How about health ad ("Smoking kills") ?
How about mentioning a product in health ad (Smoking kills. Nicotine patches help you quit smoking)?
Traditionally, the government setup some regulatory body to oversee these kind of exemptions. These body often corrupt over time. Is a corrupted regulatory body better than no exemptions allowed?
Do we want the legal text cover all cases and become so dense that nobody can comprehend? Or do we want some simple rules and live with the possible unintended consequences?
and the most important question : People hate changes and some industries need to rethink their own business. How could we get people agrees on this in a democratic setting?