Navigation Links
U.S. Supreme Court Rejects Challenge to New Cigarette Labeling
Date:4/22/2013

By Steven Reinberg
HealthDay Reporter

MONDAY, April 22 (HealthDay News) -- The U.S. Supreme Court on Monday rejected a tobacco industry challenge to a controversial 2009 federal law that mandates graphic warning labels on cigarettes. The high court refused to hear the case, essentially upholding a lower court ruling in favor of the government's labeling changes.

However, the decision probably does not mean that smokers will soon be confronted by cigarette pack images of people dying from the ravages of smoking. That's because a second appeals court decision that blocked the label changes still stands.

Monday's decision by the Supreme Court focused on a case brought before the U.S. Court of Appeals for the Sixth Circuit in Cincinnati by the tobacco industry. The plaintiffs questioned the constitutionality of the Family Smoking Prevention and Tobacco Control Act, which gives the U.S. Food and Drug Administration sweeping oversight over tobacco products.

"There were several different provisions of the law the tobacco companies requested the Supreme Court to consider, one of those was related to graphic labels," U.S. Food and Drug Administration spokeswoman Jennifer Haliski explained.

On Monday, the high court said it was refusing to hear the Cincinnati case, meaning the appeals court's decision upholding the constitutionality of the 2009 law stands.

Among the provisions of the law the court let stand is the FDA's authority to mandate warning labels on tobacco products.

However, even though the agency now has the authority to mandate new cigarette labels, the nature of those revisions remains tied up in another case.

The FDA had hoped to add graphic warning labels on cigarette packs depicting the harmful effects of smoking, and put them in place by last September. But that effort was stalled by a federal appeals court in Washington D.C. In that case, tobacco industry lawyers said that forcing companies to display such messages and images interfered with cigarette makers' First Amendment rights.

In its decision, the Washington, D.C., court said the federal government had not shown enough evidence that the revised labels would reduce smoking rates. The court sent the issue back to the FDA for further study.

As it stands now, "FDA will undertake research to support a new rulemaking consistent with the Tobacco Control Act," Haliski said. She added that, for the time being, "FDA will need to conduct more research and propose new rulemaking to be able to implement graphic health warning labels."

According to Haliski, there appears to be no set timetable for developing new guidelines for graphic labels. In fact, it could take months or years before the agency proposes new graphic package labels.

One anti-smoking group wants swifter action.

"This decision allows the FDA to move forward with developing new graphic cigarette warnings that comply with both the 2009 law and recent court rulings. The FDA should quickly do so," Susan Liss, executive director of the Campaign for Tobacco-Free Kids, said in a statement released Monday. "While the Sixth Circuit upheld the law's requirement for graphic warnings, a separate ruling by the U.S. Court of Appeals for the D.C. Circuit blocked the specific warnings the FDA proposed."

The 2009 law requires graphic warnings covering the top half of the front and back of cigarette packs and 20 percent of cigarette ads, Liss said. "The Sixth Circuit [Cincinnati] ruling found that the required warnings 'are reasonably related to the government's interest in preventing consumer deception and are therefore constitutional.' "

"FDA is pleased with today's decision and that the agency's work can move forward to implement the Tobacco Control Act in a way that addresses this significant public health problem," the agency said in a statement.

More information

For more information on the Tobacco Control Act, visit the U.S. Food and Drug Administration.

SOURCES: April 22, 2013, news release, U.S. Food and Drug Administration; Campaign for Tobacco-Free Kids, statement, April 22, 2013


'/>"/>
Copyright©2012 ScoutNews,LLC.
All rights reserved  

Related medicine news :

1. Human Gene Patent Case Goes to Supreme Court
2. Cell Phone Radiation Lawsuit Update: ICEMS Position Paper Supports Italian Supreme Court Ruling on Cell Phones and Brain Tumors, Bernstein Liebhard LLP Reports
3. Supreme Court Ruling Sets Stage for Full Rollout of Health-Care Reform Law
4. Coral Calcium Company Announces New Offer Amidst Supreme Court Healthcare Decisions
5. Supreme Court Backs Much of Controversial Health Reform Law
6. Supreme Court Surprises in Citizens United Montana Case, Delays Order
7. America Awaits Supreme Courts Ruling on Health Care Reform
8. DrugRisks Update: Federal Court Schedules First Mirena Lawsuit Hearing
9. Albertson & Davidson, LLP Obtains Court Order Requiring California Trustee to Provide Pre-Death Accounting
10. Centercourt Athletic Club of Marlboro Opens To Grow Junior & Adult Tennis Programs
11. DrugRisk Update: Mirena Maker Asks to Keep Lawsuits With Local Court, Judge
Post Your Comments:
*Name:
*Comment:
*Email:
Related Image:
U.S. Supreme Court Rejects Challenge to New Cigarette Labeling
(Date:2/11/2016)... ... February 11, 2016 , ... Student-doctors from Western University of ... Program Tuesday, February 9, taking one of the final steps in their medical ... positions across the country. Of the 103 student-doctors who comprise the College of ...
(Date:2/11/2016)... , ... February 11, 2016 , ... Florida Hospital presents ... take on the St. Louis Blues at the Amalie Arena. The puck drops at ... walk-through heart exhibit, the MEGA Heart, prior to the game. The MEGA Heart will ...
(Date:2/11/2016)... ... February 11, 2016 , ... The president released a ... Health System but would shift more of the cost burden to military beneficiaries. ... laid out in the defense budget as including limited quantifiable benefit fixes mixed with ...
(Date:2/11/2016)... Petersburg, FL (PRWEB) , ... February 11, 2016 ... ... providers and advocates will discuss how to improve care by making data on ... pediatric heart disease. The Summit on Transparency and Public Reporting of Pediatric and ...
(Date:2/11/2016)... ... February 11, 2016 , ... Atlantic Information Services, ... Benefit Model: A Case Study for Plans and Purchasers.” Executives from Intel Corp. ... with Intel on value-based health benefits program Connected Care, will discuss the challenges ...
Breaking Medicine News(10 mins):
(Date:2/11/2016)...  Community pharmacists can help improve medication adherence and ... a custom-built medication synchronization program, Cardinal Health MedSync Advantage™. ... Schieber Family Pharmacy in Circleville, ... patients enrolled in this medication synchronization program, which is ... the patient, and it,s a win for us because ...
(Date:2/11/2016)... , Feb. 11, 2016  Delcath Systems, Inc. ... medical device company focused on oncology with an ... liver cancers, announces the engagement of Lars ... Global Medical Consultant. Dr. Birgerson will provide strategic ... clinical operations team to help ensure timely facilitation ...
(Date:2/11/2016)... Scientists from Silicon Biosystems Menarini today ... door to genetic analysis of previously preserved tumor ... isolate with 100 percent purity. Utilizing the com­pany,s ... various stages of development, the researchers were able ... are clinically relevant, and may change the way ...
Breaking Medicine Technology: