The US Supreme Court has rejected a tobacco industry challenge to the FDA’s rule requiring graphic health warnings for cigarette packs and ads.

RT’s Three Key Takeaways: 

  1. Supreme Court Decision Supports Graphic Warnings: The US Supreme Court declined to hear a tobacco industry challenge to the FDA’s 2020 rule requiring graphic health warnings on cigarette packs and ads, leaving a key appellate court ruling intact.
  2. Warnings Aim to Increase Public Awareness: Mandated by Congress in 2009, the graphic warnings are supported by scientific evidence showing they are more effective than text-only warnings in educating the public about the health risks of smoking.
  3. Implementation Set for December 2025: Following years of delays due to legal challenges, the FDA plans to enforce the graphic warnings requirement by the end of 2025, positioning the US to align with global public health standards.

The US Supreme Court has rejected a tobacco industry challenge to the US Food and Drug Administration’s (FDA) 2020 rule requiring graphic health warnings on cigarette packs and ads, clearing a legal hurdle toward implementing the long-delayed public health measure.

The court’s decision to deny certiorari leaves in place a March ruling by the US Court of Appeals for the Fifth Circuit that upheld the FDA’s proposed warnings. The Fifth Circuit found that the warnings are “factual and uncontroversial” and do not violate the First Amendment.

These warnings were first required by Congress in 2009 and have been repeatedly delayed by tobacco industry legal challenges.

The case will now return to the US District Court for the Eastern District of Texas to resolve tobacco industry claims involving administrative law. The FDA has indicated that it will begin enforcing the graphic warnings requirement in December 2025.

Congress first mandated the graphic health warnings as part of the 2009 Family Smoking Prevention and Tobacco Control Act, which required graphic warnings covering the top half of the front and back of cigarette packs and 20% of cigarette advertisements. 

These graphic warnings are needed as the current text-only warnings have become stale and unnoticed since they were last updated in 1984, according to a joint statement of the American Academy of Pediatrics, American Cancer Society, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids and Truth Initiative. 

Graphic Warnings Backed by Evidence

The new warnings are supported by scientific evidence showing that graphic warnings are most effective at increasing public understanding of the dire health consequences of smoking. 

“Because of the tobacco industry’s repeated legal challenges, the US currently ranks last in the world in the size of its cigarette warnings and has fallen behind the 138 countries and territories that require graphic warnings. The Supreme Court’s decision clears the way for the US to catch up with the rest of the world in implementing this lifesaving policy,” reads the joint statement. 

“Our organizations filed an amicus brief in the Fifth Circuit, joined by other public health and medical organizations, supporting the FDA’s graphic cigarette warnings.”

Photo caption: Boxes of Edison cigarettes in Germany with graphic warnings of smoking dangers. 

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