WASHINGTON – The Supreme Court announced yesterday that it will not review a Sixth Circuit Court of Appeals decision upholding the FDA rule requiring graphic warning labels on cigarette packs and enhanced marketing restrictions for tobacco products, the Wall Street Journal reports.

In a separate case decided last year, the D.C. Circuit Court of Appeals struck down the graphic warning label requirements as a violation of tobacco companies’ First Amendment rights.  Many experts had anticipated the Supreme Court would take this case in order to rectify the “split” among federal courts.

In light of the current court split, FDA may issue a new rule graphic warning labels rule that complies with both court decisions.  The D.C. Circuit Opinion left the door open to a less drastic warning label requirement.  This process, however, would likely take years.

The rule in question mandates that tobacco manufacturers allocate half of the space on the front and back of cigarette packages for graphic health warnings while barring certain cigarette marketing opportunities, such as sponsorships of sporting events.