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October 2, 2002

Tobacco Advertising and Freedom of Speech

Author Affiliations

Stephen J.LurieMD, PhD, Senior EditorIndividualAuthor

JAMA. 2002;288(13):1586-1588. doi:10.1001/jama.288.13.1585

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.