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Judi Lynn

(160,644 posts)
Wed Feb 29, 2012, 05:21 PM Feb 2012

Tobacco health labels violate free speech, judge rules

Source: Reuters

Tobacco health labels violate free speech, judge rules
U.S. judge sides with tobacco companies by opposing regulation requiring graphic health warnings on packaging
updated 2 hours 34 minutes ago

WASHINGTON — A U.S. judge sided with tobacco companies on Wednesday, ruling that regulations requiring large graphic health warnings on cigarette packaging and advertising violate free-speech rights under the U.S. Constitution.

Cigarette makers challenged the U.S. Food and Drug Administration's rule requiring companies to label tobacco products with images of rotting teeth, diseased lungs and other images intended to illustrate the dangers of smoking.

"The government has failed to carry both its burden of demonstrating a compelling interest and its burden of demonstrating that the rule is narrowly tailored to achieve a constitutionally permissible form of compelled commercial speech," U.S. District Judge Richard Leon said.

While educating the public about the dangers of smoking "might be compelling, an interest in simply advocating that the public not purchase a legal product is not," Leon wrote in a 19-page ruling.


Read more: http://www.msnbc.msn.com/id/46577000/ns/health-addictions/

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Tobacco health labels violate free speech, judge rules (Original Post) Judi Lynn Feb 2012 OP
Big Tobacco bought a judge? onehandle Feb 2012 #1
This is the same judge who ruled against the FDA Ruby the Liberal Feb 2012 #5
I bet the judge is a W appointee anti-alec Feb 2012 #2
yes he has served in 2002 thus a W nominee alp227 Mar 2012 #7
This is really the only proper decision. PSPS Feb 2012 #3
There's NO REASON but politics not to make the stuff Schedule I saras Feb 2012 #4
And now let's welcome: Denis Leary Devil_Fish Mar 2012 #6

Ruby the Liberal

(26,219 posts)
5. This is the same judge who ruled against the FDA
Wed Feb 29, 2012, 08:15 PM
Feb 2012

when they wanted electronic cigarettes classified as 'drug delivery devices'.

PSPS

(13,620 posts)
3. This is really the only proper decision.
Wed Feb 29, 2012, 07:17 PM
Feb 2012

A similar argument could be made for alcohol and pharmaceutical products. I can understand the motivation behind the rule, but singling out one product for this kind of treatment isn't the way to go.

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