On June 21, 2011, the Department of Health and Human Services unveiled a series of twenty-seven warning images that were scheduled to appear on all cigarette boxes in September, 2012.

One of the images rejected by the FDA

The words contain predictable catch-phrases, like “Smoking can kill you” and “Cigarettes are addictive.”  However the photos do the real talking.  The images proposed for use on the cartons contained pictures of children being effected by smoke, cancer patients, and even cadavers.  Some of the stronger images were ruled out by the FDA.  Those making the cut can be seen here.

Even though the FDA decided to pass on some of the stronger images, four cigarette companies files suit in August, seeking to prevent the FDA from adding its new warnings to cigarette cartons.  The cigarette companies alleged that the warnings violate their First Amendment rights.  According to Floyd Abrams, an attorney for one of the cigarette companies, “The notion that the government can require those who manufacture a lawful product to emblazon half of its package with pictures and words admittedly drafted to persuade the public not to purchase that product cannot withstand constitutional scrutiny.”

Another image nixed by the FDA

A federal judge granted a preliminary injunction against use of the warning labels.  Since that time, the controversy has exploded.   On November 30th, FDA appealed the judge’s decision.  President Obama even weight in on the issue, noting in a video that the tobacco companies only challenged the use of the warning labels because ”they don’t want to be honest about the consequences.”  Twenty-four attorneys-general backed President Obama by filing amicus curiae in support of the FDA’s appeal.  The attorneys-general alleged that the First Amendment does not preclude the federal government from requiring that “lethal and addictive products carry warning labels that effectively inform consumers of the risks those products entail.”

The outcome of the suit has yet to be determined.

For more on this subject, please refer to the following articles:

• New Cigarette Warning Labels Unveiled
• Lorillard Sues FDA in Bid to Stop New Cigarette Warning Labels
• FDA to Appeal Injunction against Cigarette Warning Labels
• 24 States Back FDA on Tobacco Warning Label Lawsuit