U.S. Supreme Court Turns Away Challenge to Cigarette Graphic Warnings
WASHINGTON, D.C. — The U.S. Supreme Court has declined to hear a challenge to the U.S. Food and Drug Administration's (FDA) cigarette warnings.
The high court declined to hear the case in a brief written order handed down Monday, Nov. 25, according to The Associated Press.
The FDA issued its final rule on the warnings, which feature a combination of text and images depicting some of the health risks of cigarette smoking, in March 2020. At the time, the agency set a June 18, 2021, implementation date.
However, implementation was hung up multiple times after several tobacco companies asked for the date to be moved back and First Amendment concerns were raised.
In the most recent challenge, Winston-Salem, N.C.-based R.J. Reynolds appealed to the Supreme Court after the 5th U.S. Circuit Court of Appeals found the warnings do not violate the First Amendment.
The warnings are required to appear on the top 50% of the front and back of cigarette packages and at least 20% of the top of ads. In addition, the warnings must be randomly and equally displayed and distributed on cigarette packages and rotated quarterly in cigarette advertisements, as Convenience Store News previously reported.
There are 11 required warnings. They are:
- WARNING: Tobacco smoke can harm your children.
- WARNING: Tobacco smoke causes fatal lung disease in nonsmokers.
- WARNING: Smoking causes head and neck cancer.
- WARNING: Smoking causes bladder cancer, which can lead to bloody urine.
- WARNING: Smoking during pregnancy stunts fetal growth.
- WARNING: Smoking can cause heart disease and strokes by clogging arteries.
- WARNING: Smoking causes COPD, a lung disease that can be fatal.
- WARNING: Smoking reduces blood flow, which can cause erectile dysfunction.
- WARNING: Smoking reduces blood flow to the limbs, which can require amputation.
- WARNING: Smoking causes type 2 diabetes, which raises blood sugar.
- WARNING: Smoking causes cataracts, which can lead to blindness.