Has the FDA Bought the Winston Cup: A Takings Analysis of the Proposed Ban on Sports Sponsorships by Tobacco Companies as Applied to NASCAR

Authors

Andrew B. Dzeguze

Abstract

In 1996 the Department of Health and Human Services announced that the FDA would regulate all tobacco advertising, classifying tobacco as a drug. This Note explores the ramifications of this announcement as it relates to the ongoing sponsorship of NASCAR auto races by tobacco companies. Initially, this Note provides a brief history of NASCAR and its tobacco sponsorship. The Note then explores three legal theories for invalidating the FDA regulations: First Amendment defenses, lack of jurisdiction defenses, and takings claims. The author concludes that a takings claim provides the best method of challenging the FDA regulations, because it would not make the regulations so much illegal as prohibitively expensive, whereas the other defenses will likely fail in court.

Recommended Citation

Andrew B. Dzeguze, Has the FDA Bought the Winston Cup: A Takings Analysis of the Proposed Ban on Sports Sponsorships by Tobacco Companies as Applied to NASCAR, 20 UC Law SF Comm. & Ent. L.J. 445 (1997).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol20/iss2/5