Four big cigarette makers have sued the US Food and Drug Administration (FDA), seeking to void as unconstitutional new graphic labels and advertising that warn consumers about the risks of smoking and induce them to quit.
The lawsuit by Reynolds American Inc's R.J. Reynolds unit, Lorillard Inc, Liggett Group LLC and Commonwealth Brands Inc, owned by Britain's Imperial Tobacco Group Plc, said the warnings required no later than September 22, 2012 would force cigarette makers to "engage in anti-smoking advocacy" on the government's behalf.
They said this violates their free speech rights under the First Amendment, according to a complaint filed yesterday with the US District Court in Washington, D.C.
"The notion that the government can require those who manufacture a lawful product to emblazon half of its package with pictures and words admittedly drafted to persuade the public not to purchase that product cannot withstand constitutional scrutiny," said Floyd Abrams, a prominent First Amendment specialist representing the cigarette makers, in a statement.
An FDA spokeswoman declined to comment, citing an agency policy not to discuss pending litigation.
The 2009 Family Smoking Prevention and Tobacco Control Act in the US requires colour warnings covering the top half of the front and back panels of cigarette packages, and the top 20 per cent of printed advertising.
Dead bodies, diseased lungs and rotting teeth are among the images expected to appear, in the first change to US cigarette warnings in 25 years.
Reynolds' brands include Camel, Winston and Kool; Lorillard brands include Newport and True; Commonwealth brands include Davidoff, and Liggett brands include Eve.
The cigarette companies are the largest in the United States other than Altria Group Inc, whose brands include Marlboro and which is not part of the case. Altria had previously supported the 2009 law.
"Certain provisions of the final rule raise constitutional concerns," Altria spokesman Bill Phelps said. "We continue to work constructively with the FDA, and reserve our rights and options to protect the company."
A smaller cigarette maker, Santa Fe Natural Tobacco Co, is also a plaintiff in the lawsuit, which also seeks to delay enforcement of other parts of the tobacco law.
Agencies