Smoking

ENG 112

The article “Federal appeals court strikes down FDA tobacco warning label law” discusses the controversy over tobacco warning labels. CNN’s Bill Mears goes on saying, “A government mandate requiring tobacco companies to place graphic images on their products warning of the dangers of smoking was tossed out Friday by a divided federal appeals court, with the majority saying the requirements were a violation of free speech protections.”

Bill Mears shares that Judge Brown wrote, “The First Amendment requires the government not only to state a substantial interest justifying a regulation on commercial speech, but also to show that its regulation directly advances that goal,” she then goes on stating “FDA failed to present any data – much less the substantial evidence required under the federal law – showing that enacting their proposed graphic warnings will accomplish the agency’s stated objective of reducing smoking rates. The rule thus cannot pass muster.”

Bill Mears goes on sharing details that in 2009 the Family Smoking Prevention and Tobacco Control Act was passed. This requiring nine written warnings labels on cigarette box's including images of a corps and smoke-infected lung. After the act was passed a group of tobacco companies led by R.J. Reynolds and Lorillard sued claiming that the obligations of the act would be cost-prohibitive and would damage the package and promotion of tobacco products.

The FDA says that it was a governmental interest in “effectively communicating health information” of the negative side effects of cigarette smoking. But, Bill Mears shares that Judge Brown and Judge Randolph rejected that assertion and in March a federal judge ruled in favor of the tobacco companies.

Bill Mears goes on telling us that the government can appeal to the Supreme Court for review. Another federal appeals court in Cincinnati concluded that the FDA law was constitutional. With that, there maybe a good chance that the Supreme Court may...