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.

Explain how the tobacco companies could challenge the rules. Discuss whether the rules will be set aside. It is helpful to define what is an administrative agency and the purpose it serves, specifically what the FDA regulate