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Court Strikes Down Gross-Out Cigarette Labels

Court concludes that the government can't prove graphic warnings will work

By Kevin Spak,  Newser Staff

Posted Aug 24, 2012 2:08 PM CDT

(Newser) – The government can't force cigarette makers to put disgusting imagery warning of the dangers of smoking on their packages, a federal appeals court ruled today. In a 2-1 decision, the justices upheld a lower court ruling that the labels violated free speech protections, the AP reports. They said the case raises "novel questions about the scope of the government's authority" to regulate companies' speech.

They also added that the FDA "has not provided a shred of evidence" that the warnings would "directly advance" its goal of reducing smoking. Legal experts tell the Wall Street Journal that the case will probably wind up being decided by the Supreme Court.

Two of nine graphic new warning labels the FDA wants cigarette makers to have to use are seen in this file photo.
Two of nine graphic new warning labels the FDA wants cigarette makers to have to use are seen in this file photo.   (AP Photo/U.S. Food and Drug Administration, File)
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COMMENTS
Showing 3 of 28 comments
HANKHILL
Aug 25, 2012 11:25 AM CDT
dont need them! smoke choak die good by!
zazz
Aug 25, 2012 2:37 AM CDT
Putting gross pictures on the boxes will just make everybody run right out and buy cases for their cigarettes and since the cases themselves contain no tobacco, guess who they are going to market them to?
Bulls-Eye
Aug 24, 2012 10:19 PM CDT
Interesting.  This went 180 degrees different in Australian courts.  As much as I despise smoking, I agree with the finding of our courts on this one.
 

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