WASHINGTON, D.C. A federal judge has granted a preliminary injunction blocking the use of new, graphic warning labels that federal health officials want added to cigarette packs and advertising as a way to discourage smoking and other tobacco use.
U.S. District Court Judge Richard Leon ruled today that the new labeling rules, which were announced by federal health officials in June, might violate the U.S. Constitution's First Amendment guarantee of free speech while essentially forcing the tobacco companies to disseminate the government's anti-tobacco message.
The new labeling rules were challenged by five leading tobacco companies, R.J. Reynolds, Lorillard, Commonwealth Brands, the Liggett Group and Santa Fe Natural Tobacco Co.
The nine labels approved by the U.S. Food and Drug Administration included images of a diseased smoker's lung and other startling images meant to impress on consumers the health risks of using tobacco.
The images were scheduled to begin appearing on cigarette packs, cartons and other tobacco company advertising materials beginning in October 2012, but that might be delayed by the temporary injunction.
Comment wasn't immediately available from officials at the FDA or the U.S. Department of Health and Human Services, which oversees the FDA.
But the decision drew quick praise from tobacco company spokesmen and some others.
"Today's ruling reaffirms fundamental First Amendment principles by rejecting the notion that the government may require those who sell lawful products to adults to urge current and prospective purchasers not to purchase those products," said Floyd Abrams, an attorney on the case for Lorillard.
“The ruling is an important victory for anyone who has railed against living in the slavery imposed by a 24/7 Nanny State," said Maureen Martin, senior fellow for legal affairs at the conservative Heartland Institute.
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