Will FDA Cigarette Warnings Pass Constitutional Scrutiny?
Bryan Haynes was quoted in a Law360 story, “ Will FDA Cigarette Warnings Pass Constitutional Scrutiny?” The article discusses a new set of graphic warnings the FDA wants to have included on tobacco products. The previous attempt in 2012 was “shot down by the D.C. Circuit in 2012 on the grounds that the images, such as a set of cancerous lungs, were unconstitutionally compelled speech because the FDA didn't have evidence that they would lower smoking rates or conveyed factual and uncontroversial information.” Haynes says the new warnings are “more factual and less of an advocacy piece. One of the key issues [the D.C. Circuit had] with the prior warnings was that it was tantamount to a statement: 'Do not use this product.’”