In an important legal decision, a federal appeals court upheld the constitutional validity of a U.S. government mandate requiring graphic warnings on cigarette packs and advertisements.
The 5th U.S. Circuit Court of Appeals in New Orleans overturned a previous ruling, affirming that the 11 graphic warnings mandated by a 2020 FDA regulation were factual and met First Amendment standards.
Tobacco giants like RJ Reynolds and ITG Brands had challenged the requirement, arguing that it violated their free speech rights by forcing them to endorse images they deemed misleading.
The court dismissed these claims, stating that the warnings were based on factual information about the health risks associated with smoking.
The FDA rule, implemented during the Trump administration, mandates that warnings cover the top 50% of cigarette packs and the top 20% of advertisements. These warnings include graphic depictions of health consequences such as amputated toes, fetal growth restriction, and cancerous growths.
The FDA justified these measures as necessary to promote greater awareness of smoking risks and combat misinformation.
The court’s decision affirmed the government’s interest in reducing smoking-related harm and promoting public health.
It emphasized that the graphic warnings served a legitimate purpose and did not infringe excessively on tobacco companies’ ability to convey their own messages.
Despite significant declines in smoking rates, cigarette smoking remains a prevalent issue in the United States, causing hundreds of thousands of deaths annually.
The ruling is seen as a victory for public health advocates and reinforces the government’s authority to regulate tobacco products in the interest of public welfare. The case will now return to a lower court to determine whether the FDA rule violated administrative law.
