Aug 28, 2012 D.C. Cir. strikes FDA’s cigarette labeling regulations on First Amendment grounds
Last Friday, the D.C. Circuit, 2-1, applied strict scrutiny in delivering the tobacco industry a First Amendment victory over the FDA’s regulations requiring anti-smoking graphics on cigarette packages and ads. R.J. Reynolds, et al., v. FDA, et al. ___ F.3d ___ (D.C. Cir., Aug. 24, 2012). The dissent objected to applying strict scrutiny, seeing this matter as being about commercial speech deserving of less First Amendment protection.
I anticipate en banc review. Blogger Jonathan Turley observes that this case creates a split in the circuits, due to an opposite ruling in the Sixth Circuit.
Praised be this victory for the First Amendment, regardless of what one thinks about cigarettes/cancer sticks.