Yesterday I had the opportunity to speak with Colin O’Keefe of LXBN TV to discuss the Sixth Circuit’s long-awaited opinion in the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, which gives the Food and Drug Administration the power to regulate tobacco advertising and marketing. See Opinion, Discount Tobacco City & Lottery v. United States (6th Cir., Case Nos. 10-5234 & 5235) (PDF). The Sixth Circuit case was the first major challenge to the Tobacco Control Act brought by tobacco companies, and it attracted a number of amicus briefs. The case also has attracted extensive national coverage (see here and here) since the Court’s decision last week.
In the video interview, I explain the background of the Sixth Circuit case, analyze why the panel arrived at the rulings that it did, and offer some interesting insights on the case, along with images of the controversial new color graphic warning labels that were at the center of the case.