CINCINNATI - On Wednesday, the U.S. 6th Circuit Court of Appeals heard arguments relating to a lawsuit over whether the Family Smoking Prevention and Tobacco Control Act unlawfully limits the free speech of tobacco companies, the Associated Press reports.

The three judges will decide in the case that pits the U.S. Food and Drug Administration against major tobacco companies, including Commonwealth Brands, Discount Tobacco City & Lottery Inc., Lorillard Inc., National Tobacco Co. and R.J. Reynolds Tobacco Co. At issue is whether or not the agency can regulate marketing and advertising of tobacco products.

"It draws no distinction between the good and the bad," said Noel Francisco, who argued the case for the tobacco firms. "It impermissibly restricts the adult population to what is fit for children."

U.S. Justice Department attorney Mark Stern countered that tobacco is "lethal and addictive" and that the federal government has the authority to govern its sale. "This product would be banned if it came out now."

In January 2010, a U.S. district judge threw out one challenge to the law from tobacco companies, ruling that the act€™s marketing limits were not free speech infringements. Those restrictions included banning tobacco firms from being sponsors of athletic, cultural or social events, and prohibiting free sample giveaways or merchandise branding.

A ruling will come in several months. Tobacco industry representatives have expressed their concern with the FDA€™s oversight of tobacco.