Four of the five largest U.S. tobacco companies have sued the federal government this week saying that nine new cigarette packaging warning labels made mandatory for the industry by the FDA, violate their free speech rights.
The lawsuit stated:
“Never before in the United States have producers of a lawful product been required to use their own packaging and advertising to convey an emotionally-charged government message urging adult consumers to shun their products.”
The FDA approved nine new warnings to rotate on cigarette packs. They will be printed on the entire top half, front and back, of the packaging. The new warnings also must constitute 20% of any cigarette advertising. They also all include a number for a stop-smoking hotline.
The companies, led by R.J. Reynolds Tobacco Co., Lorillard Tobacco Co., said the warnings no longer simply convey facts to allow people to make a decision on whether to smoke. They instead force them to put government anti-smoking advocacy more prominently on their packs than their own brands.
As it stands currently, when implemented in September 2012, all cigarettes manufactured for sale or distribution in the United States will need to include the new graphic health warnings on their packages. The introduction of these warnings is expected to have a significant public health impact by decreasing the number of smokers, resulting in lives saved, increased life expectancy, and improved health status.
Commissioner of Food and Drugs Margaret A. Hamburg, M.D. said:
“The Tobacco Control Act requires FDA to provide current and potential smokers with clear and truthful information about the risks of smoking – these warnings do that.”
The free speech lawsuit is a different action than a suit by several of the same companies over the Family Smoking Prevention and Tobacco Control Act. The law, which took affect two years ago, cleared the way for the more graphic warning labels, but also allowed the FDA to limit nicotine. The law also banned tobacco companies from sponsoring athletic or social events and prevented them from giving away free samples or branded merchandise.
The FDA refused to comment, saying the agency does not discuss pending litigation.
The lawsuit said the images were manipulated to be especially emotional. The tobacco companies said the corpse photo is actually an actor with a fake scar, while the healthy lungs were sanitized to make the diseased organ look worse.
Of course the bottom line never seems to be health, but money rather. The big tobacco companies also said the new labels will cost them millions of dollars for new equipment so they can frequently change from warning to warning and designers to make sure the labels meet federal requirements while maintaining some distinction among brands.
Joining R.J. Reynolds and Lorillard in the suit are Commonwealth Brands Inc., Liggett Group LLC and Santa Fe Natural Tobacco Company Inc. Altria Group Inc., parent company of the nation’s largest cigarette maker, Philip Morris USA, is not a part of the lawsuit.
Written by Sy Kraft