N Engl J Med. 2012 Nov 14. [Epub ahead of print]
Repackaging Cigarettes - Will the Courts Thwart the FDA?
Source
From the Center for the History and Ethics of Public Health, Department of Sociomedical Sciences, Mailman School of Public Health, Columbia University, New York (R.B., D.M.-T.); and the Department of Health Policy and Management, Georgetown University Law Center, Washington, DC (L.G.).
Abstract
On August 12, 2012, the High Court of Australia upheld the constitutionality of tobacco laws requiring cigarette packages to be plain, with no colorful designs or brand logos, but dominated bygraphic images depicting the health consequences of smoking - including mouth ulcers, lung tumors, and gangrenous limbs (see first image). On August 24, in R.J. Reynolds v. U.S. Food and Drug Administration (FDA), the U.S. Circuit Court of Appeals for the District of Columbia deemed unconstitutional FDA regulations requiring similar graphic warnings, finding that the mandated packaging violates cigarette companies' right to free speech by compelling them to express antitobacco messages . . .
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