Share

ACS and ACS CAN File Brief in Support of the Family Smoking Prevention and Tobacco Control Act

November 30, 2009
ACS, ACS CAN and other health partners filed as friends of the court to rebut arguments in the tobacco industry's lawsuit against the Family Smoking Prevention and Tobacco Control Act (FSPTCA). FSPTCA provides the Food and Drug Administration authority to regulate tobacco products.

In its lawsuit, the industry argues that FSPTCA's marketing and advertising restrictions violate its rights to free speech under the First Amendment. Under current First Amendment law, the government can restrict commercial speech if it shows a substantial interest in regulating the speech, and the restrictions are tailored to advance the government's interest. Our brief provides the court critical information about the health risks associated with tobacco use, as well as the need for these restrictions to prevent future tobacco use.