There was a huge backlash from tobacco industries in response, alleging that the challenged provisions of the FSPTCA violated their free speech rights under the First Amendment.
Circuit published seemingly disparate opinions on the constitutionality of the FSPTCA.
Both cases discussed above devoted considerable attention to which level of scrutiny is appropriate in dealing with FSPTCA.
The government can seek to compel normative speech in very narrow circumstances, and FSPTCA would squarely fall within that narrow scope.
Tobacco products have been subject to compelled disclosure since 1965, (50) and the FSPTCA is Congress's most recent effort to update tobacco warnings.
The FDA implemented the mandates of the FSPTCA and promulgated a rule that made it "unlawful for any person to manufacture, package, sell, offer to sell, distribute, or import for sale or distribution within the United States any cigarettes the package of which fails to bear .
The FDA's graphic warnings departed from the previous text-only warnings of [section] 1333 by adding images to accompany the textual content, as required by the FSPTCA.