Administrative Law Essay

3408 Words Oct 1st, 2013 14 Pages
Nick Montesano Buss 200 Administrative Law Essay The College Of New Jersey Dr. Laura Sanders 9/29/30

A National Dispute In the past decade there has been an increased controversial view of tobacco, alcohol, and marijuana. People have been divided on how to regulate these products in the market, causing much governmental controversy. There have been many groundbreaking and unprecedented court cases that have been shaping the public policy on which these substances stand on. These substances have an immediate and perilous effect on the health of all human beings. Tobacco is the leading cause of preventable death in the United States, alcohol causes impaired judgment and in turn causes people to
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(Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S 557 (1980), Cornell Law, Oyez) With the results of this court case there was a Hudson Test that was evolved, The test poses 4 questions; 1) The product is legal and the communication is not misleading? 2) The government has a substantial interest in what it seeks to achieve? 3) The law directly advances the government’s interest(s)? 4) A more limited restriction on commercial speech could not advance the government’s interest? (New England Law) In response to, Lorillard v. Reilly, 533 U.S. 525 (2001), Congress passed the Family Smoking Prevention and Tobacco Control Act, Pub. L. 111-31, 123 Stat. 1776 (2009), which allows states and other local governments to regulate the time, place, and manner of cigarette promotion. (Control Act, Oyez) The act has many provisions but I believe there are two main points from the act that contribute to the argument that these two points survive the Hudson test which gives the government a right to regulate tobacco due to health concerns. The act says that all levels of government are authorized to enact stricter regulations over actions that encourage youth tobacco use. The test also passes the part in the act that’s states the FDA requires more explicit, prominent, and

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