Federal appeals court strikes down FDA’s graphic cigarette labels

In an attempt to curb smoking rates, the Food and Drug Administration (FDA) proposed in 2011 larger warning labels for cigarette packages that included graphic images and blunt terminology. Despite their intentions, the FDA was not able to demonstrate that these new labels would actually discourage smoking, said the U.S. Court of Appeals in Washington D.C. in a 2-1 decision that struck down the new warnings.

The FDA’s new labels – which were meant to be rolled out this fall – are significantly larger than previous labels and relied heavily on graphic images meant to depict the pitfalls and risks of smoking, including pictures of diseased lungs with frank messages such as “smoking can kill you.” Tobacco firms fought back against the new labels, arguing that the regulation infringed on their commercial first amendment rights.

The case reached Washington’s U.S. Court of Appeals this summer, and in her majority opinion, Judge Janice Rogers Brown argued that the FDA failed to provide any evidence that the new images would significantly reduce smoking. This evidence is crucial if federal regulations wish to control a commercial entity’s right to free speech.

“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,” wrote Brown.

Antismoking groups have voiced their displeasure with the court ruling, according to the Wall Street Journal, and with strong opinions still flaring, it’s not likely the issue will come to rest just yet. Businesses – or regulators – that are designing and printing custom color labels with a Primera LX900 color label printer would do well to consider the impact of potentially controversial labels on their industry and customer base.