One of the key phrases (imho) in there is "in a close case". So basically, this would come in to play at the point that they have decided something could be obscene, so most of the commercials are out of it. For use in the toothpaste commercial, they would have to be looking at the product "toothpaste" as a possible obscenity before they would look at the advertisement for the toothpaste.
It is far less likely that they would look at a tube of toothpaste as a possible obscenity then it is they they would look at a site or gallery catering to the "Barely legal teens getting their asses split open" niche
