Cigar Tobacco Legislation: Chalk One Up for Us by Tommy Zman
Friday, March 2nd, 2012U.S. District Judge Richard Leon is a man who knows common sense, and more importantly, knows a propaganda filled, spineless agenda when he sees one.
This past week in a ruling that effects the entire tobacco producing world, Judge Leon told the FDA & the US government that their proposed grotesque graphic labeling of cigarette packaging was indeed: UNCONSTITUTIONAL.
Hell, yeah… Here Come Da Judge! (Showing my age with that one right there.)
Several months ago I wrote about Judge Leon’s decision to put a temporary injunction on the FDA’s labeling effort, but now it has come to a head and the gubmint has been given an official smack down – FINALLY – by a guy who understands the Constitution of the United States, and doesn’t take crap when it is doled out in extra-pungent proportions.
In his official 19-page ruling, Leon wrote, “The graphic images here were neither designed to protect the consumer from confusion or deception, nor to increase consumer awareness of smoking risks; rather, they were crafted to evoke a strong emotional response calculated to provoke the viewer to quit or never start smoking.”
Good Lord… someone in Washington actually possesses a brain AND a soul. Somebody get me a JR BRUTO!
It has come down to the fact that the FDA has been found in violation of the First Amendment and even though the ruling was for cigarette packaging, you have to know that if the FDA had won, cigar packaging was to be next in line – desecrating the industry’s ornate boxes and bands while destroying 150 years of tradition in an instant. I think this landmark decision also takes away some of the FDA’s ammo in trying to regulate the cigar industry, showing the public that many of their motives are unscrupulous with an agenda far reaching outside the boundaries of their jurisdiction: meaning the elimination of all tobacco products from the face of the earth (which btw, is my own personal and humble opinion, but you know that I damn-well speak the truth.)
“Although the FDA conveniently refers to these graphic images as ‘graphic warnings,” Leon cited, “characterizing these graphic images as ‘warnings’ is inaccurate and unfair as they are more about shocking and repelling than warning.”
Seriously guys, can you even believe that there’s someone like this even alive in our nation’s Capital? (Hmmmm… maybe a La Gloria Cubana Serie R would be a worthy celebratory smoke…)
Last November, five of the major tobacco manufacturers filed suit against the government, accusing them of violation of their freedom of speech. And, make no mistake about it my Brothers and Sisters of Leafiness, this is indeed a victory in the cigar world’s continual fight against the clueless anti-smoking tyrants who use questionable logic and suspect data to further their “take no prisoners” agenda.
One more very frightening thought to ponder if the Judge had ruled in favor of the vile and offensive labeling is that it would have opened the door for the government to attack other industries in the same manner, such as meat, snack food, desserts, soft drinks, and liquor. And while I applaud the decision of this magistrate, I wonder if he REALLY knows what a profound effect that his ruling has when it comes to Americans rights and freedoms, now and for the future. This is truly HUGE, my friends, and while it is a victory for those who exercise their constitutional right to enjoy a legal adult product, we must all continue to stay vigilant and fight for what we believe to be rightfully ours.
In the closing of U.S. District Judge Richard Leon’s ruling, he says with absolute conviction, “The government has failed to carry both its burden of demonstrating a compelling interest and its burden of demonstrating that the rule is narrowly tailored to achieve a constitutionally permissible form of compelled commercial speech.”
TRANSLATION: Up Yours, Dude.
Stay Smoky My Friends,
JR Cigars Blog with the Zman