On October 15, 2019, Washington Legal Foundation filed formal comments with the Food and Drug Administration (FDA) expressing concerns about the agency’s proposed regulation to compel new warnings on cigarette packages and advertisements. WLF argues that the proposed rule, which calls for the inclusion of graphic images to accompany textual warnings, violates manufacturers’ First Amendment commercial speech rights. Under Supreme Court precedent, FDA must demonstrate that the proposed rule is aimed at consumer deception, is uncontroversial, and is no more extensive than necessary. As WLF’s comments make clear, the agency flunks these requirements. Because of these deficiencies, WLF has asked FDA to withdraw the proposed rule.