A federal judge in Texas has temporarily blocked the Food and Drug Administration (FDA) from requiring cigarette packages to include graphic warnings about the effects of smoking.
On Monday, U.S. District Judge J. Campbell Barker in Tyler, Texas, a favorable judgment was given A study by RJ Reynolds Tobacco Company and others found that the FDA does not have the authority to require one of 11 warning labels to appear on cigarette packaging or advertising.
Barker wrote in his ruling that the law only requires cigarette packages and advertising to include one of nine warning labels, and the agency does not have the authority to add two more. Ta.
He also said the agency used only the exact wording required by law on two of the 11 warning labels.
FDA recommended new health warning In 2019, the government pledged to use color images on cigarette packaging and advertising to promote “deeper public understanding” of the negative health effects of smoking.
These warnings include graphic images placed next to the text, such as a foot with multiple toes amputated or a woman with a large protruding tumor on her neck.
A year later, the agency issued a final rule requiring new health warnings on cigarette packages and advertisements. However, the requirement has not yet been enforced as tobacco companies like RJ Reynolds filed legal challenges claiming the new warnings violate their free speech rights.
RJ Reynolds, along with Imperial Brands, sued the FDA in 2020 over new warnings. Mr. Barker ruled in favor of tobacco companies. in 2022. However, after the Fifth Circuit Court of Appeals ruled that the FDA's packaging and advertising requirements did not violate the First Amendment, RJ Reynolds filed suit with the Supreme Court.
The Supreme Court declined to hear the challenge and upheld the lower court's decision.
Barker's decision Monday temporarily blocks the FDA from enforcing the warning label mandate until a final judgment is reached in the lawsuit.
The FDA has not yet responded to a request for comment from The Hill.
