Tobacco case decision highlights First Amendment limits to FDA’s marketing regulation


The FDA’s ability to regulate marketing suffered a blow last week when the U.S. District Court for the District of Columbia granted a motion for summary judgment to five tobacco companies that called unconstitutional an FDA rule mandating that certain images be added to specific warnings on cigarette packaging. “If courts refuse to allow this sort of regulation for tobacco products, which cannot be used safely, it’s fair to assume that many other FDA regulations governing speech are at risk,” said Coalition for Healthcare Communication Executive Director John Kamp. Read more.

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