Ruling on Cigarette Pack Warnings Stirs Free Speech Debate

**Prince** · 11-08-2011, 10:52 AM

Ruling on Cigarette Pack Warnings Stirs Free Speech Debate
By Eamon Murphy Posted 11:45AM 11/08/11 Health Care

A court ruling Monday stubbed out an FDA attempt to plaster extremely graphic warning labels on cigarette packs. The decision has anti-tobacco groups fuming and has reignited a debate over which right trumps which: The right of the government to warn Americans about the health risks of smoking, or the First Amendment rights of tobacco companies.

One thing both sides agree on -- the labels feature horrific images, including depictions of a man smoking through a tracheotomy hole, a pair of putrefied lungs and even a corpse on an autopsy table. The accompanying texts are stark and unequivocal, such as, "WARNING: Smoking can kill you."

The Food and Drug Administration, which had mandated the labels and was on the losing side of Monday's ruling, says that the disgusting images would reduce the number of smokers by 213,000 by 2013 and save between $221 million to $630 million in health care costs over the next 20 years.

The labels, set to hit cigarettes next year, would have been part of the first update of tobacco warnings in 25 years

U.S. District Judge Richard J. Leon opined that the images are too far removed from the objective of simply providing consumers with "factual and uncontroversial information." The judge issued an injunction against the FDA that prohibits the labels from being imposed until the lawsuit is resolved, which could take years. Some expect the Supreme Court will ultimately rule on the issue.

"The government's actual purpose is not to inform, but rather to advocate a change in consumer behavior," the judge wrote in this ruling. Compelling the tobacco companies to place advocacy on their marketing space violates their First Amendment rights, he decided.

Matthew L. Myers, president of the Campaign for Tobacco-Free Kids, disagreed. "The judge mischaracterized the goal, purpose and effect of the warnings," which he said the FDA adopted because it determined "that they were the most effective warnings at communicating the health effects of smoking," he told DailyFinance.

Fifty years of experience with text-only warnings has shown that they are often ignored, said Myers, who has been involved in creating anti-tobacco legislation. "The FDA concluded that for a warning to be effective, it has to be seen, noticed, provoke the reader to think about the issue, and effectively communicate level of risk. The FDA's conclusion about these warnings is based upon the best science -- the science of communication."

This shouldn't come as a surprise, Myers said, noting that tobacco companies use images when they advertise.

According to Myers, it is well-established in First Amendment law that government has the right to require warning labels on dangerous products. "If government has the right to require warnings labels," Myers reasons, "it has the right to require effective warning labels." He said the government will appeal, and that he hopes it does so quickly.

**Prince** · 11-08-2011, 10:53 AM

Since the majority of Americans do NOT smoke anymore why are cigarettes still legal?

**troubador** · 11-08-2011, 11:04 AM

Originally Posted by Prince

Since the majority of Americans do NOT smoke anymore why are cigarettes still legal?

Because America was founded on the principle of liberty.

**vancouver** · 11-08-2011, 11:15 AM

Originally Posted by Prince

Since the majority of Americans do NOT smoke anymore why are cigarettes still legal?

The same reason steroids are illegal, Politics.

No product should be illegal so long as it does not indirectly harm another person. Laws against public smoking are justified, but laws against tobacco consumption are unjustified.

Governments should not waste their time and the peoples money on prohibition and spend more time on protecting rights. cigarettes already carry a surgeon gerneral's waring. If someone is stupid enough to chain smoke cigarettes, too bad.

Same with steroids, soft drugs, hard drugs, etc.

No one is preventing me from buying lysol and drinking it, however there is a lable that states I should not drink it.

**Big Pimpin** · 11-08-2011, 11:22 AM

An overwhelming majority of men don't fuck other men in the ass, yet consenting sodomy among adult males is legal.

**hypno** · 11-08-2011, 01:41 PM

Originally Posted by vancouver

The same reason steroids are illegal, Politics.

.....

Exactly! The big tobacco co's pay a lot of $ to political campaigns. Steroid labs....not so much. Therefor one is legal even though it is nothing more than poison and one is illegal even though it only helps people live better if used correctly.

**DOMS** · 11-08-2011, 02:06 PM

I propose the following message be place on cigarette packs:

Just FYI, you're sucking on a something that's burning. You're a moron. Go catch a train from the front.

**Big Pimpin** · 11-08-2011, 02:15 PM

Not that I condone killing yourself with cigarettes, but I have 2-80yo grandparents that chain smoke almost 2 packs a day each and somehow are still alive and cancer free.

**DOMS** · 11-08-2011, 02:32 PM

Originally Posted by Big Pimpin

Not that I condone killing yourself with cigarettes, but I have 2-80yo grandparents that chain smoke almost 2 packs a day each and somehow are still alive and cancer free.

I've had two family members die of smoking-related cancer, and a thirst suffer a tumor and a paralyzing stroke.

**Thee_One** · 11-08-2011, 02:42 PM

Originally Posted by DOMS

I've had two family members die of smoking-related cancer, and a thirst suffer a tumor and a paralyzing stroke.

Had 2 deaths in mine from emphysema.
Mother has beginning stages of it.
Grandmother has advanced stages (relies on oxygen tank when she gets tired).

I have tried cigarettes in highschool for fun. But that's it.
Never actually wanted to start.

My question is, why are corporations being considered People now?

**Prince** · 11-08-2011, 02:42 PM

Originally Posted by troubador

Because America was founded on the principle of liberty.

that's a joke right?

**Dark Geared God** · 11-08-2011, 03:14 PM

Originally Posted by Big Pimpin

An overwhelming majority of men don't fuck other men in the ass, yet consenting sodomy among adult males is legal.

**Big Pimpin** · 11-08-2011, 03:31 PM

Originally Posted by DOMS

I've had two family members die of smoking-related cancer, and a thirst suffer a tumor and a paralyzing stroke.

Damn.

For the life of me, I can't figure out how they're still alive because they are defying the odds that's for sure.

**LAM** · 11-08-2011, 04:55 PM

Originally Posted by Prince

Since the majority of Americans do NOT smoke anymore why are cigarettes still legal?

or they could just stop putting chemicals in them that are non-carcinogens...

the fed gov only picks on the little guys...

about 1.5 years ago I found out that I didn't have to carry workers comp since I have no employees only subs. 2 days after I called state farm to cancel I received a cease-and-desist letter from the sec of state saying I was in violation and they were going to shut me down.

**Curt James** · 11-08-2011, 05:05 PM

Originally Posted by LAM

or they could just stop putting chemicals in them that (snip)

Seem to recall an article stating there's benzene in cigarettes. That's a chemical used in printing. Have to wear gloves to avoid contact with that particular flammable liquid. Yet, if it's in your Newports, hey, A-OK!

...

Here's one article that popped up courtesy of a quick Google:

Benzene in Cigarette Smoke

**Curt James** · 11-08-2011, 05:07 PM

**Patriot1405** · 11-08-2011, 05:10 PM

I believe another reason it continues to be legal, is the revenue it brings! The so called sin tax ...Here in New York a pack of cigarettes is almost $15.00!!!!

**Curt James** · 11-08-2011, 05:19 PM

Originally Posted by Patriot1405

I believe another reason it continues to be legal, is the revenue it brings! The so called sin tax ...Here in New York a pack of cigarettes is almost $15.00!!!!

I've purchased more than one pack of Marlboro red packs, but I'm grateful there's never been an addiction involved. Especially when I see what a carton of those bad boys go for, something like $70.00.

How do people afford their habit?

**LAM** · 11-08-2011, 05:31 PM

Originally Posted by Patriot1405

I believe another reason it continues to be legal, is the revenue it brings! The so called sin tax ...Here in New York a pack of cigarettes is almost $15.00!!!!

when a good 1/8 of chronic is only 50-60 why in the fuck would anybody pay that much to get lung cancer and not even catch a buzz..

**KelJu** · 11-08-2011, 06:19 PM

Originally Posted by Big Pimpin

An overwhelming majority of men don't fuck other men in the ass, yet consenting sodomy among adult males is legal.

Not in all states. Buttfucking is still illegal in many. Some people have even been arrested for it as recently as this year.

**lnvanry** · 11-08-2011, 07:38 PM

Originally Posted by vancouver

The same reason steroids are illegal, Politics.

No product should be illegal so long as it does not indirectly harm another person. Laws against public smoking are justified, but laws against tobacco consumption are unjustified.

Governments should not waste their time and the peoples money on prohibition and spend more time on protecting rights. cigarettes already carry a surgeon gerneral's waring. If someone is stupid enough to chain smoke cigarettes, too bad.

Same with steroids, soft drugs, hard drugs, etc.

No one is preventing me from buying lysol and drinking it, however there is a lable that states I should not drink it.

I agree....as long as I'm not subsidizing the users health care

**Dark Geared God** · 11-08-2011, 07:44 PM

Originally Posted by KelJu

Not in all states. Buttfucking is still illegal in many. Some people have even been arrested for it as recently as this year.

So how did that work out for you?

**troubador** · 11-08-2011, 11:09 PM

Originally Posted by Prince

that's a joke right?

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." ~ The Declaration of Independence

**Big Pimpin** · 11-09-2011, 04:55 AM

Originally Posted by KelJu

Not in all states. Buttfucking is still illegal in many. Some people have even been arrested for it as recently as this year.

I forgot, you're in AL right? Isn't or wasn't porn illegal in AL?

**t-diddz** · 11-09-2011, 08:35 AM

Originally Posted by DOMS

I propose the following message be place on cigarette packs:

Just FYI, you're sucking on a something that's burning. You're a moron. Go catch a train from the front.

exactly right.

**Gissurjon** · 11-09-2011, 02:54 PM

Originally Posted by KelJu

Not in all states. Buttfucking is still illegal in many. Some people have even been arrested for it as recently as this year.

You are partially right. Many states still have statutes that ban it but those statutes have been superseded by a Supreme Court Ruling. I can't remember the name of the case but it was in Texas and ended up in the U.S. Supreme Court.

**Dark Geared God** · 11-09-2011, 02:58 PM

Originally Posted by Gissurjon

You are partially right. Many states still have statutes that ban it but those statutes have been superseded by a Supreme Court Ruling. I can't remember the name of the case but it was in Texas and ended up in the U.S. Supreme Court.

i knew it was just a matter of time. before the internet lawyer came by

**Gissurjon** · 11-09-2011, 03:34 PM

Originally Posted by Dark Geared God

i knew it was just a matter of time. before the internet lawyer came by

Rather be that than the internet cock sucker.

**Dark Geared God** · 11-09-2011, 06:11 PM

Originally Posted by Gissurjon

Rather be that than the internet cock sucker.

Your both so well done

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