Navigation Links
Appeals Court Backs FDA Move for Graphic Images on Cigarette Packs
Date:3/19/2012

By Steven Reinberg
HealthDay Reporter

MONDAY, March 19 (HealthDay News) -- In the latest salvo in the battle over U.S. government plans to put graphic anti-smoking images on cigarette packs, a federal appeals court has upheld the proposed changes.

According to the Associated Press, the lawsuit against the label changes was filed in Kentucky, but on Monday a federal appeals court in Ohio that was reviewing the case voted 2 to 1 to uphold the new law, part of the Family Smoking Prevention and Tobacco Control Act.

A separate lawsuit aimed at blocking the labeling changes had a different outcome: last month, a federal judge in Washington, D.C. blocked the move, claiming it violated free speech. At the time, Obama Administration officials said they were determined to fight back and keep the rule in place.

"This Administration is determined to do everything we can to warn young people about the dangers of smoking, which remains the leading cause of preventable death in America," the U.S. Department of Health and Human Services said at the time.

The proposed requirement from the U.S. Food and Drug Administration, which is set to take effect this September, would emblazon cigarette packaging with images of people dying from smoking-related disease, mouth and gum damage linked to smoking and other gruesome portrayals of the harms of smoking.

But on Feb. 29 U.S. District Judge Richard Leon, of the U.S. District Court in the District of Columbia, ruled that the FDA mandate violated the U.S. Constitution's free speech amendment.

Anti-smoking advocates strongly back the FDA proposal, however.

"We're pleased that the U.S. Department of Justice has already appealed the earlier [Washington, D.C.] ruling and is working to preserve this critical requirement of the landmark 2009 law giving the Food and Drug Administration the authority to regulate tobacco products," Matthew Myers, president for the Campaign for Tobacco-Free Kids, said in a statement.

Oral arguments on the appeal have been scheduled for April, according to a spokesman for the Campaign for Tobacco-Free Kids.

The FDA has contended that the benefits to the public of highlighting the dangers of smoking outweigh the tobacco industry's free-speech rights.

The nine proposed images, designed to fill the top half of all cigarette packs, have stirred controversy since the concept first emerged in 2009.

One image shows a man's face and a lighted cigarette in his hand, with smoke escaping from a hole in his neck -- the result of a tracheotomy. The caption reads "Cigarettes are addictive." Another image shows a mother holding a baby as smoke swirls about them, with the warning: "Tobacco smoke can harm your children."

A third image depicts a distraught woman with the caption: "Warning: Smoking causes fatal lung disease in nonsmokers."

The labels are a part of the requirements of the Family Smoking Prevention and Tobacco Control Act, signed into law in 2009 by President Barack Obama. For the first time, the law gave the FDA significant control over tobacco products.

Smoking is the leading cause of early and preventable death in the United States, resulting in some 443,000 fatalities each year, according to the U.S. Centers for Disease Control and Prevention, and costs almost $200 billion every year in medical expenses and lost productivity.

Over the last decade, countries as varied as Canada, Australia, Chile, Brazil, Iran and Singapore, among others, have adopted graphic warnings on tobacco products.

More information

For more on the warning labels and to see the images, visit this FDA website.

SOURCE: Associated Press; Feb. 29, 2012, statement, Matthew Myers, president, Campaign for Tobacco-Free Kids; Feb. 29, 2012, statement, U.S. Department of Health and Human Services


'/>"/>
Copyright©2010 ScoutNews,LLC.
All rights reserved  

Related medicine news :

1. Divided appeals court rules on BRCA case
2. Connor Sport Court Lays the Ground for NBA All-Star Jam Session Presented by Adidas
3. Prince Court Medical Center in Malaysia to Release First Patients Beyond Borders FOCUS ON:™
4. Health Groups Ask Supreme Court to Authorize Financial Penalties on Tobacco Companies for Decades of Wrongdoing
5. Court Orders Reinstatement of Vital, Cost-Saving Treatment for Children With Autism
6. Legacy(SM) Case for Tobacco Funds to be Heard by Ohio Supreme Court
7. Court Hearing Thursday on Physicians Challenge to Obamacare: Doctors Argue Against Arbitrary Power and Tyranny
8. Democracy on Trial: SEIUs $25 Million Lawsuit Against Union Reformers Goes to Court Monday
9. Court Authorizes Haemacure to Sell its Assets and Grants a Second Extension to Make a Proposal to its Creditors
10. New Free Webinars Announced to Discuss the Latest Federal Court Overpayment Lawsuit Ruling and New Obama Health Laws for the Skyrocketing $6 Trillion Overpayment Recoupment Market
11. Feeding America's David Arquette and Courteney Cox Team Up With the National Association of Letter Carriers to Stamp Out Hunger™
Post Your Comments:
*Name:
*Comment:
*Email:
Related Image:
Appeals Court Backs FDA Move for Graphic Images on Cigarette Packs 
(Date:4/30/2016)... ... ... us, but there are things we can do to improve the odds of staying healthy for ... that there are simple, yet important steps that can be taken to maintain good health and ... her patients include;, , exercise , healthy diet , ...
(Date:4/29/2016)... ... 30, 2016 , ... World Patent Marketing , a ... an automotive invention that improves the storage features of a pick up truck. ... Scott Cooper, CEO and Creative Director of World Patent Marketing. "Over the next ...
(Date:4/29/2016)... , ... April 29, 2016 , ... In an ... and divorcee, shares her enthusiasm for Botox and lip injections, which she underwent in ... youth oriented Coachella Valley Music and Arts Festival. The article explains that Ms. Mirmelli’s ...
(Date:4/29/2016)... ... April 29, 2016 , ... Memorial ... for Graduate Medical Education (ACGME) that it has received accreditation for its residency ... of three residency programs that Memorial is currently pursuing, including Pediatrics and Internal ...
(Date:4/29/2016)... ... 2016 , ... Our bodies are bombarded daily by environmental and lifestyle factors ... stressors is to adopt a more healthful diet, but too many people think that ... Holistic Nutritionist and the creator of the Newport Beach Cleanse and 14-Day Eating Plan, ...
Breaking Medicine News(10 mins):
(Date:4/27/2016)... BASEL , Schweiz, April 27, 2016 ... des Sachs CEO Forums in Zürich ... Phase-II-Studie ihres führenden Wirkstoffkandidaten STR001 zur Erhaltung ... (CI) eingesetzt wurde, bekannt. Für die umfassende ... Deutschland und Frankreich angeworben. STR001 wird während ...
(Date:4/27/2016)... , April 27, 2016   ... 42% Growth in Recurring Consumable Sales  Clinical ... Mauna Kea Technologies (Euronext: MKEA, OTCQX: MKEAY) inventor of ... its sales for the first quarter ended March 31, ... the execution of its commercial strategy. First ...
(Date:4/27/2016)... ALBANY, New York , April 27, 2016 /PRNewswire/ ... new market report titled, "Skincare Devices Market - Global ... - 2023." According to the report, the global skincare ... 2014 and is anticipated to expand at a CAGR ... 17,299.4 Mn in 2023. Browse the full Skincare ...
Breaking Medicine Technology: