The U.S. Justice Department has decided that it will not ask the Supreme Court to overturn a lower court ruling that the nine FDA-proposed labels violate the First Amendment via unconstitutional compelled speech.
There is still a chance for the ruling to be reversed, however, if the FDA issues new labels that are challenged again "at a later date."
Graphic images on cigarette packs were required by Congress as of 2009. Following the law, the FDA was sued by five of the largest cigarette companies in the U.S. They claimed the government-enforced health ads used "threats and fear" to influence consumers.
The FDA says "evidence from international experience" proves that photos work to dissuade people from buying tobacco products. In 2000, Canada became the first to put labeling laws in place; currently, 75 percent of every Canadian cigarette pack must display a warning.
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