According to reports, a federal judge in the United States has cited the First Amendment right to prevent the Food and Drug Administration (FDA) from enforcing a regulation that would require tobacco manufacturers to print graphic warning labels on their products.
In 2009, the Family Smoking Prevention and Tobacco Control Act directed the FDA to create graphic health warnings, but the first attempt was blocked due to a lack of convincing evidence that these warnings would reduce smoking.
In March 2020, the FDA released a final regulation requiring warning labels on the top half of both the front and back of cigarette packaging, as well as at least 20% of the space on the top of cigarette advertisements.
In April 2020, tobacco companies, including Reynolds American, Imperial Tobacco, and Liggett Group, challenged the First Amendment. The regulation was originally set to take effect in November 2023 but has been overturned by courts multiple times before.
On December 7th, US District Judge J. Campbell Barker issued a lengthy opinion in which he revoked regulations from the FDA that required certain label statements and graphic images designed to increase public awareness of the health hazards of smoking. The judge found that these requirements were tailored to benefit the FDA.
The government has not indicated that mandatory large graphic warning labels are necessary, given other options," said the judge, adding that the government could invest more effort into public awareness campaigns.
In a joint statement released by the American Academy of Pediatrics, the organizations including the American Cancer Society, the American Cancer Society Cancer Action Network, the American Heart Association, the American Lung Association, the Campaign for Tobacco-Free Kids, and Truth Initiative criticized a federal judge's decision to block the Food and Drug Administration's mandate to use graphic warning labels on cigarette packages. The statement argues that the judge's ruling is legally incorrect and goes against decades of precedent, and it poses a threat to public health.
These institutions stated, "We urge the Department of Justice to appeal this decision and we believe that the FDA's warning will ultimately be supported by the higher courts.
The health organization also pointed out that the United States lags behind other countries in tobacco control policies. Prior to the passage of the Tobacco Control Act by Congress in 2009, only 18 countries/regions required graphic warnings on tobacco products. Today, over 120 countries require them.
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