U.S. District Judge J. Campbell Barker of Texas initially vacated the rule in December 2022. However, the Fifth Circuit reversed that decision, finding the warnings were factual and did not violate the First Amendment. The court emphasized that the graphic images served a public health purpose without being provocative.
FDA cigarettes warning rule : Divergent Circuit Opinions
The tobacco companies argued that the Fifth Circuit’s decision conflicted with rulings from the Ninth and Seventh circuits, which struck down similar but less intrusive warning requirements. They also pointed to an earlier D.C. Circuit decision invalidating a previous version of the FDA’s rule.
In response, the FDA defended the rule as a justified public health measure. It argued that the warnings conveyed factual information, much like the visuals found in medical textbooks, and did not violate free speech protections. The agency also contended that Supreme Court review was premature, noting the need for the district court to address unresolved claims under the Administrative Procedure Act.
Next Steps for Implementation
With the Supreme Court’s decision, the case will return to the U.S. District Court for the Eastern District of Texas to address administrative law claims. According to Dennis Henigan of the Campaign for Tobacco-Free Kids, the ruling clears the path for the FDA to enforce the new warning requirements, which are slated to take effect in December 2025.
