FILE - This image provided by the U.S. Food and Drug Administration, Thursday, Aug. 15, 2019, shows proposed cigarette warning labels. A federal rule requiring that cigarette packs and advertising include graphic images demonstrating the effects of smoking, including pictures of smoke-damaged lungs and feet blackened by diminished blood flow, does not violate the First Amendment, a federal appeals court ruled Thursday, March 21, 2024.
The 5th Circuit panel rejected industry arguments that the rule violates free speech rights or that it requires images and lettering that take up so much space that they overcome branding and messaging on packages and advertisements. While reversing the lower court’s First Amendment finding, the panel noted that the judge had not ruled on the APA-based challenge. It sent the case back to the district court to consider that issue.
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