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6 Nw. Interdisc. L. Rev. 21 (2013)
Smoke and Mirrors: First Amendment Protection of Commercial Speech and the FDA's New Graphic Warning Labels for Tobacco

handle is hein.journals/nwilr6 and id is 29 raw text is: SMOKE AND MIRRORS: FIRST AMENDMENT PROTECTION OF COMMERCIAL SPEECH AND THE FDA's NEW GRAPHIC WARNING LABELS FOR TOBACCO David D. Coyle* In response to harms caused to public health by tobacco consumption, Congress passed the Family Smoking Prevention and Control Act. This act required graphic warning labels be put on tobacco products and advertisements to accompany the already existing textual warnings. Several tobacco companies challenged the graphic warning label requirement as a First Amendment violation of their commercial speech rights. The Sixth Circuit in Discount Tobacco City & Lottery, Inc. v. United States upheld the graphic warning label requirement, while the D.C. Circuit in R.J. Reynolds Tobacco Co. v. FDA struck down the warnings as violations of the First Amendment. This Article explores the graphic warning labels in the context of the Supreme Court's commercial speech and First Amendment precedents. It questions the current commercial speech framework embodied by the tests established in Zauderer v. Office of Disciplinary Counsel of Supreme Court and Central Hudson Gas & Electric Corp. v. Public Service Commission. It ultimately suggests a new framework better suited to bolster the First Amendment's fundamental interest in the free flow of truthful information. It then goes on to contribute to the body of law and academic literature addressing commercial speech by arguing that the graphic warning labels should be upheld not only under Zauderer and Central Hudson, but also under the improved framework developed in this Article. * David D. Coyle grew up in Minneapolis, MN. He holds a bachelor's degree in Sociology from Occidental College and a master's degree in Applied Economics from the University of Minnesota. He will graduate from Emory Law School with a J.D. in 2014.

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