I'm different than CC in that I just don't care if it is illegal since (IMO) it shouldn't be. Just because someone does something illegal doesn't make them evil (Dr. Martin Luther King Jr.).
But, yes, it is similar to smoking cigarettes. It is something that makes him less of a role model. I mean, Gretzky was condemned for promoting cigars. If a company using Wayne felt that the negative publicity would make him less of a role model and they decided to go another way with their advertising dollar, all the power to 'em....
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