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The high court declined to hear the case in a brief written
order handed down Monday.
Tobacco company R.J. Reynolds appealed to the high court after
the 5th U.S. Circuit Court of Appeals found the warnings do not
violate the First Amendment.
They include pictures of smoke-damaged lungs, feet blackened by
diminished blood flow and a picture of a woman with a large
growth on her neck and the caption “WARNING: Smoking causes head
and neck cancer.”
The company argued the final image, for example, was misleading
because a patient would likely go to the doctor before a growth
reached that size.
The Food and Drug Administration countered that all the pictures
reflect undisputed risks of smoking.
Nearly 120 countries around the world have adopted larger,
graphic warning labels. Studies from those countries suggest the
image-based labels are more effective than text warnings at
publicizing smoking risks and encouraging smokers to quit. The
U.S. has not updated its labels since 1984.
It’s not clear when new labels might appear. Some legal claims
remain and the FDA has said it doesn’t plan to enforce any new
requirements until at least December 2025.
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