Food and Drug Administration tobacco warning labels. Credit: U.S. Fifth Circuit court exhibit. It Took a Decade, But FDA Wins Case Over Tobacco Warning Labels
U.S. Fifth Circuit Judge Jerry Smith concluded the district court erred when finding the government compelled speech caselaw the FDA relied upon did not apply.
March 22, 2024 at 02:51 PM
3 minute read
What You Need to Know
- The Food and Drug Administration overcame a First Amendment challenge on its second effort in a decade to pass tobacco product warning labels.
- On remand, the tobacco companies can still raise an Administrative Procedures Act challenge.
- In 2014, the D.C. Circuit rejected an earlier version of the warning labels on a First Amendment challenge.
Ten years after the Food and Drug Administration struck out on its first swing at enforcing new tobacco product warning labels, the agency got a win at the U.S. Court of Appeals for the Fifth Circuit.
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