Press Releases
07/20/2020
Attorney General William Tong Pushes For Graphic Image Warning Labels on Cigarette Packaging
(Hartford, CT) – Attorney General William Tong today joined a coalition of 25 attorneys general, led by Illinois Attorney General Kwame Raoul and Idaho Attorney General Lawrence Wasden, in filing an amicus brief supporting federal regulations requiring “graphic image” warning labels, which consist of color images that depict the dangers of smoking, on cigarette packages.
The coalition filed the brief in R.J. Reynolds v. FDA, a case brought in the U.S. District Court for the Eastern District of Texas, to support the authority of the Food and Drug Administration (FDA) and the Department of Health and Human Services to issue regulations requiring graphic images to be included with text warnings on cigarette packages. The attorneys general argue that, contrary to the tobacco manufacturers’ claims, the regulations do not violate the First Amendment and that the government has a substantial interest in ensuring that consumers understand the dangers of smoking, especially in light of tobacco companies’ long history of deception.
“The graphic warning labels on cigarette packages serve an important purpose to inform consumers of the deadly health consequences and dangers of smoking,” said Attorney General Tong. “The tobacco industry’s deceptive marketing practices falsely minimized the harm of smoking for decades. These labels hold tobacco companies accountable for the real dangers of their products and empower consumers to make their own health decisions.”
In 2009, Congress passed legislation directing the FDA to issue regulations requiring that cigarette packages come with warnings and graphic images. The images would be combined with written warnings, such as, “WARNING: Smoking causes COPD, a lung disease that can be fatal,” and “WARNING: Tobacco smoke can harm your children.” The warnings and images would have to cover the top 50 percent of the front and back panels of all cigarette packages as well as the top 20 percent of all print cigarette advertisements.
In the amicus brief filed today, the coalition argues that these labels promote the “free flow of commercial information” consistent with the First Amendment. Additionally, the government has a significant interest in informing the public about the dangers of smoking, which is consistent with many laws enacted to provide consumers with accurate relevant product information. The coalition also argues the First Amendment does not prevent the government from requiring lethal and addictive products to carry truthful warning labels.
Joining Attorneys General Tong, Raoul and Wasden in filing the amicus brief are the attorneys general of Alaska, California, Colorado, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.
A copy of the brief can be found here.
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