Analysis

FDA Faces Free Speech Issues With Juul Warnings

Law360 (September 10, 2019, 10:52 PM EDT) -- Public health advocates see the U.S. Food and Drug Administration's crackdown on e-cigarette maker Juul's marketing as "too little, too late," but the agency could be trying to avoid a First Amendment fight down the road, experts say.

The FDA sent a warning letter to Juul Labs over its advertising on Monday, a move that came in the wake of a  congressional hearing where lawmakers heard testimony that Juul representatives had claimed the company's products are much safer than traditional cigarettes. Such claims, known as modified risk claims, haven't been approved by the FDA — and the agency has never signed...

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