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Several tobacco companies in the US recently launched a
lawsuit claiming new FDA legislation abridges their rights under the First Amendment to the US Constitution: the right to freedom of speech. The legislation, the Family Smoking Prevention and Tobacco Control Act, actually muzzles tobacco companies to the point where they are prohibited from telling the truth.
Despite the fact that the new legislation unequivocally places regulatory responsibility of tobacco and tobacco products in the hands of the US FDA (Food and Drug Administration), the tobacco companies are forbidden from clearly communicating that incontrovertible fact.
The Act authorizes the FDA to regulate tobacco products, including reducing or eliminating any constituents used in the manufacture or processing of tobacco, if they believe it is likely to protect public health. But, should the FDA take any action they believe will make cigarettes safer, the tobacco companies will be prohibited from truthfully telling consumers that the FDA has done so.