FDA's Cigar Warning Requirements Don't Violate The First Amendment

Yesterday, in Cigar Association of America v. U.S. Food and Drug Administration, the United States District Court for the District of Columbia held that the FDA's new rule requiring health warnings for cigars did not violate the First Amendment.  

By way of background, in May 2016, the FDA published a final rule "deeming" cigars, pipe tobacco, and certain other products subject to the Food, Drug & Cosmetic Act.  The new rule also imposed comprehensive warning statement requirements, for both cigar product packaging and advertisements. 

Most cigars were actually already subject to warning requirements due to settlements entered into in 2000 with the Federal Trade Commission.  In those settlements, the seven largest U.S. cigar companies were required to "clearly and conspicuously" display one of five health warning statements on their advertising and packaging.  The settlements also include requirements about the size, placement, and formatting of the health