On January 4, 2010, the U.S. District Court for the Western District of Kentucky struck down a portion of the new federal law that imposes a near-total ban on tobacco advertising and labeling, but rejected challenges to the remainder of the law. Citing First Amendment rights, the court struck down: (1) a ban on use of color and graphics in advertising/labeling; and (2) a ban on statements implying that tobacco products are less dangerous by virtue of government regulation. The decision was a partial victory for WLF, which filed a brief in support of the plaintiffs. WLF argued that while the federal government has a strong interest in reducing use of tobacco products, the First Amendment does not permit the government to use speech restrictions as its primary means of achieving that goal. It is likely that both sides will appeal the decision to the U.S. Court of Appeals for the Sixth Circuit in Cincinnati. WLF has pledged to support the plaintiffs’ appeal to that court.
