Judge blocks graphic images on cigarette packages

WASHINGTON — A judge on Monday blocked a federal requirement that would have begun forcing tobacco companies next year to put graphic images including dead and diseased smokers on their cigarette packages.

U.S. District Judge Richard Leon ruled that it’s likely the cigarette makers will succeed in a lawsuit to block the requirement. He stopped the requirement until the lawsuit is resolved, which could take years.

Leon found the nine graphic images approved by the Food and Drug Administration in June go beyond conveying the facts about the health risks of smoking or go beyond that into advocacy — a critical distinction in a case over free speech.

The packaging would have included color images of a man exhaling cigarette smoke through a tracheotomy hole in his throat; a plume of cigarette smoke enveloping an infant receiving a mother’s kiss; a pair of diseased lungs next to a pair of healthy lungs; a diseased mouth afflicted with what appears to be cancerous lesions; a man breathing into an oxygen mask; a cadaver on a table with post-autopsy chest staples; a woman weeping; a premature baby in an incubator; and a man wearing a T-shirt that features a “No Smoking” symbol and the words “I Quit”

“It is abundantly clear from viewing these images that the emotional response they were crafted to induce is calculated to provoke the viewer to quit, or never to start smoking — an objective wholly apart from disseminating purely factual and uncontroversial information,” Leon wrote in his 29-page opinion. He pointed out that at least some were altered photographs to evoke emotion.

The judge also pointed out the size of the labels suggests they are unconstitutional — the FDA requirement said the labels were to cover the entire top half of cigarette packs, front and back and include a number for a stop-smoking hotline. The labels were to constitute 20 percent of cigarette advertising, and marketers were to rotate use of the images. Leon said the labels would amount to a “mini-billboard” for the agency’s “obvious anti-smoking agenda.”

The Justice Department argued that the images, coupled with written warnings, were designed to communicate the dangers to youngsters and adults. The FDA declined to comment on the judge’s ruling.

News

A ‘last day’ arrives for Minnesota lawmakers that will be anything but a conclusion

Mower County

Paul Sween named grand marshal for 2025 Independence Day Parade

Education

Pancakes with Pals held in Grand Meadow gymnasium Friday

Mower County

PHOTOS: Taste of Nations celebrates diversity despite chilly temperatures

Education

‘We fought for it:’ RCC holds 84th Commencement

Mower County

50 years of serving seniors: Mower County Seniors celebrates major milestone, looks to the future

Crime, Courts & Emergencies

Convictions: May 5-12

Mower County

Ikes to hold benefit meal

Mower County

In Your Community: Unity Chapter, O.E.S. Supports Community Projects

Mower County

In Your Community: Duplicate Bridge

Mower County

Mixed cellular signals? Cellular antennae could be cancer treatment fix

Mower County

State parks, recreation areas and trails offer abundance of recreation opportunities Memorial Day weekend

News

Falcon Heights to charge $25 for State Fair parking

News

U of M shuts down research center plagued by plagiarism allegations

Mower County

United Way of Mower County announces annual fundraising results

Mower County

PHOTOS: Pavers being placed at Veterans Memorial renovation project

News

Budget pact will be put to test as Minnesota lawmakers fill in details, bring plan up for votes

Crime, Courts & Emergencies

Man accused of stealing from bank ATM in LeRoy avoids prison time, gets probation

Crime, Courts & Emergencies

Austin man charged in 2024 arson incident gets 5 years probation

Mower County

Taste of Nations Cultural Heritage Festival returns to Austin on Saturday

News

Minnesota lawmakers push for social media warning labels to protect kids’ mental health

Mower County

National Skilled Nurses Week: Dedicated to family, nurses serve their residents

Education

PHOTOS: Canoemobile returns to take students out on the water

Business

Fast forward to the future: With expansion, Sacred Heart Care Center commits to its future