Business Group Comes Out Against FDA's Graphic Warning Labels

The U.S. Chamber of Commerce says that the federal government should not be able to dictate tobacco company packaging that persuades consumers not to purchase the product.

February 02, 2012

RICHMOND, VA - The U.S. Chamber of Commerce (USCOC) filed an amicus brief with the U.S. Court of Appeals earlier this week, saying the federal government lacks authority in requiring tobacco companies to modify their packaging with advertisements persuading consumers not to purchase their products, the Associated Press reports.

The brief comes as tobacco companies challenge the Food and Drug Administration's plan to require graphic new warning labels be placed on cigarette packs later this year.

In November, a U.S. District Court judge blocked the labels pending a decision on whether they violate the companies€™ free speech rights. The FDA appealed that decision and oral arguments are scheduled for April. At the same time, oral arguments on motions for summary judgment over whether to ban the new labels took place yesterday in U.S. District Court.

In its brief, the USCOC wrote that allowing the warning labels would be a "radical departure from traditional government efforts to regulate speech insofar as they force commercial enterprises to disparage the very products that they are lawfully marketing."

The FDA maintains the public interest in conveying the dangers of smoking outweighs the tobacco companies€™ free speech rights.

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