Indie band article in Rolling Stone not 'transformed' by proximity to cigarette ads, rules Cal appeals

A unanimous three-justice panel at California's 1st District Court of Appeal dismissed a suit brought by a class of indie rockers that claimed the layout of a story featuring them in Rolling Stone made it look like the bands endorsed cigarettes.

The editorial piece "Indie Rock Universe," which ran in the November 2007 issue, was ensconced in four pages of ads featuring photographic collages that touted Camel cigarettes and the brand's support of independent record labels. The bands sued, and Alameda County Superior Court Judge Bonnie Sabraw denied Rolling Stone 's motion to strike the suit because a trier of fact could conclude that the feature had been "transformed" into commercial speech by its proximity to the Camel ads.

But the appellate panel disagreed, saying there was no evidence that R.J. Reynolds and Co., Camel's parent company, had influenced the magazine's editorial decisions. "Simply put, there is no legal precedent for converting noncommercial speech into commercial speech merely based on its proximity to the latter," Justice Robert Dondero wrote.

Full story at The Recorder.