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These Scary Cigarette Labels Won't Be Seen Because They Violate Big Tobacco's First Amendment Rights

Dominic Green   

These Scary Cigarette Labels Won't Be Seen Because They Violate Big Tobacco's First Amendment Rights
Advertising1 min read

FDA-proposed cigarette labels

U.S. Government

One of the FDA-proposed labels.

American smokers will be spared these disgusting images on their cigarette packaging ... for now.

The U.S. Justice Department has decided that it will not ask the Supreme Court to overturn a lower court ruling that the nine FDA-proposed labels violate the First Amendment via unconstitutional compelled speech.

There is still a chance for the ruling to be reversed, however, if the FDA issues new labels that are challenged again "at a later date."

Graphic images on cigarette packs were required by Congress as of 2009. Following the law, the FDA was sued by five of the largest cigarette companies in the U.S. They claimed the government-enforced health ads used "threats and fear" to influence consumers.

Canadian Cigarette Label

Associated Press

A Canadian cigarette label.

The FDA says "evidence from international experience" proves that photos work to dissuade people from buying tobacco products. In 2000, Canada became the first to put labeling laws in place; currently, 75 percent of every Canadian cigarette pack must display a warning.

Meanwhile, New York's Mayor Bloomberg renewed his war against all things unhealthy with a proposal this week to ban cigarettes from being displayed in stores.

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