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Regulation was adopted by FDA in 2020 under Trump

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Tobacco companies raised free speech objections

By John Kruzel

WASHINGTON, Nov 25 (Reuters) - The U.S. Supreme Court

declined on Monday to decide whether federally mandated warnings

on cigarette packs that graphically illustrate the health risks

of smoking violate the free speech rights of tobacco companies

opposed to the labels.

The justices turned away an appeal by RJ Reynolds and other

tobacco companies of a lower court's ruling that found that a

set of health warnings required by the U.S. Food and Drug

Administration did not violate the rights of the companies under

the U.S. Constitution's First Amendment. The action by the

justices means the lower court's ruling stands.

The rule was adopted by the agency in 2020 during Donald Trump's

first presidential administration. The FDA required that

warnings about the risks of smoking occupy the top 50% of

cigarette packs and top 20% of advertisements. The regulation is

technically in effect, but the FDA has generally withheld

enforcing it amid legal challenges.

The set of 11 warnings include depictions of feet with

amputated toes, a baby whose fetal growth had been stunted, and

a woman with a large protrusion in her neck caused by cancer,

along with written descriptions of various health risks.

RJ Reynolds, which is part of British American Tobacco ( BTI )

, ITG Brands, which is part of Imperial Brands ( IMBBF ),

Liggett, which is part of Vector Group, and other

tobacco companies sued in 2020 to challenge the warning labels.

The companies claimed, among other things, that the health

warnings violated their free speech rights by compelling the

companies to endorse the U.S. government's anti-smoking message

through images they said misrepresented or exaggerated health

consequences of smoking.

U.S. smoking rates have fallen dramatically in the past six

decades, from 42.6% of American adults in 1965 to 11.6% in 2022,

according to the American Lung Association. But, according to

the U.S. Centers for Disease Control and Prevention, smoking

still causes more than 480,000 U.S. deaths annually.

The FDA said the warnings were justified by the U.S.

government's interest in promoting greater understanding of the

health risks from smoking, and reducing confusion and deception.

The agency argued that the illustrated warnings were necessary

because text-only warnings failed to deter teenagers from

smoking.

U.S. District Judge J. Campbell Barker in Tyler, Texas, in 2022

blocked the regulation, finding that the graphic warnings

violated First Amendment protections.

But the New Orleans-based 5th U.S. Circuit Court of Appeals

in March found that the disputed warnings were "factual and

uncontroversial," thus satisfying the relevant legal standard

under the First Amendment. This prompted the tobacco companies

to appeal to the Supreme Court.

RJ Reynolds declined on Monday to comment on the court's

decision to deny its appeal.

In a separate case involving the FDA, the Supreme Court on Dec.

2 is set to hear arguments over the agency's denial of

applications to sell flavored vape products.