msnbc.com staff and news service reports
WASHINGTON – Remember those shocking images that the FDA wanted tobacco companies to print on packages to deter smoking? a man exhaling cigarette smoke through a hole in his throat? a dead smoker on an autoposy table?
Well, a judge sided with the tobacco companies Monday, slapping a temporary injunction against the images.
U.S. District Judge Richard Leon ruled that it is likely the cigarette makers will succeed in a lawsuit to block the requirement. he stopped the requirement until the lawsuit is resolved, which could take years.
Leon found the nine graphic images approved by the Food and Drug Administration in June go beyond conveying the facts about the health risks of smoking or go beyond that into advocacy — a critical distinction in a case over free speech.
The packaging would have included color images of a man exhaling cigarette smoke through a tracheotomy hole in his throat; a plume of cigarette smoke enveloping an infant receiving a mother’s kiss; a pair of diseased lungs next to a pair of healthy lungs; a diseased mouth afflicted with what appears to be cancerous lesions; a man breathing into an oxygen mask; a cadaver on a table with post-autopsy chest staples; a woman weeping; a premature baby in an incubator; and a man wearing a T-shirt that features a “No Smoking” symbol and the words “I Quit”
“It is abundantly clear from viewing these images that the emotional response they were crafted to induce is calculated to provoke the viewer to quit, or never to start smoking — an objective wholly apart from disseminating purely factual and uncontroversial information,” Leon wrote in his 29-page opinion. he pointed out that at least some were altered photographs to evoke emotion.
The judge also pointed out the size of the marks suggests they are unconstitutional — the FDA requirement said the marks were to cover the entire top half of cigarette packs, front and back and include a number for a stop-smoking hotline. the marks were to constitute 20 percent of cigarette advertising, and marketers were to rotate use of the images. Leon said the marks would amount to a “mini-billboard” for the agency’s “obvious anti-smoking agenda.”
The Justice Department argued that the images, coupled with written warnings, were designed to communicate the dangers to youngsters and adults. the FDA declined to comment on the judge’s ruling.
Matthew Myers, president of the Campaign for Tobacco-Free Kids, urged the Obama administration to appeal the ruling that he said “is wrong on the science and wrong on the law.” he said a delay would only serve the financial interests of tobacco companies that spend billions to downplay the health risks of smoking and glamorize tobacco use.
“Studies around the world and evidence presented to the FDA have repeatedly shown that large, graphic warnings, like those adopted by the FDA, are most effective at informing consumers about the health risks of smoking, discouraging children and other nonsmokers from starting to smoke, and motivating smokers to quit,” Myers said in a statement. “because of that evidence, at least 43 other countries now require large, graphic cigarette warnings.”
Congress instructed the FDA to require the marks, following the lead of the Canadian regulations that require similarly graphic images on cigarette packs. the cigarette makers say their products have had medical warnings for more than 45 years, but that they never filed a legal challenge against them until these images were approved.
Tobacco companies are increasingly relying on their packaging to build brand loyalty and grab consumers. It’s one of few advertising levers left to them after the government curbed their presence in magazines, billboards and TV, and the graphic marks could cost them millions in lost sales and increased packaging costs.
The cigarette makers that sued the FDA are R.J. Reynolds Tobacco Co., Lorillard Tobacco Co., Commonwealth Brands Inc. Liggett Group, and Santa Fe Natural Tobacco Co.
See the article online here.
This entry was posted on Monday, November 7th, 2011 at 12:56 PM and is filed under Agency News, Bureau Operations, Community Partners. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.
Post navigation « Previous Post
Judge blocks graphic cigarette mark images « Tobacco Free Arizona – Blog