DC Circ. Skeptical Of New FDA Cigarette Warning Labels

Law360, Washington (April 10, 2012, 4:01 PM EDT) -- Two judges on a D.C. Circuit panel called out the U.S. Food and Drug Administration on Tuesday, saying the agency's new graphic warning images and labels for cigarette packets force tobacco companies to become advocates against smoking.

Although the FDA argued that the new warnings, which would place graphic pictures of diseased lungs and larger text boxes against smoking on cigarette packets, were protected as commercial speech, Judges A. Raymond Randolph and Janice Rogers Brown shot down the argument, saying commercial speech only protects advertising.

“This is not advertising, this is the opposite of advertising,” Judge Randolph said. “So how can...

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