobacco advertising, some US states and localities have implemented point-of-sale advertising restrictions, which are expected to reduce youth uptake of tobacco products. The Family Smoking Prevention and Tobacco Control Act gave state and local governments the authority to enact these restrictions to address public health concerns, especially protecting youth from the harms of tobacco. The Act also banned the use of vending machines and product sampling (except in adult-only facilities) and restricted the sale of tobacco in retail establishments to face-to-face transactions. Certain localities and states have also banned the sale of flavored tobacco products and prohibited coupons and discounts.
In addition to state and local regulations, the Food and Drug Administration (FDA) has implemented various restrictions on tobacco advertising. For example, the FDA has prohibited the use of descriptors such as "light," "mild," or "low" in the labeling or advertising of tobacco products. The FDA also requires all tobacco product advertisements to bear warning statements, occupying at least 20% of the advertisement and printed in at least 12-point font size. Manufacturers, retailers, and distributors are also prohibited from sponsoring any event or team that uses the brand name, logo, symbol, or any other indicia of product identification associated with cigarettes or smokeless tobacco.
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US ad bans on political content
Political advertising is a highly regulated area, and bans on political content in advertising are often the subject of debate. While I cannot find specific instances of Australian television commercials being banned in the United States, there are some examples of US ad bans on political content.
Texas
In May 2025, the Texas State House passed HB 366, which addresses the use of digitally altered media in political campaigns. The bill requires any digitally altered media used by a candidate or campaign group that spends over $100 on political advertising to be labelled as such. This includes synthetic content created with the aid of AI, often referred to as "deepfakes", which can appear to show people saying or doing things they never did. While some have criticised the bill as a ban on political memes, it specifically targets misleading content and seeks to address concerns about the spread of misinformation.
Mexico
In April 2025, Mexican politicians criticised a Trump administration publicity campaign aimed at discouraging illegal migration. The ads were created by the Secretary of Homeland Security, Kristi L. Noem, and were broadcast in Mexico, Guatemala, Honduras, El Salvador, and the United States. Mexican politicians, including President Claudia Sheinbaum, accused the ads of portraying migrants in an insulting manner and failing to respect Mexico's sovereignty. In response, Sheinbaum's party, Morena, which holds a majority in Congress, pledged to pass a law prohibiting the transmission of such foreign "propaganda" on major TV and radio channels.
China
Chinese social media platforms WeChat and RedNote are popular tools for political campaigning in Australia, particularly among politicians seeking to reach Chinese-speaking voters. However, WeChat bans political advertisements and campaigning, while RedNote limits the visibility of political accounts through shadowbanning. As a result, political figures often work with Chinese-language media or influencers to bypass these restrictions, undermining transparency and accountability in political communication.
Google has specific policies regarding political content on its platforms, which vary by region. For example, during an election period in Canada, Google prohibits ads that feature issues associated with federal political parties or candidates. In France, Google prohibits ads containing informational content relating to a debate of general interest during the three months before a general election. Google also has requirements for political and election advertising based on region, such as requiring election ads to be verified by Google in certain areas.
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Australian ad censorship
Australia does not have explicit freedom of speech in any constitutional or statutory declaration of rights. However, there is an "implied freedom of political communication" recognised in Lange v Australian Broadcasting Corporation. Standards for television, radio, recorded music, the press, and most commercial advertising are enforced through industry self-regulation.
In 2012, 9News reported on eleven ads banned from Australian TV. These included ads by Compare Travel Insurance, Subway, Suzuki Australia, Ultra Tune Australia, and the National Stroke Foundation. The reasons for their bans included the glorification of unsafe driving, false advertising, and disturbing content.
In 2006, Australia's Tourism Australia launched a campaign featuring Australians preparing for visitors to their country. The ad, which ends with a bikini-clad model stepping out of the ocean and asking, "So where the bloody hell are you?", was banned in the United Kingdom and Canada. However, it was allowed to run in the United States.
In recent years, Australia has faced criticism for its censorship laws, with some arguing that the country is becoming a world leader in censorship. There have been concerns about restrictions on online expression and the suppression of social media content. Additionally, Australia has been criticised for censoring a Canadian man's social media post, with some arguing that this infringes on free speech rights.
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Frequently asked questions
No, Australian television commercials have not been banned in the United States. In fact, an Australian tourism campaign featuring the line "So where the bloody hell are you?" was allowed to run in the United States without any adverse action, despite being banned in the United Kingdom and Canada.
The commercial was banned in the United Kingdom due to its controversial nature, as it was deemed inappropriate for a tourism campaign. In Canada, it was banned due to the implication of "unbranded alcohol consumption" and the use of the word "hell" as an expletive. The United States, however, did not find the commercial in violation of their standards.
Advertising bans in the United States are often controversial due to the value placed on freedom of expression. While it is rare for commercials to be banned by the government, it does happen, especially for unfair or deceptive commercials. The Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) play key roles in regulating commercial advertising and have specific guidelines and restrictions in place.
