Case Detail

Report Analyzing Constitutionality of Tobacco Legislation
(Regulatory Proceeding)
On September 24, 2003, WLF filed a report with U.S. Senator Jeff Session (at his request) that concluded that pending tobacco legislation is unconstitutional. WLF concluded that the bill's restrictions on the promotion of tobacco products violates the First Amendment rights of those who wish to engage in truthful promotion of tobacco products and of those who wish to receive such information. WLF was particularly critical of a provision of the bill that would bar virtually all comparative health claims. WLF argued that so long as such claims are truthful, the First Amendment forbids Congress from imposing a bar on such claims simply because it fears that some tobacco users might be prompted thereby to switch brands/products rather than to quit altogether.
Case Status:
Legislation pending.
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