In 2009, Congress passed a law requiring the FDA to implement the printing of graphic warning labels on cigarette packaging and advertising. In 2011, the FDA unveiled numerous color images required to cover the top fifty percent of the cigarette pack’s front and back panels. The tobacco industry has filed two major appeals to the congressional law. Yesterday, the Cincinnati U.S. Court of Appeals upheld the majority of the FDA’s new regulatory framework; however, the ruling opposes the court’s decision in the case filed within the Washington-based appeals court, setting up a fierce clash over constitutionality that will likely end up in the Supreme Court. The federal regulation of ‘legal’, yet openly unhealthy, tobacco products seems to create major contention within the legal world. But, how might this affect the regulation of other notably unhealthy products. Could you imagine a 2-liter soda bottle with a vivid warning label depicting a diabetic amputee?
Personally, I’m conflicted on the issue. The representatives of the tobacco industry exclaim that this violates a central tenet of the U.S. constitution, Free Speech. But, the cry for foul play is falling on many deaf ears since R.J. Reynolds and their cronies have practiced deception for many years. Can these recent quarrels parallel attempts by the corn refiners association to falsely advertise high fructose corn syrup as ‘corn sugar’? The FDA put the kibosh on that one. Could sugar be as dangerous for your health as tobacco usage? Some prominent doctors and scientists believe it is just as “toxic”. And, if that’s the case should it be regulated in the same manor?
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