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 Judge Blocks Graphic Images on Cigarette Packages

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Brewdude

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Age : 65
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PostSubject: Judge Blocks Graphic Images on Cigarette Packages   Mon Nov 07, 2011 9:06 pm

Judge Blocks Graphic Images on Cigarette Packages


PHOTO: A proposed graphic health warning for cigarette packages and advertisements suggests the increased risk of health problems among smokers by depicting a man who's teeth has decayed.
A proposed graphic health warning for cigarette packages. (Courtesy of U.S. Department of Health and Human Services)


By NEDRA PICKLER Associated Press
WASHINGTON November 7, 2011 (AP)

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.
PHOTO: A proposed graphic health warning for cigarette packages and advertisements suggests the increased risk of health problems among smokers by depicting a man who's teeth has decayed.
Courtesy of U.S. Department of Health and Human Services
A proposed graphic health warning for... View Full Size
PHOTO: A proposed graphic health warning for cigarette packages and advertisements suggests the increased risk of health problems among smokers by depicting a man who's teeth has decayed.
Courtesy of U.S. Department of Health and Human Services
A proposed graphic health warning for cigarette packages.

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.

Matthew Myers, president of the Campaign for Tobacco-Free Kids, urged the Obama administration to appeal the ruling that he said "is wrong on the science and wrong on the law." He said a delay would only serve the financial interests of tobacco companies that spend billions to downplay the health risks of smoking and glamorize tobacco use.

"Studies around the world and evidence presented to the FDA have repeatedly shown that large, graphic warnings, like those adopted by the FDA, are most effective at informing consumers about the health risks of smoking, discouraging children and other nonsmokers from starting to smoke, and motivating smokers to quit," Myers said in a statement. "Because of that evidence, at least 43 other countries now require large, graphic cigarette warnings."

Congress instructed the FDA to require the labels, following the lead of the Canadian regulations that require similarly graphic images on cigarette packs. The cigarette makers say their products have had Surgeon General warnings for more than 45 years, but that they never filed a legal challenge against them until these images were approved.

Tobacco companies are increasingly relying on their packaging to build brand loyalty and grab consumers. It's one of few advertising levers left to them after the government curbed their presence in magazines, billboards and TV, and the graphic labels could cost them millions in lost sales and increased packaging costs.

The cigarette makers that sued the FDA are R.J. Reynolds Tobacco Co. of Winston-Salem, N.C., Lorillard Tobacco Co. of Greensboro, N.C., Commonwealth Brands Inc. of Bowling Green, Ky., Liggett Group of Mebane, N.C., and Santa Fe Natural Tobacco Co. of Santa Fe, N.M.
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dshpipes

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PostSubject: Re: Judge Blocks Graphic Images on Cigarette Packages   Mon Nov 07, 2011 9:46 pm

Hip Hip Hooray! cheers

Glad to hear that this was blocked. While I'm not exactly an advocate for cigarette smoking, as Greg Pease says in the Briar and Leaf Chronicles:

"...as much as many of us dont care for cigarettes, they are really essential to our hobby, and its a damned
good thing that Big Tobacco hasnt been shuttered by the relentless pressures from the antis, or wed either be
smoking pencil shavings and flavoured lawn clippings, or paying a inordinately high price for our pipeweed of choice."

Check out the full post. It's persuasive: http://glpease.com/BriarAndLeaf/?p=50


Thanks for the news flash!
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Toe Cutter

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PostSubject: Re: Judge Blocks Graphic Images on Cigarette Packages   Mon Nov 07, 2011 9:53 pm

That's a good thing, but as a side note what would pictures do to stop smoking? Maybe a few would be effected/offended but except maybe the underage, most people that smoke cigarettes know what the possible ramifications would be and choose to continue smoking anyways. I hope no one takes this the wrong way.
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Stackle2

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PostSubject: Re: Judge Blocks Graphic Images on Cigarette Packages   Mon Nov 07, 2011 11:08 pm

I travel for work a lot, so I've seen some of the other countries anti-smoking propaganda when I've picked up a pack on the road. The picture of a dead guy on the side of a pack isn't going to dissuade me from purchasing that pack. If the picture were something hideous, I might opt for a less graphic pack over the obscene one.

Maybe it would be more effective to discourage children if we put pictures of dictionaries or brusslesprouts on marlboros....
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Toe Cutter

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PostSubject: Re: Judge Blocks Graphic Images on Cigarette Packages   Mon Nov 07, 2011 11:20 pm

Stackle2 wrote:
I travel for work a lot, so I've seen some of the other countries anti-smoking propaganda when I've picked up a pack on the road. The picture of a dead guy on the side of a pack isn't going to dissuade me from purchasing that pack. If the picture were something hideous, I might opt for a less graphic pack over the obscene one.

Maybe it would be more effective to discourage children if we put pictures of dictionaries or brusslesprouts on marlboros....

Exactly my point, well worded
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Brewdude

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PostSubject: Re: Judge Blocks Graphic Images on Cigarette Packages   Wed Nov 09, 2011 9:09 pm

Where does governtment intrusion into our lives end? And when did Big Brother also become our nanny?

While the gross pics are intended to accompany packages of cigs, this has consequences for those of us who also smoke cigars and a pipe. It's the camel nose in the tent syndrome, if you see what I mean.

If this is allowed, then why not graphic pics on candy bars that show bigass syringes and insulin? And pics on fast food containers that depict morbidly obese people with multiple folds of fat and a hotline for some goobermint agency that purports to have the answers to weight loss and responsible healthy eating?

No I don't smoke cigs. And while some of us here do, I still have to vehemently object to yet more nanny-state mind control and intervention into what is still a personal and legal choice!

And beyond all that, any elected official who thinks a stupid pic is going to deter anyone from indulging in what they fancy really needs their head examined. It's a feel good law, and has no impact beyond getting them re-elected from their mouth breathing constituents!

Shocked


Cheers,

RR



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IronKnight

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PostSubject: Re: Judge Blocks Graphic Images on Cigarette Packages   Wed Nov 09, 2011 9:47 pm

Well said, sir.
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Doc Manhattan

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PostSubject: Re: Judge Blocks Graphic Images on Cigarette Packages   Wed Nov 09, 2011 10:15 pm

It may be a "feel-good" law, but don't think for a second that the government would attempt to pass it without its silent partner: Philip Morris-Altria, America's biggest tobacco company, and the only one missing from the lawsuit named in the article. Once again, they're buddying up to tobacco regulators in exchange for being first to the market when the FDA grudgingly approves a reduced-harm tobacco product (and reaping some shiny "responsible company" publicity in the meantime.) I mention this every time we see troubling anti legislation, but only because Philip Morris has backed or refused to fight them all. Rolling Eyes

For me, sadly, that means no more buying (PM-A) Middleton tobaccos like Prince Albert, and telling friends who smoke Marlboros the deal. If I'm going to show solidarity with cigarette smokers, I'd rather they not give their hard-earned dollars to a company that's shown such bad faith to its brand-loyal customers.


Last edited by Doc Manhattan on Wed Nov 09, 2011 10:16 pm; edited 1 time in total (Reason for editing : Typo!)
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Gumball

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PostSubject: Re: Judge Blocks Graphic Images on Cigarette Packages   Thu Nov 10, 2011 3:29 am

I have these pictures stuck on the back of my baccy tins here in England, and the 'Smoking Kills' on the tin lid. It rather detracts from the nice design of a bi-plane on the label of my Squadron Leader Sad

And yesterday the 'health at work group' left a leaflet on all our desks with a picture of a diseased liver and advice on how much we should (and should not) be drinking.

I fully expect lunchbox checks next to ensure we are all eating our 5-a-day Shocked

The Nanny State is alive an well here in England.
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SteveHorsfall

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PostSubject: Re: Judge Blocks Graphic Images on Cigarette Packages   Tue Nov 22, 2011 6:38 pm

An outbreak of sanity in tobacco legislation? Surely not!
The health warnings on this side of the pond are way over the top, especially for cigars and pipe-tobacco, since they are not particularly dangerous, provided you don't inhale. Even for cigs, It should be confined to providing the information to allow adults to make an informed decision, and no more. 'Smoking kills', the usual wording nowadays, is not only alarmist, it's not providing meaningful information. The disgusting photos are way over the top.
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SmokeyTweed

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PostSubject: Re: Judge Blocks Graphic Images on Cigarette Packages   Thu Nov 24, 2011 10:48 am

We've had pictures for years up here and to tell you the truth kids collect them like baseball cards sometimes. IT almost dares a kid to do it because everyone thinks they shouldn't hence the high smoking rate of teenage girls in Canada.
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