Tickler - Look at DOJ's December, 2008 release of the current regulations and the commentary - and at page 77458 the economic inpact analysis, required by law, is set out. That's DOJ's attempt to comply with a federal law that requires agencies to lay out the economic cost to business owners of regulatory action. You'll find that on xxxlaw at
http://www.xxxlaw.com/section-2257/promulgation.pdf. It's linked on the page
http://www.xxxlaw.com/section-2257/index.html and at many other places on the site. I heard both Jeff Douglas and Paul Cambria rattle some sabres about that economic argument at the time, but so far as I know, the argument of economic impact has not make its way into any of the litigation against Section 2257. The lawyers handling that may have concluded that DOJ adequately discharged its duties under the law and that there was no advantage to going down that road. You'd have to check with them.