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Big Tobacco Sues FDA To Block Graphic Pictures, Coolness On Packaging
By
Christopher Robbins
Published Aug 17, 2011
Modified Aug 17, 2011
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By
Christopher Robbins
Published Aug 17, 2011
Modified Aug 17, 2011
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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
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.
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