BAT's R.J. Reynolds Loses Appeal on Graphic Cigarette Warning Labels, US Supreme Court Rules

Nov.26.2024
BAT's R.J. Reynolds Loses Appeal on Graphic Cigarette Warning Labels, US Supreme Court Rules
The US Supreme Court has rejected BAT's R.J. Reynolds appeal against new graphic cigarette warning labels, which feature health-related images such as cancer and lung disease. This decision ends a long legal battle and leaves in place a ruling from a lower court that confirms the new warnings do not violate tobacco companies' First Amendment rights.

The US Supreme Court upheld a lower court's decision, rejecting the appeal filed by R.J. Reynolds, a subsidiary of British American Tobacco(BAT), seeking to block the FDA's new graphic cigarette warning labels.

 

This ruling follows a series of legal battles and leaves in place a decision from the federal appeals court, confirming that the new warnings- featuring images of serious health conditions like cancer, and lung disease- do not violate tobacco companies' First Amendment rights.

 

BAT's R.J. Reynolds Loses Appeal on Graphic Cigarette Warning Labels, US Supreme Court Rules
R.J. Reynolds Tobacco Company, et al., Petitioners v. FDA: The court denied the petition. | Image source: Supreme Court of the US

 

Under the Tobacco Control Act of 2009, Congress required that cigarette packaging and advertisements feature "nine new warnings that would rotate regularly", covering "the top 50 percent of the front and rear panels" of each cigarette pack, and at least "20 percent of the area of the advertisement". 

 

In 2011, FDA issued a rule implementing these warnings. However, tobacco companies, including R.J. Reynolds, challenged the rule, arguing it violated their First Amendment rights. 

 

In 2012, the D.C. Circuit Court ruled that the specific images used in FDA's original rule were problematic.  

 

Over the following years, FDA conducted additional research and consumer testing. In 2020, it issued an updated rule with 11 new graphic warning labels based on these findings. 

 

Despite FDA's revisions, R.J. Reynolds and other tobacco companies continued to challenge the 2020 warnings, arguing that they were a form of "compelled speech".They contended that the images would overshadow their messaging. They argued that the "emotional response" evoked by the images was "provocative and misleading".

 

The Fifth Circuit Court of Appeals upheld FDA's 2020 rule, citing Zauderer v. Office of Disciplinary Counsel (1985), which allows the government to require factual, uncontroversial disclosures in commercial speech for public health purposes. 

 

The court found that the graphic warnings were scientifically accurate, supported by the Surgeon General's report. It also ruled that any emotional reaction to the images did not change their factual content, as their primary purpose was to inform the public about smoking's health risks.

 

Additionally, FDA emphasized that the warnings are based on "the best available science" and that their primary purpose is to inform the public about the well-established health risks of smoking. 

 

After the Fifth Circuit Court's ruling, the petitioners (the tobacco companies) sought a review by the U.S. Supreme Court, arguing that the lower courts had misapplied the law.

 

Finally, the US Supreme Court rejected the appeal On 25, November 2024, leaving the FDA's regulation intact. The graphic warnings are set to take effect starting December 2025, 15 months after the final regulations are issued.

 

BAT's R.J. Reynolds Loses Appeal on Graphic Cigarette Warning Labels, US Supreme Court Rules
FDA statement on September 12, 2024 | Image source: FDA

 

FDA's new regulation will be enforced "15 months after the issuance" of the Secretary's regulations, meaning the labels will be displayed on cigarette packaging and advertisements by December 2025.  

 

BAT's R.J. Reynolds Loses Appeal on Graphic Cigarette Warning Labels, US Supreme Court Rules
Required Warnings for Cigarette Packages and Advertisements | Image source: FDA

 

BAT's R.J. Reynolds Loses Appeal on Graphic Cigarette Warning Labels, US Supreme Court Rules
Required Warnings for Cigarette Packages and Advertisements | Image source: FDA

 

The new graphic warnings include a range of images, such as a woman with a neck tumor and a child with an oxygen mask, both of which convey the "negative health consequences of smoking".  

 

Philippine Authorities Seize 26,000 "Eutral" Vapes
Philippine Authorities Seize 26,000 "Eutral" Vapes
The Philippine CIDG raided a site in Marilao City, seizing 26,000 unregistered “Eutral” vape products worth PHP 9.1 million (about $157,000). A Chinese national was arrested at the scene.
May.22 by 2FIRSTS.ai
U.S. Appeals Court Backs FDA Decision: Rejects SWT's Appeal Against Menthol E-Cigarette Ban
U.S. Appeals Court Backs FDA Decision: Rejects SWT's Appeal Against Menthol E-Cigarette Ban
The U.S. Appeals Court sided with the FDA and rejected SWT's appeal regarding its menthol-flavored e-cigarette marketing application, stating that the company failed to provide sufficient evidence demonstrating that the product benefits public health.
Jun.13 by 2FIRSTS.ai
Croatia Proposes E-Liquid Tax; Prices Could Rise Up to Fivefold
Croatia Proposes E-Liquid Tax; Prices Could Rise Up to Fivefold
The Croatian government plans to increase excise taxes on all types of tobacco products starting July 1 and, for the first time, impose a tax on e-liquids, sparking concerns within the industry. The tax reform aims to address budget shortfalls and promote public health goals, but industry critics warn it could fuel black market growth and undermine existing tobacco control efforts.
Jun.13 by 2FIRSTS.ai
Product | DOJO OPAL Series Launches COSMOS E-Cigarette Featuring Sweetness, Coolness, and Acidity Flavor Profiles
Product | DOJO OPAL Series Launches COSMOS E-Cigarette Featuring Sweetness, Coolness, and Acidity Flavor Profiles
E-cigarette brand DOJO has recently launched the new COSMOS edition under its DOJO OPAL series, which includes a total of three products. Despite its more compact size, the COSMOS edition retains a 16ml e-liquid capacity and an 800mAh battery, offering up to 12,000 puffs. The product also features detailed labeling of flavor attributes, including sweetness, coolness, and acidity levels.
Jun.13 by 2FIRSTS.ai
Malaysia’s Negeri Sembilan May Ban E-Cigarettes Pending State Council Review
Malaysia’s Negeri Sembilan May Ban E-Cigarettes Pending State Council Review
Negeri Sembilan may impose a state-wide e-cigarette ban, with Chief Minister Aminuddin backing the Malaysian Medical Association’s call and referring the proposal to the state executive council.
May.22 by 2FIRSTS.ai
2Firsts Launches High-Impact, Cost-Efficient PMTA Plans for NGPs
2Firsts Launches High-Impact, Cost-Efficient PMTA Plans for NGPs
Jun.03