Citation: - Tobacco Companies vs. United States Food and Drug Administration Unites States District Court for the District of Columbia, Civil Case No.11- 1482 (RJL)
Facts: The plaintiffs in this case are five tobacco companies. In June2011, defendant FDA published a final rule requiring the display of nine new textual warnings along with certain graphic images such as diseased lungs and cadaver bearing chest staples on an autopsy table –on the top 50% of the front and back panels of every cigarette package manufactured and distributed in the United States on or after September 22, 2012. Both parties moved for summary of judgment on these issues. Upon review of the pleadings and oral arguments and applicable law the court declared that these mandatory graphic images violate the First Amendment by unconstitutionally compelling speech. The court granted plaintiffs’ Motion for Summary Judgment and Denies the Cross Motion for Summary Judgment.
Issues: Whether Congress mandating the new images to occupy the top 50% of the front and back panels of all cigarette packages and the top 20% of printed advertising, and charging the FDA with implementing a final rule is consistent with constitutions First Amendments freedom of speech?
Ruling: District Court for the District of Columbia declared that these mandatory graphic images violated the First Amendment by unconstitutionally compelling speech.
Rules of Law: Supreme Court has noted that this type of compelled speech is “presumptively unconstitutional. “Rosenberger vs. Rector & Visitors of the Univ. of Va., 515U.S 819,830 (1995). In the arena of compelled commercial speech, however narrow exceptions do exist and allow the Government to require certain disclosures to protect consumers from “confusion or deception.” Zauderer, 471 U.S. at 651.
Rationale: The