The Supreme Court will not hear a challenge to a federal requirement that cigarette packaging and advertising include graphic images demonstrating the effects of smoking.
The high court declined to hear the case in a brief written order issued Monday.
Tobacco company RJ Reynolds appealed to the high court after the Fifth Circuit Court of Appeals determined that the warnings do not violate the First Amendment.
They include images of lungs damaged by smoke, feet blackened by decreased blood flow and an image of a woman with a large tumor in her neck and the title “WARNING: Smoking causes head and neck cancer.”
The company argued that the final image, for example, was misleading because a patient would likely go to the doctor before a tumor reached that size.
The Food and Drug Administration (FDA) responded that all images reflect undisputed risks of smoking.
Nearly 120 countries around the world have adopted larger graphic warning labels. Studies in these countries suggest that picture labels are more effective than text warnings in raising awareness of the risks of smoking and encouraging smokers to quit. The United States has not updated its labels since 1984.
It’s unclear when new labels might appear. Some legal claims remain pending and the FDA has said it does not plan to enforce any new requirements until at least December 2025.
