Link is to the Opinion of the Court in R.J. Reynolds Tobacco Co. et al. Plaintiffs, v. , U.S. Food & Drug Administration et al., Defendants. This case was tried in the United States District Court for the Eastern District of Texas by United States District Judge J. Campbell Barker, sitting at Tyler, Texas.
This is a final decision, coming on motions for summary judgement. The District Court denied the government’s motion for summary judgement and granted R.J. Reynolds Tobacco Co.'s motion.
A new FDA rule that would have taken effect in 2023 would have required both cigarette packaging and cigarette advertising to contain graphic warnings, which would have been required to cover 50% of packaging and 20% of advertisements. There would have been 12 graphic warnings which would have been required to randomly rotate on advertising.
R.J. Reynold prevailed on its First Amendment claim. Under existing precedent, if the government compels commercial speech, that compelled speech must be “accurate”, “purely factual” and “uncontroversial.” Some of the labels are worded in such a way as to be misleading as to smoking’s common effects and the graphics in some are misleading. Because these labels do not adhere to precedent, the court ruled that the government may not compel their use.
Therefore, the court vacated the FDA rule and granted declaratory judgment in R.J. Reynold’s favor.
The FDA will have to go back to the drawing board and come up with graphic labels that can withstand judicial scrutiny. The current proposed labels clearly do not.
There was a time early on where smoking was being pushed as being healthy and that lie cost tobacco companies severely. Today things are quite different and if all that’s been done by tobacco companies declaring the hazard smoking is to your health hasn’t sunk in with anyone, the problem is a mental incapability of the recipient. I conclude they simply want to blame others for their own blatant stupidity in their decision making that’s cost them dearly.
I’ve got a rare autoimmune disorder that comes from a combination of the overreaction of the immune system and environmental factors. In my case, my pulmonologist has traced it to growing up in a house full of smokers.
I’ve never touched tobacco in my life, but being subjected to it in my childhood years with asthma is causing problems all these years later. Last time I was tested, my lung function was at 76%.
At least I didn’t contract lung cancer like my dad did. He died at about the age I am now after 9 long painful months.
What did they say about explaining the ugly truth about abortion? Or having a woman have an ultrasound to see and hear her baby before they watch what exactly happens to the baby during an abortion.
Oh those car rides! They were the worst. Two smokers in a closed car, not to mention the cheap perfume my mother wore. For years, I thought I suffered from carsickness. But it still happens, I still see people smoking with children in the car.
I went on a gambling ship a year and a half ago. The smell of tobacco hits you the minute you board. And as soon as the ship hits the 12 mile limit, you get reminded of what everyday life used to be like in the United States.
I and a couple of other guys in our group who don’t gamble spent most of the trip on the outside deck, except for the meal. Unfortunately, one of those things I could not gracefully bow out of going on.
The ships I’ve been on don’t allow it. Smoking is now in our rearview mirror with most now looking out of the non-smokers’ windshield. Just like how much it bothered you, that you went outside…that’s how I’d react too and that IMO is now the majority of the check writers on board.
Both my parents have smoked pretty heavy since their teens and my dad still smokes today. Both are on their way to 83 (about 5 years past US expectancy). Not saying that they are in great health but nonetheless have lived longer than most people. I guess it impacts everyone differently?
My father and mother both smoked but my mother quit when she was about 40 and my father continued until he was around 63…when his 3 year old granddaughter began crying, telling him he was killing himself. He lived to be 87 and my mother, who is now 90…can still kick my butt.
My mom smoked until 78-79, and was a HEAVY smoker starting from her late teens. My dad started around the same age but didn’t smoke as heavily, although never quit. Up until the past year or two he’s still been pretty active.
My parents never smoked and neither did anybody on my dad’s side of the family. Damn near everybody on my mom’s side of the family smoked and I can still remember their brands. Most smoked Winstons, my grandma smoked Pall Malls.
Not one of my relatives by blood died of a smoking related disease and all lived well into their 80s at least and two reached 100.
A couple of relatives by marriage who smoked died of cancer/emphysema.
Genetics clearly plays a role in a person’s susceptibility to smoking related disease.
