Tobacco Regs Don’t Violate Free Speech, Obama Administration Argues

Lawyers for the federal government vigorously defended the Food and Drug Administration’s (FDA) right to regulate marketing of tobacco products, the Associated Press reported Oct. 1.

Tobacco companies R.J. Reynolds and Lorillard Inc. filed suit in federal court to block a new law giving FDA power to restrict tobacco marketing — such as the use of terms like “light” and “low-tar” to sell cigarettes — saying the law infringes upon their free-speech rights. But the Obama administration said the restrictions were a reasonable response to the public-health threat posed by tobacco use.

“The health risks associated with tobacco use and nicotine addiction are overwhelming and incontrovertible,” according to a federal brief filed in the case. “Tobacco use is not only deadly but also addictive.” Other health groups also filed papers in favor of the law, saying the restrictions pass constitutional muster and are aimed at countering “decades of false health claims that have misled millions of smokers.”

The lawsuit was filed in U.S. District Court in Bowling Green, Ky.