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The FDA and Graphic Cigarette-Pack Warnings — Thwarted by the Courts
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The FDA and Graphic Cigarette-Pack Warnings — Thwarted by the Courts
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Journal Article
The FDA and Graphic Cigarette-Pack Warnings — Thwarted by the Courts
2013
Overview
The Obama administration has decided not to appeal a court ruling that found the FDA's mandated graphic warnings for cigarette packs unconstitutional. Clearly, efforts to limit commercial speech in the United States face strong constitutional and political constraints.
On August 24, 2012, in
R.J. Reynolds Tobacco Company v. Food and Drug Administration,
the U.S. Court of Appeals for the District of Columbia ruled that the regulations proposed by the Food and Drug Administration (FDA) mandating the inclusion of graphic warnings on cigarette packs (see photo) violated the First Amendment: they would compel companies to express antitobacco messages on their own dime. Seven months later, on March 14, 2013, the Department of Justice announced that the government would not appeal that decision to the Supreme Court.
In explaining the decision not to defend the regulations, which had been developed . . .
Publisher
Massachusetts Medical Society
