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Discount Tobacco City & Lottery, Inc. v. United States

United States Court of Appeals for the Sixth Circuit
674 F.3d 509 (2012)

Written by Alex Ruskell, JD

Facts

Discount Tobacco City & Lottery, Inc. (plaintiff) sued to challenge certain provisions of the Family Smoking Prevention and Tobacco Control Act. Specifically, Discount claimed that the act’s ban on all color and images in tobacco advertising violated Discount’s First Amendment right to free speech. The government contended that the use of color and imagery in tobacco advertising was misleading because it created positive associations in the minds of consumers, such as linking tobacco use to a desirable and healthy lifestyle that was fun and relaxing. Discount also challenged the act’s requirement of large graphic warnings detailing the risks of tobacco use.

Rule of Law

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Issue

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Holding and Reasoning (Clay, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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Concurrence (Stranch, J.)

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