Reynolds Tobacco and ITG Brands Challenge FDA Warning Labels

According to a recent report from Law360, Reynolds Tobacco Company (R.J. Reynolds Tobacco Co.) and ITG Brands LLC are petitioning the United States Supreme Court to challenge the FDA's regulation requiring graphic warning labels on traditional cigarette packaging and advertisements under the First Amendment.

The FDA initially stipulated that as of June 18, 2021, new cigarette health warning labels must appear prominently on packaging and advertisements. The warning labels must cover at least 50% of the front and back panels of the packaging, and at least 20% of the top of advertisements.

However, some manufacturers and including other tobacco retailers have successfully persuaded a federal judge in Texas to postpone this regulation 10 times.

Previously, the regional court had ruled that the new label contained provocative and value-oriented information, infringing on the tobacco company's freedom of speech.

However, the Fifth Circuit Court of Appeals disagreed with this viewpoint, stating that these warnings were undeniably factual and that the images were "no different than what medical students would see in textbooks.

In March of this year, the United States Fifth Circuit Court of Appeals rejected the industry's argument concerning the FDA's plan to infringe on companies' freedom of speech. The industry believed that the requirement was oppressive to brand information on packaging and advertisements due to the size of images and text.

On August 19, Reynolds Tobacco Company, ITG Brands, and other tobacco companies urged the Supreme Court of the United States to review a lower court's ruling, arguing that the proposed warning labels are "excessive, provocative, and misleading.

They also pointed out that the ruling of the Fifth Circuit Court of Appeals is at odds with rulings from other courts, which found that "lesser warnings are overly burdensome.

This petition mentions that...

If the opinion of the Fifth Circuit Court of Appeals is allowed to stand, the government would be authorized to require similar large and unsightly warnings on virtually any unpopular consumer product - from fast food, candy, and wine to plastic straws, firearms, and gas stoves.

Therefore, the tobacco manufacturers submitted an appeal on Monday (19th).