CEI Seeks Discovery in Alcohol Labeling Case

A government reply was expected June 13 to the Competitive Enterprise Institute's counter motion for summary judgment in CEI's suit against the Bureau of Alcohol, Tobacco, and Firearms.

In January ATF denied CEI's 1995 petition to allow alcohol labels and ads to carry a statement about health benefits. ATF then filed a motion to dismiss, claiming CEI lacked standing. CEI replied with the counter motion for discovery. CEI is also seeking summary judgment from the U.S. District Court for the District of Columbia that ATF's petition denial was arbitrary and capricious.

CEI has asked for oral argument, which could be scheduled for this summer.

Decision Expected on Compelled Speech

The Supreme Court will rule in June on whether the government can compel fruit growers to engage in commercial speech about their products. Glickman v. Wileman Brothers & Elliott, Inc. questions whether the Secretary of Agriculture violated the First Amendment by ordering the handlers of California peaches, plums and nectarines to fund generic advertising as part of a 1937 marketing agreement.

Growers contend the generic advertising requirement is unconstitutional as a form of compelled speech. Justice Scalia called the compelled advertising program "a time warp from the 1930s." The Court heard oral arguments Dec. 2, 1996.

Still Waiting for Word on Kessler Sanction

The Washington Legal Foundation is still awaiting word from a federal judge on whether the court will impose sanctions on former FDA commissioner David Kessler for refusing to be deposed in WLF v. Kessler.

WLF sought to have Kessler held in contempt and asked the court to acknowledge, as a sanction against Kessler, WLF"s assertion that the FDA has a policy prohibiting pharmaceutical and medical device makers from distributing medical textbooks to doctors.

Both sides are expected to file cross motions for summary judgment after the judge rules on the sanction question. Briefs would probably be due in the summer if the sanction ruling is issued in June.