Warning Labels Update…
Tobacco Warnings Could Trigger First Amendment Lawsuits
Tobacco companies vow to fight warning labels.
Nov 15, 2010
NEW YORK – When the U.S. Health and Human Services Department announced last week its proposal to include grim images on all cigarette packaging starting October 2012, the regulations unleashed a flurry of speculation as to whether such images would infringe on First Amendment rights, Advertising Age reports.
“It’s not surprising the FDA would do something like this,” said David L. Hudson, a scholar at the First Amendment Center. “The FDA has had many First Amendment issues and now they’re taking it to another level with these images. First Amendment rights have been flagrantly infringed upon in this area for some time. I think there’s been a movement afoot to have people think that there’s a tobacco advertising exception to the First Amendment. There isn’t, and there shouldn’t be. It’s not illegal to smoke in this country.”
Philip Morris Co.’s statement said it has “actively participated in the FDA’s rule-making and public comment processes and plans to do the same on this proposal.” However, R.J. Reynolds and Lorillard, along with other tobacco companies have filed a lawsuit relating to the legality of the bigger and more grisly warnings, pointing out that the labels will hide the brand names of the products.
The Food and Drug Administration is asking for public comment on the proposed guidelines through January 9. The agency will then choose nine photographs to accompany new warning text to be placed on cigarette boxes by October 22, 2012.
