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Saturday, August 25, 2012

More on mandatory tobacco warnings

A divided panel of the D.C. Circuit on Friday struck down FDA regulations requiring graphic warnings on cigarette packages, affirming, through different legal analysis, the district court and parting company with the Sixth Circuit, which upheld the graphic requirements. This case almost certainly will be in SCOTUS in March or April--we have a circuit split, one (divided) decision striking down a provision of federal law, and fundamental disputes about standard of scrutiny and the government's power to inform and influence the public through compelled commercial speech. In addition, reading the opinions shows how these compelled-speech concerns tie back to both mandatory ultra-sound laws and regulations of crisis pregnancy centers, so this case has much broader effect.

Posted by Howard Wasserman on August 25, 2012 at 08:13 AM in Constitutional thoughts, First Amendment, Howard Wasserman | Permalink


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By giving the warning in package of cigarette is really waste. Instead of doing such things, better govt should take the serious steps to banned the tobacco completely. Thanks for the post.

Posted by: Daniel | Sep 1, 2012 12:29:15 AM

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