WASHINGTON, D.C. ? The Obama administration and tobacco companies squared off in federal appeals court yesterday as attorneys for both sides presented pro and con arguments relating to the Food and Drug Administration?s graphic warning labels for cigarette packages, CBS News reports. The government says the labels will reduce smoking, while the tobacco firms counter that the requirement encroaches on their First Amendment rights.
Two months ago, a federal judge decided that making tobacco companies plaster their packages with the images violated free speech protected by the Constitution. The government appealed the decision, and now the federal appeals court is deciding the case.
The graphic images were selected for their shock value: a man exhaling smoke from a hole in his tracheotomy; health lungs juxtaposed beside diseased ones. Besides the gruesomeness of the photos, the tobacco companies objected to having most of the packaging covered by warnings and graphics, leaving little room for the brand name.
?The Supreme Court has said that the government cannot manipulate speech in this way to try to put the thumb on the scales to get people to do what they want and not make their own choices in the marketplace,? said Dan Jaffe with the Association of National Advertisers.
The packaging changes were slated to start this September, but lawsuits filed by the tobacco companies have delayed implementation.
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