Analysis

Will FDA Cigarette Warnings Pass Constitutional Scrutiny?

Law360 (August 15, 2019, 9:13 PM EDT) -- After losing a First Amendment challenge over graphic cigarette warnings seven years ago, the U.S. Food and Drug Administration on Thursday released proposed warnings zeroing in on the specific, lesser-known risks of smoking. But whether these warnings pass constitutional muster may come down to whether the agency can show that they work.

One of 13 warning images the new FDA rule will require on all packages of cigarettes. The FDA's first set of graphic warnings were shot down by the D.C. Circuit in 2012 on the grounds that the images, such as a set of cancerous lungs, were unconstitutionally compelled speech...

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