NC Cigarette Makers Sue FDA Over Proposed Ruling

Would graphic pictures right on cigarette packs of the damage smoking causes get people to lower their use of tobacco? That was the idea when Congress ordered the FDA to come up with a plan to do just that. And cigarette manufacturers probably think so too. Otherwise, why would they sue to block the proposed change?

There’s little doubt that smoking is linked to the power of advertising. Along with the mandatory printed warning, adding photos of stained teeth, damaged gums and cancer, would use the advertising method against those who use it so effectively. Ever since Joe Camel was dropped as a sneaky way to market to the young, the cigarette industry has been accused of manipulating behavior with ads.

Here in North Carolina, it’s a real issue though. We grow tobacco. In fact, three of the five companies in the lawsuit are headquartered here.

The court challenge revolves around a manufacturer’s right to label their product however they want. They claim the shouldn’t be forced to participate in what amounts to an anti-smoking campaign. While the current warnings are clear, we all know a picture is worth a thousand words – it’s just that those words aren’t really specified. Of course, that is the point. A disgusting image has an emotional power that a dry medical statement does not.

What’s worse, FDA rules also would have manufacturers restricted so that these images would be 20% of their advertising. This too is thought to infringe on their freedom to practice business.

On the other side of the issue are those who view smoking as a blight on US society and anything we can do to lessen the addiction should be done. In fact, many would ban cigarette sales altogether.

It looks as though US District Judge Richard Leon is leaning toward the manufacturers’ side of the issue. He’s already ruled that the pictures intended go beyond communicating the dangers of smoking and drift into propaganda. However, it will take a full ruling to decide if the pictures just need to be changed or if the idea has to be abandoned entirely.