Today's US Supreme Court Decision

Today, the U.S. Supreme Court has announced its decision to not hear the tobacco industry’s appeal of a March 2012 ruling by the U.S. Court of Appeals for the Sixth Circuit (which upheld the 2009 law granting FDA authority to regulate tobacco). This decision allows the FDA to move forward with developing new graphic cigarette warnings that comply with both the 2009 law and recent court rulings.

The Sixth Circuit ruling also upheld other key provisions of the 2009 law that:

• Prohibit tobacco companies from making health claims about tobacco products without FDA review;
• Ban several forms of tobacco marketing that appeal to children, including brand name sponsorships, tobacco-branded merchandise such as caps and t-shirts, and free samples of tobacco products; and
• Prohibit tobacco companies from making statements implying that a tobacco product is safer because it is regulated by the FDA.

The Sixth Circuit ruling recognized that Congress acted appropriately, based on the science and in accordance with First Amendment principles when it granted the FDA authority over tobacco products. NAQC encourages the FDA to move forward with regulations (including new warning labels) that will reduce the death and disease caused by tobacco use.