Supreme Court Rejects Tobacco Companies’ Challenge to FDA Warning Labels

The U.S. Supreme Court on Nov. 25 rejected an appeal from tobacco companies that alleged a federal regulatory rule requiring larger warnings on cigarette packages was unjustified and unconstitutional.
“The government has not shown that compelling these large, graphic warnings is necessary in light of other options,” such as campaigns to raise public awareness of the consequences of tobacco usage, Barker wrote.
Judges on the U.S. Court of Appeals for the Fifth Circuit overruled Barker in 2024.
“Indeed, the Fifth Circuit’s holding hinged on the Orwellian view that compelled speech can be ‘purely factual’ under Zauderer even if it is neither ’true‘ nor ’accurate’—which conflicts with Zauderer,” they said.
In Zauderer v. Office of Disciplinary Counsel, the Supreme Court said governments can, in many cases, require companies to incorporate certain information into their advertisements.
Under Supreme Court rules, at least four of the nine justices must agree to accept a petition challenging a lower court decision. That means that at least six justices did not agree to take up the appeal from the tobacco companies.
The court does not list how each justice decided.