The U.S. Supreme Court on Monday declined to take up an appeal by tobacco companies, including RJ Reynolds, challenging the graphic warning labels required by the U.S. Food and Drug Administration (FDA) on cigarette packaging. By refusing to hear the case, the Court effectively upheld a lower court ruling, allowing the FDA’s regulation to stand.
The rule, which was finalized in 2020 under the Trump administration, mandates that cigarette packages feature graphic images illustrating the severe health risks of smoking, such as amputated limbs, lung cancer, and stunted fetal growth, alongside written health warnings. These images are required to cover 50% of the front and back of cigarette packs, as well as 20% of cigarette advertisements.
While the regulation has technically been in effect since its adoption, the FDA has paused enforcement in light of ongoing legal challenges. The tobacco industry, led by RJ Reynolds and several other major companies, had argued that the graphic warnings violated their First Amendment rights by compelling them to convey a government anti-smoking message. They contended that the images were misleading and exaggerated the health risks of smoking.
The tobacco companies’ appeal followed a 2022 decision by U.S. District Judge J. Campbell Barker, who blocked the regulation, ruling that the graphic warnings violated the companies’ free speech rights. However, in March 2023, the 5th U.S. Circuit Court of Appeals reversed the decision, stating that the warnings were “factual and uncontroversial” and did not infringe upon the First Amendment.
The tobacco industry’s appeal to the Supreme Court argued that the warnings unjustly forced companies to promote a public health message with which they disagreed. The Court’s decision not to hear the case means the 5th Circuit’s ruling will remain in effect, allowing the FDA’s graphic warning rule to stand.
Despite a significant decline in smoking rates over the past several decades, from 42.6% of U.S. adults in 1965 to 11.6% in 2022, smoking continues to cause more than 480,000 deaths annually in the U.S., according to the Centers for Disease Control and Prevention (CDC). The FDA has argued that graphic warnings are critical to enhancing public understanding of the health dangers of smoking, particularly in preventing young people from taking up the habit.
In a separate matter, the Supreme Court is also set to hear oral arguments on December 2 in a case involving the FDA’s denial of applications to sell flavored vape products. The case will further examine the FDA’s authority in regulating products under its jurisdiction.
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