Supreme Court Rejects Challenge to Graphic Cigarette Warning Labels

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The U.S. Supreme Court rejected a challenge this week to federal rules requiring cigarette packaging and advertisements to display graphic warnings about the dangers of smoking.

On Monday, the Supreme Court issued a brief order where they declined to hear the case involving an appeal brought by the Tobacco company R.J. Reynolds against a federal requirement.

The Cigarette Label Requirements

The warnings feature graphic images such as smoke-damaged lungs, a woman with a large neck tumor accompanied by the caption, "WARNING: Smoking causes head and neck cancer," and feet blackened due to impaired blood flow.

The requirements stem from a 2020 rule issued by the U.S. Food and Drug Administration (FDA).

"Today, the U.S. Food and Drug Administration issued a final rule to require new health warnings on cigarette packages and in cigarette advertisements. The warnings feature textual statements with photo-realistic color images depicting some of the lesser-known, but serious health risks of cigarette smoking, including impact to fetal growth, cardiac disease, diabetes and more," the FDA said in 2020.

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The US Supreme Court is seen on the first day of a new term in Washington, DC, on October 7, 2024. On November 25, 2024, the Supreme Court rejected a challenge over graphic warnings on... SAUL LOEB/AFP via Getty Images/Getty Images

The FDA's 2020 message added: "These warnings focus on serious health risks that are less known by the public as being negative health consequences of smoking.

"For example, current smokers have been found to have almost four times the risk of bladder cancer as never smokers, and it has been estimated that smoking is responsible for 5,000 bladder cancer deaths in the U.S. each year—yet research shows the public has limited awareness of bladder cancer as a consequence of smoking."

The Tobacco Company's Appeal

R.J. Reynolds, one of the nation's largest tobacco companies, sought intervention from the Supreme Court after the 5th U.S. Circuit Court of Appeals upheld that the mandated warnings do not infringe upon First Amendment protections.

R.J. Reynolds contended that some images, such as the depiction of a large neck tumor, are misleading, arguing that most patients would seek medical attention long before a growth reached such an advanced stage.

However, the FDA defended the warnings, stating that the images accurately represent the well-documented health risks associated with smoking.

Global Cigarette Warnings

More than 120 countries worldwide now use larger, graphic warning labels on cigarette packaging, and studies indicate these image-based warnings are more effective than text alone in raising awareness about smoking risks and motivating smokers to quit. Meanwhile, the U.S. has not updated its cigarette warning labels since 1984.

The timeline for implementing new cigarette warning labels in the U.S. remains uncertain. Ongoing legal challenges persist, and the FDA has announced it will hold off enforcing updated requirements until at least December 2025.

This article includes reporting from The Associated Press.

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