Tobacco Industry Loses Another Legal Challenge to Graphic Cigarette Warnings – We Are a Big Step Closer to Effective Health Warnings
Statement of Yolonda C. Richardson, President and CEO, Campaign for Tobacco-Free Kids
May 21, 2024
WASHINGTON, D.C. – The full U.S. Court of Appeals for the Fifth Circuit today refused to hear the tobacco industry’s challenge to graphic cigarette health warnings required by a 2020 FDA rule, leaving in place a unanimous March 21 ruling by a three-judge panel of the court that upheld the warnings. The three-judge panel found that the FDA’s warnings are “factual and uncontroversial” and do not violate the First Amendment. Today’s decision by the full court is another major victory for public health and a defeat for the tobacco industry. In light of this decision, the tobacco industry should end its appeals and the FDA should finally implement these long-overdue graphic warnings, which were first mandated by Congress in 2009.
The March 21 ruling affirmed that the FDA’s graphic cigarette warnings are both scientifically and legally sound. These graphic warnings are critically needed as the current text-only warnings have become stale and unnoticed since they were last updated in 1984. The new warnings are supported by extensive scientific evidence showing that graphic warnings are most effective at increasing public understanding of the dire health consequences of smoking. Because of the tobacco industry’s repeated legal challenges, the U.S. currently ranks last in the world in the size of its cigarette warnings and has fallen behind the rest of the world in implementing graphic warnings, which are now required by 138 countries and territories. It is time for the U.S. to catch up with the rest of the world in implementing this best-practice policy to reduce tobacco use and save lives.
Congress first mandated the graphic health warnings as part of the 2009 Family Smoking Prevention and Tobacco Control Act, which required graphic warnings covering the top half of the front and back of cigarette packs and 20% of cigarette advertisements.
The Campaign for Tobacco-Free Kids joined other public health and medical organizations in filing an amicus brief in support of the FDA’s graphic cigarette warnings.