US Graphic Warning Implementation Delayed to 2023

According to the Winston-Salem Journal, the implementation date for the U.S. graphic health warnings has been postponed by three months to October 6, 2023.

On August 10th, a judge from a Texas regional court approved the latest delay in the release date for the graphic health warnings. This is at least the ninth time a judge has ordered a delay.

The US Food and Drug Administration (FDA) issued a final rule in March 2020 requiring new graphic warnings on cigarette packages. The rule mandates the use of labels featuring lesser-known smoking health risks, such as diabetes, and the warnings must cover the top 50% of both the front and back panels of packages and at least 20% of top advertising space.

In April and May of 2020, cigarette manufacturers and retailers sued the FDA, arguing that the graphic warning requirements were equivalent to government anti-smoking propaganda because the government has never forced legal product manufacturers to use their own ads to spread messages urging adults not to use their products.

In a recent challenge, tobacco companies argued that the deadline delay due to the impact of the COVID-19 pandemic has become too burdensome. They also pointed out that if graphic health warnings are required to be rejected in court again, they face the risk of losing new packaging investments. In March 2021, a regional court in Texas approved the motion by the plaintiffs to postpone the effective date of the final rule until April 14, 2022. This resulted in an additional delay.

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