In case you all missed it, there were two really good perspective pieces in the July 18th issue of the New England Journal of Medicine with regards to the FDA and graphic images on tobacco products. It should be pointed out that the World Health Organization’s 2008 Framework Convention on Tobacco Control endorsed graphic warning messages as part of a broad public health campaign. Currently, 40 nations require the pictures.
Both are interesting articles that discuss the intersection of public health and the law, but the second article probably hits the nail on the head the best. For decades, the courts have generally deferred to the states and the federal government with regards to policing public health. That dynamic seems to be changing.
“Whereas the Court once gave the government more leeway when invoking its interests in public health than when asserting other state interests, it now tends to hold health-related rules to the…
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