Health Policy, In the News ,

The saga continues

A victory for the Food and Drug Administration (FDA) came this week in the form of a court ruling upholding the constitutionality of a rule requiring cigarette packs to have graphic warning labels.

Several lawsuits have been fought over this law across the country, which we at Upstream have covered from the beginning before the law was passed, to early lawsuits (unsuccessfully) suing the FDA, and finally to the controversy around whether the labels are a violation of free speech. This graphic labeling requirement is one part of a larger law, the 2009 Family Smoking Prevention and Tobacco Control Act.

After a federal judge initially upheld concerns of tobacco companies, the federal government appealed and the newest ruling was made by an appeals court in Cincinnati.

However, a concession was made to the tobacco companies this time as well – A provision within the law requiring the removal of all colors or imagery to advertise their brands (allowing only black and white text) was struck down.

Additional FDA regulations were upheld though, including restrictions on the marketing of “light” cigarettes.