GUEST OPINION: Tobacco case: Feds’ warnings went too far

By KEN PAULSON
First Amendment Center
The federal government can require that tobacco companies warn the public about health hazards, but it can’t force them to scare smokers out of the habit.

That was the finding recently by Judge Richard J. Leon of the U.S. District Court in Washington, D.C., who struck down a Food and Drug Administration rule as a violation of the First Amendment. Leon had earlier issued a preliminary injunction to prevent the FDA from requiring the new warning labels on cigarette packs.

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