WASHINGTON — The Supreme Court will not hear a challenge to a federal claim packs of cigarettes and advertising includes graphics demonstrating the effects of smoking.
The Supreme Court declined to hear the case in a brief written order issued Monday.
Tobacco company RJ Reynolds appealed to the Supreme Court after the 5th US Circuit Court of Appeals found the warnings do not violate the First Amendment.
They include photos of smoke-damaged lungs, feet blackened by reduced blood flow and a photo of a woman with a large growth on her neck and the caption “WARNING: Smoking causes head and neck cancer.”
For example, the company argued that the final image was misleading because a patient would likely go to the doctor before a tumor reached that size.
The Food and Drug Administration countered that all photos reflect undisputed risks of smoking.
Nearly 120 countries around the world have adopted larger, graphic warning labels. Studies from those countries suggest that image-based labels are more effective than text warnings at communicating the risks of smoking and encouraging smokers to quit. The US has not done that his labels have been updated since 1984.
It is not clear when new labels will appear. Some legal claims remain, and the FDA has said it does not plan to enforce new requirements until at least December 2025.