The U.S. Food and Drug Administration (FDA) recently responded to the lawsuit brought by several tobacco companies to block the marketing restrictions to be implemented through the tobacco law dealing with free speech.  The FDA claims that the tobacco advertising restrictions in the new law do not violate free speech and are in the public interest.  Stating that “the health risks associated with tobacco use and nicotine addiction are overwhelming and incontrovertible,” the agency defended its position on this issue by claiming that such action is necessary to protect the public health.

The tobacco companies involved in the lawsuit are seeking to have declared as unconstitutional those new FDA regulations that would violate their right to free speech and restrict their ability to communicate with their adult consumers