The US Supreme Court declined on Monday to decide whether federally mandated warnings on cigarette packs that graphically illustrate the health risks of smoking violate the free speech rights of tobacco companies opposed to the labels.
The justices turned away an appeal by RJ Reynolds and other tobacco companies of a lower court’s ruling that found that a set of health warnings required by the US Food and Drug Administration did not violate the rights of the companies under the US Constitution’s First Amendment.
The action by the justices means the lower court’s ruling stands.
The rule was adopted by the agency in 2020 during Donald Trump’s first presidential administration.
The FDA required that warnings about the risks of smoking occupy the top 50% of cigarette packs and top 20% of advertisements. The regulation is technically in effect, but the FDA has generally withheld enforcing it amid legal challenges.
The set of 11 warnings includes depictions of feet with amputated toes, a baby whose fetal growth had been stunted, and a woman with a large protrusion in her neck caused by cancer, along with written descriptions of various health risks.
RJ Reynolds, which is part of British American Tobacco, ITG Brands, which is part of Imperial Brands, Liggett, which is part of Vector Group, and other tobacco companies sued in 2020 to challenge the warning labels.
