Stephen J.LurieMD, PhD, Senior EditorIndividualAuthor
To the Editor: In their review of tobacco advertising
and the First Amendment, Dr Bayer and colleagues1 omit
what may be the most constitutionally plausible type of regulation—the
restriction of advertising to a "text-only" format, as recommended by the
Institute of Medicine's 1994 report entitled Growing Up
Tobacco Free2 and subsequently embraced
by the FDA in its 1996 Tobacco Rule.3 Although
this portion of the FDA regulation was invalidated by the federal district
court4 and never took effect, it was struck
down because it exceeded the authority conferred on the FDA by Congress, not
because it violated the First Amendment.
Bonnie RJ. Tobacco Advertising and Freedom of Speech. JAMA. 2002;288(13):1586–1588. doi:10.1001/jama.288.13.1585
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