The tobacco act
The tobacco act of 2011 required that some nine warnings against smoking take 50% of the cigarettes package label and 20% of all the cigarette ads. The tobacco companies could challenge the color, graphical, advertising, and marketing provisions of the rule by arguing that the restrictions violated the free speech protections provided by the first business law amendment.
Through this argument, some of the rules can be set aside while others cannot. The first amendment claims that a commercial speech must concern lawful activity and not be force or misleading. Again, the government ought to demonstrate that restriction of commercial speech furthers a governmental interest. Then, the restrictions should directly advance such an interest. Finally, there has to be a reasonable fit between the kind of restrictions enforced and the objectives of the government. As a result, the government should have restricted the speech necessary to effect its purposes rather than instituting a blanket restriction in the case of color and graphics. The other rules that involve warning cannot be set aside because they provide the truth about the product and hence not misleading.
An administrative agency is a government entity created by the federal constitution, congress, state legislatures, and local lawmaking entities. The body is given power and authority to direct and supervise the implementation of specific rules. Administrative agencies make rules and regulations, help prevent trouble before it happens, and offers the final word on disputes.
The Food and Drug Administration (FDA) is an example of an administrative agency in America. It lies under the health and human services department. This agency is responsible for protecting public health by assuring the safety, security, and effectiveness of drugs, vaccines, other biological products, states food supply, dietary supplements, products that emit radiations, and cosmetics. Cigarettes have nicotine, which is a drug, and as a result, they fall under the FDA’s jurisdiction. A cigarette is also a device because they are used to deliver nicotine in the body. The fact that it is a combination of a drug and device gave the FDA greater regulatory flexibility.