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US Supreme Court declines hearing Big Tobacco’s challenge to FDA labels

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The U.S. Supreme Court declined to hear a challenge from cigarette companies on Monday, Nov. 25, against a federal requirement that cigarette packages include graphic labels that warn of the health risks associated with smoking.

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Tobacco company R.J. Reynolds and other companies appealed a lower court’s decision to uphold the U.S. Food and Drug Administration’s (FDA) mandate, which found the federal rule consistent with the First Amendment. The court agreed with the FDA that the warnings were “factually accurate.”

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R.J. Reynolds unsuccessfully argued the FDA’s rule amounted to “compelled speech” and that violated the company’s free speech rights. The company claimed the proposed warnings “overstate” the health risks associated with smoking.

The proposed labels from the FDA consisted of images of tumors, blackened lungs and surgery scars, with messages about the health issues smoking can potentially cause. The FDA proposed the 13 warning labels in 2019 under the Trump administration.

The FDA accused cigarette companies of “knowingly and actively conspiring to deceive the public about the health risks and addictiveness of smoking.”

Around 120 countries already have large graphic warning labels on cigarette packages. The United States has not updated its labeling on cigarette packages since 1984.

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[LAUREN TAYLOR]

BIG TOBACCO’S CHALLENGE TO A FEDERAL LABELING REQUIREMENT WENT UP IN SMOKE MONDAY.

THE U-S SUPREME COURT DECLINING TO HEAR A FIRST AMENDMENT CHALLENGE FROM CIGARETTE COMPANIES AGAINST A FEDERAL REQUIREMENT THAT PACKS OF SMOKES INCLUDE GRAPHIC LABELS WARNING OF THE HEALTH RISKS ASSOCIATED WITH SMOKING.

R-J REYNOLDS AND OTHER TOBACCO COMPANIES APPEALED A LOWER COURT’S DECISION TO UPHOLD THE F-D-A MANDATE. 

THE TOBACCO COMPANIES HAD CLAIMED THE RULE AMOUNTED TO “COMPELLED SPEECH” AND VIOLATED FREE SPEECH RIGHTS AND SAID THE WARNINGS “OVERSTATE” THE HEALTH RISKS OF SMOKING.

BUT THE LOWER COURT RULED THE RULE IS CONSISTENT WITH THE FIRST AMENDMENT AND AGREED WITH THE F-D-A THE WARNINGS ARE “FACTUALLY ACCURATE.”

THE PROPOSED LABELS FROM THE AGENCY CONSIST OF IMAGES OF TUMORS, BLACKENED LUNGS AND SURGERY SCARS WITH MESSAGES ABOUT THE HEALTH ISSUES SMOKING CAN CAUSE.

THE F-D-A PROPOSED THE 13 WARNING LABELS IN 2019.

THE AGENCY ACCUSES CIGARETTE COMPANIES OF “KNOWINGLY AND ACTIVELY CONSPIRING TO DECEIVE THE PUBLIC ABOUT THE HEALTH RISKS AND ADDICTIVENESS OF SMOKING.”

AROUND 120 COUNTRIES ALREADY HAVE LARGE GRAPHIC WARNING LABELS ON CIGARETTE PACKAGES.

THE U-S HAS NOT UPDATED ITS LABELS SINCE THE MID-80S.

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FOR STRAIGHT ARROW NEWS– I’M LAUREN TAYLOR.