Judge Blocks Graphic Cigarette Labels

In a ruling Monday, U.S. District Judge Richard Leon stopped regulations requiring cigarette manufacturers to place graphic labels on their products from going into effect.

In a lawsuit, tobacco companies claimed that the new FDA rules violated their First Amendment rights since they compel speech in an unconstitutional manner. Leon concluded that the manufacturers’ argument has a significant chance of standing, and thus approved the industry’s request for an injunction. 

Noting that there are some instances where the government can require disclosures if it is “purely factual and uncontroversial information,” Leon argued that the nature of the labels, which include some photos that appear to be digitally touched up, fails to meet that standard.

The proposed labels include photos depicting the negative consequences smoking has on individual’s health, including diseased lungs and a woman crying. It is accompanied by text stating various slogans such as “Smoking can kill you” and “Tobacco smoke can harm your children.”

Following the ruling, the American Lung Association issued a statement decrying the decision.

“This ruling presents a direct and immediate threat to public health,” Charles Connor, President and CEO of the Association, said. “The tobacco industry’s efforts to halt the replacement of cigarette warning labels that are 25 years-old, ineffective and hidden on the side of packages, will result in more lives lost to tobacco.”