Tobacco Ad Restrictions Overturned


Yesterday a federal judge in Kentucky overturned two speech restrictions imposed by the law that authorized the Food and Drug Administration to regulate tobacco products. U.S. District Judge Joseph H. McKinley Jr. agreed with R.J. Reynolds and other tobacco companies that Congress violated the First Amendment by trying to ban color and pictures from outdoor ads, indoor ads (except those in adult-only businesses), and print ads carried by publications with significant underage readerships. He also overturned a provision that prohibits tobacco companies from telling consumers their products are regulated by the FDA, lest that fact mislead people into believing that cigarettes are any safer than they used to be.

Last June I asked, "How Long Will the New Tobacco Ad Restrictions Last?" The answer is either "about six months" or "they will never take effect," since they never did. I discussed the first rule of FDA regulation (You Do Not Talk About FDA Regulation) here and here.

[via The Rest of the Story]