Obama Administration Appeals Tobacco Label Ruling

Last week, a judge had found the graphic warnings unconstitutional.

March 07, 2012

WASHINGTON - The Obama administration has filed an appeal on the ruling that said it was unconstitutional to require tobacco firms to plaster cigarette packages with graphic health warnings, Reuters reports. U.S. District Judge Richard Leon€™s decision found that the U.S. Food and Drug Administration (FDA) regulation violated the free speech of tobacco companies.

"The government has failed to carry both its burden of demonstrating a compelling interest and its burden of demonstrating that the rule is narrowly tailored to achieve a constitutionally permissible form of compelled commercial speech," said Leon in his decision. One of the problems with the labels was their large size, and the judge also pointed out that the government has other smoking-deterrents in its arsenal, such as cigarette taxes.

After the FDA released the new graphic warning labels last June, R.J. Reynolds, Lorillard Inc., Liggett Group LLC, Commonwealth Brands Inc. and Santa Fe Natural Tobacco Co Inc. filed suit, saying the regulations would in effect make the companies become anti-smoking advocates while trying to sell their own legal products.

The U.S. Court of Appeals for the District of Columbia Circuit will hear the government€™s appeal, which was filed Monday. Judge Leon blocked the regulations from taking effect this September, which the Obama administration has also appealed.

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