View the step-by-step solution to:

Question

The FDA was challenged by tobacco companies for its new rules that required the tobacco companies to put one of

the FDA's 12 picture labels on its packaging. The tobacco companies argued that their First Amendment rights were violated by the rules, forcing them to speak in a certain way using government-mandated materials. The new labels were promulgated by both the FDA and the Department of Health and Human Services (HHS) pursuant to authority granted by Congress in 2009 under the Family Smoking Prevention and Tobacco Control Act.

Under the law, the following nine textual statements were to be included on cigarette labels:

  • WARNING: Cigarettes are addictive.
  • WARNING: Tobacco smoke can harm your children.
  • WARNING: Cigarettes cause fatal lung disease.
  • WARNING: Cigarettes cause cancer.
  • WARNING: Cigarettes cause strokes and heart disease.
  • WARNING: Smoking during pregnancy can harm your baby.
  • WARNING: Smoking can kill you.
  • WARNING: Tobacco smoke causes fatal lung diseases in nonsmokers.
  • WARNING: Quitting smoking now greatly reduces serious risks to your health.

The act required that these warnings and graphic labels take up 50 percent of the cigarette package label and 20 percent of all cigarette ads.

After publishing the proposed rule and receiving more than 1,700 comments, the FDA published its final rule in June 2011.


how could the tobacco companies could challenge the rules.


will the rules will be set aside.

what is an administrative agency and the purpose it serves, specifically what the FDA regulates.

Recently Asked Questions

Why Join Course Hero?

Course Hero has all the homework and study help you need to succeed! We’ve got course-specific notes, study guides, and practice tests along with expert tutors.

  • -

    Study Documents

    Find the best study resources around, tagged to your specific courses. Share your own to gain free Course Hero access.

    Browse Documents
  • -

    Question & Answers

    Get one-on-one homework help from our expert tutors—available online 24/7. Ask your own questions or browse existing Q&A threads. Satisfaction guaranteed!

    Ask a Question
Let our 24/7 Business Law tutors help you get unstuck! Ask your first question.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors