Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says

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A federal appeals court says a requirement that cigarette packs and advertising include graphic images demonstrating the effects of smoking does not violate the First Amendment.

FILE - This image provided by the U.S. Food and Drug Administration, Thursday, Aug. 15, 2019, shows proposed cigarette warning labels. A federal rule requiring that cigarette packs and advertising include graphic images demonstrating the effects of smoking, including pictures of smoke-damaged lungs and feet blackened by diminished blood flow, does not violate the First Amendment, a federal appeals court ruled Thursday, March 21, 2024.

The ruling overturns a lower court order from a federal district court in Texas, where a judge found the requirements violate the First Amendment. While reversing the lower court's First Amendment finding, the panel noted that the judge had not ruled on the APA-based challenge. It sent the case back to the district court to consider that issue.

Nearly 120 countries around the world have adopted larger, graphic warning labels. Studies from those countries suggest the image-based labels are more effective than text warnings at publicizing smoking risks and encouraging smokers to quit.

Source: Law Daily Report (lawdailyreport.net)

 

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