The Supreme Court has decided not to hear a case challenging the federal requirement for cigarette packages and advertising to feature graphic images illustrating the harmful effects of smoking. This decision was announced in a brief order issued on Monday.
R.J. Reynolds, a major tobacco company, had appealed to the Supreme Court after the 5th U.S. Circuit Court of Appeals ruled that the graphic warnings do not violate the First Amendment. The images in question include depictions of smoke-damaged lungs, feet affected by reduced blood flow, and a photograph of a woman with a large growth on her neck accompanied by a warning about head and neck cancer.
One of the arguments put forth by the tobacco company was that the image showing a significant growth on the woman's neck could be misleading, as most patients would seek medical attention before a growth reached that size. However, the Food and Drug Administration (FDA) maintained that all the images accurately represent the well-established risks associated with smoking.
These graphic warning labels are already in use in nearly 120 countries worldwide, with studies indicating that they are more effective than text-only warnings in raising awareness about the dangers of smoking and encouraging smokers to quit. Notably, the United States has not updated its warning labels since 1984.
While the timeline for implementing new warning labels remains uncertain, the FDA has stated that it does not intend to enforce any new requirements until at least December 2025. Despite some ongoing legal challenges, the FDA's stance underscores the importance of these graphic warnings in promoting public health and reducing smoking-related harm.
