Later this afternoon, the Sixth Circuit will hear oral arguments on the constitutionality of the Family Smoking Prevention and Tobacco Control Act, which gives the Food and Drug Administration the power to regulate tobacco advertising and marketing. See Discount Tobacco City & Lotter v. U.S.A., (Sixth Circuit, Case Nos. 10-5234/5235). Among the issues that the three-judge panel will consider is whether the Act illegally restricts tobacco companies’ free speech rights.
The panel includes Sixth Circuit Judges Eric L. Clay and Jane B. Stranch, and United States District Judge Michael R. Barrett (Southern District of Ohio), sitting by designation.