The D.C. Court of Appeals is scheduled to hear oral arguments in a case brought by five tobacco companies challenging regulations requiring graphic warning labels on cigarette packs and advertisements starting in September.
Once again, the administration is finding itself accused of overstepping its constitutional authority, this time on First Amendment grounds.
“The graphic images … were neither designed to protect the consumer from confusion or deception, nor to increase consumer awareness of smoking risks; rather, they were crafted to evoke a strong emotional response calculated to provoke the viewer to quit or never start smoking,” federal Judge Richard Leon, a George W. Bush appointee, ruled in February. - The Hill
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