In a 2-1 decision released today, a federal appeals court in Washington D.C. found in favor of the tobacco industry in what is only the latest in a series of back-and-forth court decisions over new federal regulations on the packaging of tobacco products. The decision is likely to drive the issue to the U.S. Supreme Court where a final decision will be made on the issue.
In 2009, the United States passed a law requiring all tobacco manufacturers to display a series of extremely graphic and unsettling warning images on their packaging. These images depicted various diseases that have been connected to the use of tobacco products. The federal government argues that these images could help lower the smoking rate by as much as .212 percent. However, the tobacco industry immediately balked at the requirement, arguing that it was a violation of their right to free speech.
In February of this year, another federal appeals court ruled against the tobacco companies, arguing that the images simply inform consumers about the addictiveness of the product. However, in this latest court ruling, the two majority opinion judges ruled that the previous court ignored the free speech rights of the tobacco companies and that the purpose of the images is not to inform but to frighten.
Because two appeals courts have now issued directly contrasting rulings in the case, it is probable that it will come down to the U.S. Supreme Court as the ultimate arbiter on the issue.
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