CRS Analyzes Tobacco Legislation

Congress is poised to pass legislation regulating the tobacco industry through the FDA.  One of the elements of the legislation yet to be reconciled between the House and Senate is the reimplementation of the 1996 rule that limited tobacco advertising in locations near schools, among other restrictions. The New York Times cites potential challenges to advertising rules on free speech grounds.  The Congressional Research Service has analyzed the pending legislation and suggests that the advertising rules within the legislation may not be constitutional under current Supreme Court precedent.  The New York Times story is here, and it contains links to the CRS report from NYT servers.  [MG]