Question

Although the FDA has issued a new rule requiring that cigarette packages bear graphic images warning of the health risks associated with smoking, it has been enjoined from enforcing this requirement until October 2021 while a federal court considers a legal challenge brought by several tobacco companies. In their suit, the tobacco companies claim that the rule compels them to speak an "anti-tobacco" message in violation of the First Amendment. Which of the following statements about this legal challenge is true?

		The tobacco companies will win because speech can never be regulated.
		The FDA will prevail if the court finds that the warnings are truthful and non-controversial statements and, following Zauderer v. Ohio,  applies rational scrutiny.
		Should the case proceed to the Supreme Court, Justice Thomas is the member of the Supreme Court most likely to side with the FDA.
		None of the above

Answer 1

Correct Answer:

B

Explanation:

There is a very less protection available for the advertisement content or advertisement based speech, as per the first amendment. So, companies saying that their commercial speech cannot be regulated, is inaccurate.

Further, the mentioned case and its verdict show that advertisers have to disclose the information regarding the products so that deception to consumers is prevented. So, it is important for the advertisers to come up with guidelines of FDA as it is important for the consumers to know the injurious impact of tobacco products and it is not the violation of first amendment rights of companies.