Tobacco firms sue FDA over new graphic warnings
Wednesday, August 17, 2011
Posted by: Natalia Gromov
COLUMBIA, S.C. (AP) —
Four of the five largest U.S. tobacco companies sued the federal government
Tuesday over new graphic cigarette labels that include the sewn-up corpse of a
smoker and a picture of diseased lungs, saying the warnings violate their free
speech rights and will cost millions of dollars to
print.
The
companies, led by R.J. Reynolds Tobacco Co., Lorillard Tobacco Co., said the
warnings no longer simply convey facts to allow people to make a decision
whether to smoke. They instead force them to put government anti-smoking
advocacy more prominently on their packs than their own brands, the companies
say. They want a judge to stop the labels.
"Never before in the
United States have producers of a lawful product been required to use their own
packaging and advertising to convey an emotionally-charged government message
urging adult consumers to shun their products," the companies wrote in the
lawsuit filed in federal court in Washington,
D.C.
The
FDA refused to comment, saying the agency does not discuss pending litigation.
But when she announced the new labels in June, Health and Human Services
Secretary Kathleen Sebelius called them frank and honest warnings about the
dangers of smoking.
The
FDA approved nine new warnings to rotate on cigarette packs. They will be
printed on the entire top half, front and back, of the packaging. The new
warnings also must constitute 20 percent of any cigarette advertising. They also
all include a number for stop-smoking hotline
One
warning label is a picture of a corpse with its chest sewed up and the words:
"Smoking can kill you." Another label has a picture of a healthy pair of lungs
beside a yellow and black pair with a warning that smoking causes fatal lung
disease.
The
lawsuit said the images were manipulated to be especially emotional. The tobacco
companies said the corpse photo is actually an actor with a fake scar, while the
healthy lungs were sanitized to make the diseased organ look
worse.
The
companies also said the new labels will cost them millions of dollars for new
equipment so they can frequently change from warning to warning and designers to
make sure the labels meet federal requirements while maintaining some
distinction among brands.
Joining R.J. Reynolds
and Lorillard in the suit are Commonwealth Brands Inc., Liggett Group LLC and
Santa Fe Natural Tobacco Company Inc. Altria Group Inc., parent company of the
nation's largest cigarette maker, Philip Morris USA, is not a part of the
lawsuit.
The
free speech lawsuit is a different action than a suit by several of the same
companies over the Family Smoking Prevention and Tobacco Control Act. The law,
which took affect two years ago, cleared the way for the more graphic warning
labels, but also allowed the FDA to limit nicotine. The law also banned tobacco
companies from sponsoring athletic or social events and prevented them from
giving away free samples or branded
merchandise.
A
federal judge upheld many parts of the law, but the companies are
appealing.
Source: JEFFREY COLLINS - Associated
Press
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