Federal health officials hoped graphic images would make the more than 40 million Americans who smoke every day think twice before purchasing their next pack of cigarettes. The warning labels were supposed to be on every pack starting next fall, but a federal judge has put that on hold pending the outcome of a lawsuit big tobacco filed challenging the requirement.
Leading health groups from the American Heart Association to the American Cancer Society are already calling the decision a major blow to public health.
“The warnings on cigarettes have been the same for 25 years now. It is imperative that people understand that smoking cigarettes is addictive and kills you and is blatantly dangerous,” said Alyzza Ozer, Regional Vice President, Manhattan, American Cancer Society.
The new warnings approved by the FDA are designed to take up half the space on a cigarette pack and at least 20 percent of any advertising space. But the judge ruled the labeling goes beyond giving just the facts on the health risks of smoking and violates the Constitution's free speech guarantees. The City's health department has led the way with graphic ads of its own. It calls the ruling a setback. And it's clear how the Mayor, who can boast half a million fewer smokers in the city since his time in office, feels about it.
“Look - smoking kills. And if you go to Europe you'd be shocked at just how graphic they are I think it saves lives but it is up to the courts to decide whether it is an impingement on freedom of speech and I'm sure it will be litigated,” said Mayor Michael Bloomberg.
New Yorkers who light up still have a mixed response on whether new labels would make any difference at all. Even if cigarette makers ultimately lose the suit, it could be a while before warning labels become a reality, with the ruling opening the door for years of litigation.
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