Question

Although the FDA has issued a new rule requiring that cigarette packages bear graphic images warning of the health risks associated with smoking, it has been enjoined from enforcing this requirement until October 2021 while a federal court considers a legal challenge brought by several tobacco companies. In their suit, the tobacco companies claim that the rule compels them to speak an "anti-tobacco" message in violation of the First Amendment. Which of the following statements about this legal challenge is true?

		The tobacco companies will win because speech can never be regulated.
		The FDA will prevail if the court finds that the warnings are truthful and non-controversial statements and, following Zauderer v. Ohio,  applies rational scrutiny.
		Should the case proceed to the Supreme Court, Justice Thomas is the member of the Supreme Court most likely to side with the FDA.
		None of the above

Answer 1

In 2016, FDA finalized a rule extending our regulatory authority to cover cigars, and all other tobacco products, except accessories of those products. FDA regulates the manufacture, import, packaging, labeling, advertising, promotion, sale, and distribution of cigars.

Since 2009, FDA has regulated cigarettes, smokeless, and roll-your-own tobacco. FDA finalized a rule, effective August 8, 2016, to regulate all tobacco products. For background information on this milestone in consumer protection, see The Facts on the FDA's New Tobacco Rule.

On December 20, 2019, the President signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years. ... FDA regulates all tobacco products, including e-cigarettes, hookah tobacco, and cigars.

Rules to rise complain?

These rules apply to all "covered tobacco products" beginning August 8, 2016:

• Check photo ID of everyone under age 27 who attempts to purchase any tobacco product.
• Only sell tobacco products to customers age 18 or older.
• Do NOT sell tobacco products in a vending machine unless in an adult-only facility.
• Do NOT give away free samples of tobacco products to consumers, including any of their components or parts.

These rules, along with rules specific to each tobacco product, are listed below.