United States: Health warnings on cigarette packets postponed again

A federal court in Texas, USA, has once again postponed the implementation date of health warnings on cigarette packages until 2022, following a lawsuit filed by the tobacco industry.

In March 2020, the US Food and Drug Administration (FDA) finalized the regulations[1] relating to Mandatory warnings for cigarette packets and advertising The text provides for the introduction of 11 new health warnings, illustrating the dangerous effects of tobacco. Some of them describe serious, largely unknown health risks. They were to be affixed to packages starting June 16, 2021.

A provision very quickly contested by the tobacco industry

This regulation was immediately challenged in court by several tobacco companies. On April 3, RJ Reynolds Tobacco Co., Santa Fe Natural Tobacco Co., ITG Brands, Liggett Group, and five tobacco retailers filed a lawsuit in Texas federal court against the FDA.[2]Tobacco companies are seeking to overturn the health warning regulations. They argue that the warnings force tobacco companies to become "mouthpieces for the government's anti-smoking advocacy" and that this violates the First Amendment, which includes freedom of speech. In a May 8 order, the judge postponed the effective date from June 18, 2021, to October 16, 2021.

May 6, 2020[3]Philip Morris USA had filed a similar lawsuit in the District of Columbia District Court. The tobacco company also argued that the warnings were misleading because they misrepresented the relative risks of health consequences associated with smoking.

December 2, 2020[4]-[5], the Texas court in its judgment again postpones the effective date by an additional 90 days, i.e. to January 14, 2022, considering that the FDA regulations needed to be clarified.[6].

The proven effectiveness of health warnings

The FDA's regulations, however, present a solid statement of reasons with a comprehensive argument for the effectiveness of graphic warnings, established on scientific grounds. The appeals filed by tobacco manufacturers highlight the threat posed by these graphic health warnings, which contribute to significantly decommoditizing products.

While most smokers are generally aware that tobacco use is harmful, they underestimate the severity and magnitude of the health risks. Given the scope and frequency of exposure to messages, many studies[7]-[8] demonstrate that health warnings on tobacco products are particularly suitable for informing smokers and non-smokers about the risks associated with tobacco consumption. Finally, the warnings contribute to reducing disparities in health knowledge by providing low-income smokers with regular access to health information.[9].

Keywords: United States, health warnings, tobacco industry, justice

©Generation Without Tobacco

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[1] Cigarette Labeling and Health Warning Requirements, US Food and Drug Administration, July 10, 2020, accessed December 4, 2020 [2] FDA Wants to Delay Graphic Warnings, Tobacco Reporter, May 7, 2020, accessed December 4, 2020 [3] Tobacco Companies' Lawsuits to Block New Cigarette Warnings Continue their Long History of Denying the Truth to the Public, Campaign for Tobacco-Free Kids, May 6, 2020, accessed December 4, 2020 [4] US Graphic Warnings New Reported Again, Tobacco Reporter, December 3, 2020, accessed December 4, 2020 [5] Philip Morris Challenges Health Warnings, Tobacco Reporter, May 8, 2020, accessed December 4, 2020 [6] Big Tobacco Wins 2nd Delay Of Graphic New Warning Labels, Law360, December 2, 2020, accessed December 4, 2020 [7] Fong, Geoffrey T et al. “The impact of pictures on the effectiveness of tobacco warnings.” Bulletin of the World Health Organization flight. 87.8 (2009): 640-3. doi:10.2471/blt.09.069575 [8] Hammond D, Fong GT, Borland R, McNeill A, Cummings KM, Hastings G. Effectiveness of cigarette warning labels in informing smokers about the risks of smoking: findings from the International Tobacco Control (ITC) Four Country Survey. Tob Control. 2006;15(Suppl III):iii19–25. doi: 10.1136/tc.2005.012294 [9] Hammond, D, et al., “Text and graphic warnings on cigarette packages: Findings from the international tobacco control four country study,” American Journal of Preventive Medicine 32(3):202-9, 2007. National Committee Against Smoking |