Gothamist

A non-profit newsroom, powered by WNYC.

Gothamist

WNYC Listen Live

Donate

 

 

News

Big Tobacco Sues FDA To Block Graphic Pictures, Coolness On Packaging


By

Christopher Robbins

Published Aug 17, 2011

Modified Aug 17, 2011


Share

FacebookTwitterRedditEmail


Never miss a story

 Email address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .


By

Christopher Robbins

Published Aug 17, 2011

Modified Aug 17, 2011


Share

FacebookTwitterRedditEmail


We rely on your support to make local news available to all

Make your contribution now and help Gothamist thrive in 2026. Donate today

Gothamist is funded by sponsors and member donations

We knew those delightfully litigious purveyors of smooth, bold flavors wouldn't let us down. Five major tobacco companies have filed a lawsuit against the FDA claiming that the historic 2009 legislation that allows the agency to regulate tobacco violates the First Amendment by requiring those cheesy, not-so-graphic warning labels on cigarette packs. Attorney for the plaintiffs, the esteemed Floyd Abrams, tells CNN, "We think it violates the First Amendment for the government to require people who purchase a lawful product to essentially urge prospective purchases not to buy it."

R.J. "Joe Camel" Reyonlds, Lorillard "Alive With Pleasure" Tobacco, Ligget "Really Cheap Smokes" Tobacco, Commonwealth "Even Cheaper Smokes" Tobacco, and Santa Fe "Hipsters Spend $17/pack On Us Cause We're 'Natural'" International are all part of the suit. "The government has a lot of power to require warnings," Abrams says, but "putting photographs of diseased people on every cigarette pack…it's the direct advocacy to not buy a product." But Floyd, those people in the pictures are also REALLY COOL, remember?

Conspicuously absent on the list of plaintiffs is Philip Morris AKA Altria AKA the company that sells cigarettes but now sounds like a brand of air-freshener. They agreed early on to comply with the legislation because federal regulation of tobacco essentially esconces them as masters of the market: Philip Morris brands account for 50% of the cigarettes sold in the US, and it stands to stay that way.

The FDA does not comment on "pending or ongoing litigation," but the tobacco companies are seeking an injunction before the case even goes to trial so they won't have to waste money producing the packages with the warnings.

Tagged

cigarettes

fda

first amendment

floyd abrams

looking cool

smoking

smooth bold flavor


Christopher Robbins

Twitter

Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.

Read more

Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


MORE news

Forest Hills Stadium can keep its concerts under deal with neighbors

Neighbors had complained of traffic and loud concerts for years.

By

Ryan Kost

Published Oct 22, 2026 at 2:49 p.m. ET


NYC Council to grill Mamdani officials on collapsed Hunts Point Produce Market deal

Council Speaker Julie Menin called the $650 million plan "mission critical."

By

Elizabeth Kim

News

NYC Council to grill Mamdani officials on collapsed Hunts Point Produce Market deal

Council Speaker Julie Menin called the $650 million plan "mission critical."

By

Elizabeth Kim


NYPD arrests 17-year-old in fatal Midtown subway platform shooting

By

Charles Lane

Ex-Adams aide accused of pocketing kickbacks from community program funds

By

Samantha Max

MTA to begin 6-year project to upgrade signal tech on A and C lines in Brooklyn and Queens

By

Ramsey Khalifeh


Never miss a story

Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.

Sign upEmail address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .