Split 6th Circuit Says New Cigarette Warnings Are Constitutional

Split 6th Circuit Says New Cigarette Warnings Are Constitutional

LOUISVILLE, Ky. - Given that tobacco companies have learned to circumvent bans on marketing to minors, a divided Sixth Circuit U.S. Court of Appeals said March 19, the U.S. Food and Drug Administration's proposal for large, graphic warnings on packs pursuant to the 2009 Family Smoking Prevention and Tobacco Control Act (Pub. L. No. 111-31, 123 Stat. 1776 $(2009$)) does not violate the companies' First Amendment right against compelled speech (Discount Tobacco City & Lottery Inc., et al. v. United States of America, et al., No. 10-5234 and 10-5235, 6th Cir.).

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