The next chapter of the tobacco wars: unpacking the latest round of constitutional challenges.

Abstract

We have considered the tobacco industry's challenges to legislative attempts to provide more health-related information on retail packaging. The first issue is taking and acquiring the industry's intellectual property in Australia. The second challenge involves the tensions between graphic images and the First Amendment in the United States. We have argued that the Obama administration should take advantage of the current window of opportunity to aggressively restrict the industry's control of its products.