NEW ORLEANS (AP) — A federal requirement that cigarette packs and advertising include graphic images demonstrating the effects of smoking — including...
and advertising include graphic images demonstrating the effects of smoking — including pictures of smoke-damaged lungs and feet blackened by diminished blood flow — does not violate the First Amendment, an appeals court ruled Thursday.
The ruling overturns a lower court order from a federal district court in Texas, where a judge found the requirements violate the First Amendment.“We disagree,” Judge Jerry Smith wrote for the 5th Circuit panel. “The warnings are both factual and uncontroversial.” Nearly 120 countries around the world have adopted larger, graphic warning labels. Studies from those countries suggest the image-based labels are more effective than text warnings at publicizing smoking risks and encouraging smokers to quit.
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