Scary Cig Labels - Central Hudson R.J Reynolds v FDA#1 Are...

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Central Hudson: R.J. Reynolds v. FDA #1 Are we looking at a restriction of truthful advertising for a legal product? Yes, the courts have ruled that “neither party seriously disputes” the fact that these labels are truthful info re: a legal product #2 Can the government prove substantial interest? Yes, the government is making an attempt use graphical warning signs to encourage current smokers to quit and dissuade other consumers from buying cigarettes. Hopeful that the cessation to reduce smoking rates in reducing the number of Americans, especially children and adolescents, who use cigarettes and other tobacco products. #3 Will restriction directly advance that interest? Although the government would suggest that the graphic warning signs may reduce smoking rates, their lack of evidence is underwhelming. Making their claims somewhat
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Unformatted text preview: misleading, in order for the regulation to advance the government’s interests based on “mere speculation or conjecture” is not sufficient enough interest. The government bears the burden of justifying its attempt to restrict commercial speech. Based on the lack of substantial evidence required by the APA we can assume there is no direct advance in reducing the number of Americans who smoke. There’s no evidence proving that such warning signs have caused a decrease in smoking rates in any of the countries that require them. #4 Is there a reasonable fit? No, the government cannot satisfy the burden of interests based on mere speculation and conjecture. Therefore it is not enough to stand on its own to carry out the regulation for graphic warning signs on cigarette packs....
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