The U.S. Supreme Court announced Monday that it would not hear a challenge to a U.S. Food and Drug Administration rule requiring graphic warnings on cigarette packaging, leaving intact a Fifth Circuit ruling that upheld the regulation. The decision represents a major victory for the FDA in its efforts to mandate stronger public health warnings about the risks of smoking.
The petition was filed by R.J. Reynolds Tobacco Co., ITG Brands LLC, Liggett Group LLC, and other tobacco retailers in August, arguing that the FDA’s 2020 rule infringed on their First Amendment rights. The justices, as is customary, did not explain their reasoning for denying the petition for certiorari.
FDA Warnings and the Legal Challenge
The contested rule, issued in March 2020, requires cigarette packaging to feature graphic images highlighting lesser-known health risks of smoking, such as diabetes, alongside text warnings. These warnings must cover 50% of the packaging and 20% of the space on cigarette advertisements. The tobacco companies challenged the rule, alleging it compelled speech and was overly burdensome.
