Establishment clause prohibits congress mandating state

The court concluded that such interference with a display by the City was directly preempted by the FCLAA provision prohibiting states from imposing additional requirements with respect to tobacco companies’ promotional messages.

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Philip Morris argued that they could not be sued under state law for deceptive advertising since the Federal Cigarette Labeling and Advertising Act prohibits such lawsuits.The brief was written by Professor David Vladeck, Georgetown University Law Center on behalf of the Tobacco Control Legal Consortium, and was joined by AARP and Public Justice. The Court upheld the rightof smokers to sue tobacco manufacturers for deceptive health claims, rejecting industry arguments that the Federal Cigarette Labeling and Advertising Act prevents consumers and state officials from suing manufacturers for fraudulent health claims. Supreme Court ruling, the tobacco companies continued to fight these claims. In 2015, San Francisco enacted an ordinance requiring that signs advertising sugar-sweetened beverages (SSBs) include a label, covering 20 percent of the sign, that reads “WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.This decision allowed other “light” cigarette fraud cases to be brought without risk of being preempted by federal law. Whether San Francisco's Ordinance requiring a warning label on sugar-sweetened beverages (SSBs) violates the First Amendment and the Due Process Clause of the Fourteenth Amendment to the United States Constitution. This is a message from the City and County of San Francisco.” This was the nation’s first ordinance requiring such warnings.Briefs can also focus the court’s attention on the implications of a potential holding on an industry, group, or jurisdiction not represented by the parties.The court has discretion to grant or deny permission of parties to file briefs as amici curiae. For example, these briefs have supported local authority to enact smoke-free ordinances or to regulate tobacco distribution, and rules requiring restaurants to provide warnings on menus about sodium content.

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