Navigation Links
Can new FDA graphic warning labels for tobacco pass a first amendment legal challenge?
Date:6/17/2013

WASHINGTON When the U.S. Food and Drug Administration (FDA) imposes new graphic warning labels for tobacco products, they can survive a First Amendment challenge if they depict health consequences and their effectiveness is supported by adequate scientific evidence, says a Georgetown University Medical Center public health expert and attorney.

Graphic tobacco warning labelswhich combine images with health warningsare a widely used tool for reducing tobacco use in other countries, but the tobacco industry argues they are unconstitutional in the United States.

In an analysis of legal and scientific issues for graphic warning labels published in the American Journal of Preventive Medicine, John Kraemer, JD, MPH, outlines how the courts will likely analyze graphic warnings and identifies what health evidence must be presented to survive a legal challenge. Kraemer is an assistant professor of health systems administration at Georgetown University School of Nursing & Health Studies and member of the O'Neill Institute for National and Global Health Law.

Despite the fact that smoking kills 443,00 Americans each year, Kraemer says, "The U.S. has some of the weakest tobacco warning labels in the world, and they haven't been updated in almost 30 years."

In 2009, Congress passed the Family Smoking Prevention and Control Act requiring graphic warning labels on tobacco products, giving the FDA authority to specify the images and text that must be included. The FDA issued nine graphic warnings in June 2011, but withdrew them after two federal appeals courts came to opposite conclusions about their constitutionality.

Though ambiguity exists over what constitutional standard would be applied in a legal challenge to the labels, Kraemer argues that it is possible for the FDA to meet the two most likely standards rational basis review and intermediate reviewwith the right scientific evidence.

Kraemer says the labels would likely be analyzed under rational basis review and almost certainly prevail "if the courts decide the warnings combat the industry's past deception." He says some courts have also applied this review to uncontroversial, factual warnings, such as information intended to help consumers make healthier decisions.

The second possibility is intermediate review, which requires a stronger governmental interest and greater certainty that warning labels would be effective.

"Under this review, the FDA could likely win, but the case will turn on how well the government can convince the courts about certain empirical evidence," Kraemer explains. "Providing clear evidence of [graphic warning labels'] impact on smoking rates themselves or for the causal mechanism [by which they reduce smoking] would meet the Court's test."

He adds that the FDA must also take care to avoid images that could be interpreted as opinions instead of facts or which do not show a negative health consequence of smoking, such as an image previously adopted by the FDA, which depicted a man with a no-smoking sign on his shirt.


'/>"/>

Contact: Karen Mallet
km463@georgetown.edu
Georgetown University Medical Center
Source:Eurekalert

Related medicine news :

1. Geographic Information Systems aid health research in developed and developing countries
2. Father's Day Infographic Release by 123Greetings.com: Are Fathers Underrated
3. Personal Injury Law Firm Issues New Infographic Detailing a Potential Link Between Stevens Johnson Syndrome and Common Children’s Medicines
4. Personal Injury Law Firm Releases Graphic with the Latest Information on Antidepressants and a Possible Risk of Birth Defects
5. Law Firm Releases Slip and Fall Accident Informational Graphic to Show the Frequency and Cost of These Incidents
6. Personal Injury Law Firm Announces New Informational Graphic Regarding Dog Bite Injuries
7. Law Firm Releases New Informational Graphic on the Basics of Understanding Medical Malpractice Cases
8. Auto Accident Infographic Issued by d’Oliveira & Associates on Steps to Take After a Car Crash
9. Injury Law Firm Announces New Informative Graphic on Common Medicines That Have Allegedly Been Linked to Stevens Johnson Syndrome
10. Michigan Car Accident Lawyer at Buckfire & Buckfire, P.C. Creates Drunk Driving Deaths Infographic
11. Infographic by INTIMINA Brings Incontinence Out in the Open
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:2/24/2017)... ... February 24, 2017 , ... The Radiology Business Management Association will ... at the annual Building Better Radiology Marketing Programs conference, held this year ... Worth, Texas. Nine awards are given out in five categories. They are:, ...
(Date:2/24/2017)... ... February 24, 2017 , ... ... Senior International Elite division on February 12th. Ms. Esparza qualified into this ... elite qualifier competition held in Las Vegas, Nevada. Frida is one of approximately ...
(Date:2/23/2017)... ... February 23, 2017 , ... Thinksport, the most award-winning ... Gran Fondo of Marin. For the second year in a row, cyclists will ... , “We are thrilled to provide our safe, non-toxic sunscreen to over 2,000 ...
(Date:2/23/2017)... ... 23, 2017 , ... The 89th Academy Awards will be celebrated this weekend, ... Policy Center Bunkum Award. We invite you to enjoy our 11th annual tongue-in-cheek “salute” ... is the Center for American Progress (CAP), for its report, Lessons From State Performance ...
(Date:2/23/2017)... ... February 23, 2017 , ... ... a clinician-based audience, will be participating in Rare Disease Day events, hosted by ... In addition, Rare Disease Report, a website, weekly e-newsletter and quarterly publication, will ...
Breaking Medicine News(10 mins):
(Date:2/23/2017)... LA JOLLA, Calif. , Feb. 23, 2017 /PRNewswire/ ... biopharmaceutical company leading the discovery and development of innovative ... quarter and full year 2016 financial results on Thursday, ... Regulus will host a conference call and webcast on ... discuss fourth quarter and full year 2016 financial results ...
(Date:2/23/2017)... -- According to a new market research ... Analog), MRI (Closed, Open), Ultrasound, CT, Nuclear Imaging (SPECT, ... (Hospitals, Imaging Centers) - Global Forecast to 2021", published ... the forecast period of 2016 to 2021. The market ... at a CAGR of 6.6% from 2016 to 2021. ...
(Date:2/23/2017)... Feb 23, 2017 ... Research and Markets has announced the addition of ... to 2025" report to their offering. The Global ... 1.8% over the next decade to reach approximately $12.8 billion by 2025. ... forecasts for all the given segments on global as well as regional ...
Breaking Medicine Technology: