March 21 (Reuters) - A federal appeals court on Thursday

said a U.S. Food and Drug Administration regulation requiring

graphic warning labels on cigarette packages and advertisements

is constitutional, handing a victory to the Biden administration

and a defeat to the tobacco industry.

Reversing a lower court ruling, the 5th U.S. Circuit Court

of Appeals in New Orleans said the warnings are "factual and

uncontroversial," and satisfy the First Amendment.

RJ Reynolds, ITG Brands, Liggett and other tobacco companies

had said the labels violated their free speech rights by

compelling them to effectively endorse emotionally charged

statements concerning their products, as opposed to facts such

as how smoking can cause cancer.

The labels were to include 11 graphic images, such as

diseased feet with amputated toes, to illustrate the risks of

smoking.

According to the Biden administration, the labels were

necessary because text-only warnings failed to deter teenagers

from smoking.

The appeals court returned the case to the lower court judge

to assess whether the regulation violated other laws, which the

judge has yet to consider.