The FDA was challenged by tobacco companies for its new rules that required the tobacco companies to put one of the FDA's 12 picture labels on its packaging. The tobacco companies argued that their first amendment rights were violated by the rules, forcing them to speak in a certain way using government mandated materials. The new labels were promulgated by both the FDA and the department of health and human services pursuant to authority granted by congress in 2009 under the family smoking prevention and tobacco control act.

Under the law, the following nine textual statements were to be included on cigarette labels.

Warning: cigarettes are addictive

Warning: tobacco smoke can harm your children

Warning: cigarettes cause fatal lung disease

Warning: cigarettes cause cancer

Warning: cigarettes cause strokes and heart disease

Warning: smoking during pregnancy can harm your baby

Warning: smoking can kill you

Warning: quitting smoking now greatly reduces serious risk to your health

The act required that these warnings and graphic labels take up 50 percent of the cigarette package label and 20 percent of all cigarette ads.

After publishing the proposed rule and receiving more than 1,700 comments tha FDA published its final rule in June 2011. Explain how the tobacco companies could challenge the rules. Discuss whether the rules will be set aside.