U.S. Supreme Court

Case Status


Docket Number


Cert. Pending


Questions Presented

1. Whether Zauderer’s reduced scrutiny of compelled commercial speech applies beyond the need to prevent consumer deception.

2. When Zauderer applies, whether it is sufficient that the compelled speech be: (a) factually accurate— even if controversial and, when read as a whole, potentially misleading; and (b) merely reasonably related to any non-“trivial” governmental interest.

Case Updates

Cert. petition denied

December 09, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari to clarify the proper legal standard for compelled commercial speech

November 01, 2019

Click here to view the coalition brief filed jointly by the U.S. Chamber, Retail Litigation Center, Inc., Business Roundtable, and National Association of Manufacturers. Adam G. Unikowsky of Jenner & Block LLP served as co-counsel for the coalition.

The U.S. Chamber previously filed an amicus brief in support of certiorari. The Supreme Court remanded to the Ninth Circuit in light of NIFLA v. Becerra, and the Ninth Circuit once again applied a relaxed legal standard to reject plaintiff’s First Amendment challenge.

Case Documents