A federal requirement 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, an appeals court ruled Thursday. The ruling from a three-judge panel of the 5th U.S. Circuit Court of Appeals was a partial victory for federal regulators seeking to toughen warning labels.
The ruling overturns a lower court order from a federal district court in Texas, where a judge found the requirements violate the First Amendment. 'We disagree,' Judge Jerry Smith wrote for the 5th Circuit panel. 'The warnings are both factual and uncontroversial.' 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.
The images in question include a picture of a woman with a large growth on her neck and the caption 'WARNING: Smoking causes head and neck cancer.' Another shows a man's chest with a long scar from surgery and a different warning: 'Smoking can cause heart disease and strokes by clogging arteries.' Nearly 120 countries around the world have adopted larger, graphic warning labels.
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