October 2016

This week several public health and physician groups filed a suit in federal court to force the Food and Drug Administration to move forward with required graphic warning labels on cigarette packaging and advertising.

The law that gave the FDA authority to regulate all tobacco products specifically directed the FDA to require industry to include large graphic health warnings on cigarette products and advertising. While the FDA did issue graphic warning labels in June 2011, industry sued and the graphic warning labels required by FDA were struck down by the court. While the court rejected the specific warning labels issued by FDA, the ruling did not remove the FDA's obligation to create graphic warning labels that could meet court approval.

The FDA stated in March 2013 that it planned to issue a new rule requiring graphic warnings. The congressional mandate still applies, yet years later, the FDA has not issued a new set of graphic health warnings.

Research has shown that graphic warning labels are more effective than text warning alone.  Several countries are already implementing graphic warning label requirements on tobacco products.