The U.S. Supreme Court declined to hear an appeal from tobacco companies challenging a federal rule that requires larger warnings on cigarette packages. This decision allows the U.S. Food and Drug Administration (FDA) rule, which includes graphic depictions of the negative health consequences of smoking, to take effect.
In 2019, the FDA proposed the rule, citing the government’s interest in promoting greater public understanding of the harmful effects of smoking. However, U.S. District Judge J. Campbell Barker initially ruled that the FDA’s requirements violated the First Amendment rights of tobacco companies. The decision was later overturned by the U.S. Court of Appeals for the Fifth Circuit, which deemed the warnings as purely factual and constitutional.
The tobacco companies, in their petition to the Supreme Court, argued that the warnings were ideological and aimed at tilting public debate in the government’s preferred direction. They contended that the Fifth Circuit’s ruling conflicted with the Supreme Court’s decision in Zauderer v. Office of Disciplinary Counsel, which allows governments to require certain information in advertisements.
Government lawyers defended the appeals court’s decision, stating that the warnings were factual and in line with legal precedent. The Supreme Court’s refusal to hear the appeal indicates that at least six justices did not support challenging the lower court’s ruling.
Overall, the Supreme Court’s decision paves the way for the implementation of the FDA rule requiring prominent warnings on cigarette packages, despite the objections raised by tobacco companies.
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