Tobacco Companies Urge US Judge To Delay Graphic Cigarette Warning Labels
September 21 2011 - 5:54PM
Dow Jones News
The tobacco industry urged a federal judge Wednesday to block
the implementation of graphic warning labels on cigarettes.
The U.S. Food and Drug Administration is requiring tobacco
makers to place stronger warnings and graphic pictures on the top
half of cigarette packages starting in September 2012. The images
include pictures of diseased lungs, a body on an autopsy table and
a man blowing cigarette smoke out of a tracheostomy hole in his
neck that will be combined with stronger wording such as "smoking
can kill you."
Five tobacco companies, including Reynolds American Inc. (RAI)
and Lorillard Inc. (LO) have sued the FDA in U.S. District Court
for the District of Columbia arguing that the graphic images
violate the First Amendment's free speech clause. The industry has
said it would accept stronger text warnings in place of current
warnings on the sides of cigarette packages.
Altria Group Inc. (MO), the parent company of Philip Morris USA
isn't a party to the lawsuit or any other lawsuit but the company
has expressed concerns about the graphic warning requirements.
Steve Callahan, an Altria spokesman said, "We continue to work
constructively with the FDA, but reserve our rights and options to
protect the company's interests."
During Wednesday's hearing, the other tobacco companies asked a
judge to temporarily block the implementation of the graphic
warning labels while the case proceeds about whether the graphics
are legal. Industry lawyers argued the companies would soon have to
start spending "tens of millions of dollars" to purchase and test
new equipment capable of printing the new labels.
The judge in the case, Richard J. Leon, said he would try to
make a decision by the end of October about whether to delay the
implementation of the graphic warnings.
The new cigarette warnings stem from a 2009 law that gave the
FDA the authority to regulate tobacco. Included in the law is a
requirement for graphic images to go on cigarette packaging and
advertising. In 2010 another federal court in Kentucky ruled that
the government had the authority to regulate cigarettes. That case
is on appeal.
In the Washington D.C. federal case, tobacco companies argue
that the graphics "are designed to shock, disgust, and frighten
adult consumers of cigarettes" and are unconstitutional.
Noel Francisco, a lawyer who argued on behalf of the tobacco
companies, said the images don't meet a legal test that allows the
government to require companies to place certain "factual,
non-controversial" information on products.
"Shocking, color graphics don't even remotely deliver a factual,
non-controversial message," Francisco told Leon.
Mark Stern, a lawyer for the FDA, said the agency followed steps
outlined in the 2009 tobacco law when coming up with the graphic
images.
"Just because some of the images may be disturbing doesn't mean
they don't accurately portray the risks of smoking," Stern
said.
-By Jennifer Corbett Dooren, Dow Jones Newswires; 202-862-9294;
jennifer.corbett@dowjones.com