Tobacco companies sue the federal government over graphic warning labels, say they're unfair

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Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by TexasBlue on Wed Aug 17, 2011 7:46 pm

Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Associated Press
August 17, 2011


COLUMBIA, S.C. - Tobacco companies want a judge to put a stop to new graphic cigarette labels that include the sewn-up corpse of a smoker and pictures of diseased lungs, saying they unfairly urge adults to shun their legal products and will cost millions to produce.

Four of the five largest U.S. tobacco companies sued the federal government Tuesday, saying the warnings violate their free speech rights.

"Never before in the United States have producers of a lawful product been required to use their own packaging and advertising to convey an emotionally-charged government message urging adult consumers to shun their products," the companies wrote in the lawsuit filed in federal court in Washington.

The companies, led by R.J. Reynolds Tobacco Co., Lorillard Tobacco Co., said the warnings no longer simply convey facts to allow people to make a decision on whether to smoke. They instead force them to put government anti-smoking advocacy more prominently on their packs than their own brands, the companies say. They want a judge to stop the labels.

The FDA refused to comment, saying the agency does not discuss pending litigation. But when she announced the new labels in June, Health and Human Services Secretary Kathleen Sebelius called them frank and honest warnings about the dangers of smoking.

The FDA approved nine new warnings to rotate on cigarette packs. They will be printed on the entire top half, front and back, of the packaging. The new warnings also must constitute 20 percent of any cigarette advertising. They also all include a number for a stop-smoking hotline.

One warning label is a picture of a corpse with its chest sewed up and the words: "Smoking can kill you." Another label has a picture of a healthy pair of lungs beside a yellow and black pair with a warning that smoking causes fatal lung disease.

The lawsuit said the images were manipulated to be especially emotional. The tobacco companies said the corpse photo is actually an actor with a fake scar, while the healthy lungs were sanitized to make the diseased organ look worse.

The companies also said the new labels will cost them millions of dollars for new equipment so they can frequently change from warning to warning and designers to make sure the labels meet federal requirements while maintaining some distinction among brands.

Joining R.J. Reynolds and Lorillard in the suit are Commonwealth Brands Inc., Liggett Group LLC and Santa Fe Natural Tobacco Company Inc. Altria Group Inc., parent company of the nation's largest cigarette maker, Philip Morris USA, is not a part of the lawsuit.

The free speech lawsuit is a different action than a suit by several of the same companies over the Family Smoking Prevention and Tobacco Control Act. The law, which took affect two years ago, cleared the way for the more graphic warning labels, but also allowed the FDA to limit nicotine. The law also banned tobacco companies from sponsoring athletic or social events and prevented them from giving away free samples or branded merchandise.

A federal judge upheld many parts of the law, but the companies are appealing.
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Re: Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by TexasBlue on Wed Aug 17, 2011 7:48 pm

Every bottle of alcohol should now have a picture of a crashed vehicle with a dead person depicted. Or a liver. Candy with pictures of rotten teeth. The list could go on and on. People know the risks of smoking and that's their choice. Cars can kill you, alcohol can kill you and obesiety can kill you. All legal products as well but not subject to this type of nannyism.
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Re: Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by dblboggie on Wed Aug 17, 2011 8:17 pm

More mindless federal interference in free (and legal) markets. More unconstitutional usurpations of basic freedoms. And more regulatory burdens on private sector businesses.

It's as though the Obama administration is deaf, dumb and blind.

The man is a menace to this country!
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Re: Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by Guest on Fri Aug 19, 2011 1:56 pm

People know the risks of smoking but that don't stop them for pretending that they will be the one in a +millions would live live well into their 90's smoking 60 a day and dieing with out discomfort and smile on their unlined face..

the truth is those images on the fag packet and a very unpleasant death.. so the smoker may continue to close their eyes to the endless reports on the addiction and deaths from the modern cigarette with all those added chemicals.. but they can not close their eyes images of blacken lungs as each time they open their fag packet.

We don't need to worry about our Tobacco companies cos there are billions of would be addicts in those countries that don't have the finance or the uncorrupted governments that care about their citizens

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Re: Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by TexasBlue on Fri Aug 19, 2011 2:31 pm

cable2+1 wrote:the truth is those images on the fag packet and a very unpleasant death..

FDA warning photos faked

http://www.washingtontimes.com/news/2011/jun/21/hurt-no-ifs-ands-or-butts-fda-warning-photos-faked/?page=1
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Re: Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by Guest on Fri Aug 19, 2011 3:59 pm

TexasBlue wrote:
cable2+1 wrote:the truth is those images on the fag packet and a very unpleasant death..

FDA warning photos faked

http://www.washingtontimes.com/news/2011/jun/21/hurt-no-ifs-ands-or-butts-fda-warning-photos-faked/?page=1

thanks for pointing the way.. i was totally sold until i read..
As for the corroded lungs? Who knows, given their track record so far?
Maybe it is a real picture and that of a smoker. Or, perhaps they are
the lungs of someone who handled asbestos in a Navy yard for the federal
government. Or maybe it is altogether faked.
where i am sure of the truth of their claim that some of the images are fake.. they go and blow it with their
As for the corroded lungs? Who knows, given their track record so far?
Maybe it is a real picture and that of a smoker. Or, perhaps they are
the lungs of someone who handled asbestos in a Navy yard for the federal
government. Or maybe it is altogether faked.

Guest
Guest


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Re: Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by TexasBlue on Fri Aug 19, 2011 4:45 pm

cable2+1 wrote:thanks for pointing the way.. i was totally sold until i read..
As for the corroded lungs? Who knows, given their track record so far?
Maybe it is a real picture and that of a smoker. Or, perhaps they are
the lungs of someone who handled asbestos in a Navy yard for the federal
government. Or maybe it is altogether faked.
where i am sure of the truth of their claim that some of the images are fake.. they go and blow it with their
As for the corroded lungs? Who knows, given their track record so far?
Maybe it is a real picture and that of a smoker. Or, perhaps they are
the lungs of someone who handled asbestos in a Navy yard for the federal
government. Or maybe it is altogether faked.

Of course, you left out
The dead man with the zipped-up chest? “It’s not a dead body,” the spokesman assured me. “It’s an actor. It’s supposed to be a cadaver after an autopsy.”

The man with the wispy smoke coming out of the hole in his throat? “That’s a Photoshopped illustration.

The baby in an incubator is a creepy drawing.
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TexasBlue




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Re: Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by kronos on Sat Aug 20, 2011 10:52 am

cable2+1 wrote:
TexasBlue wrote:
cable2+1 wrote:the truth is those images on the fag packet and a very unpleasant death..

FDA warning photos faked

http://www.washingtontimes.com/news/2011/jun/21/hurt-no-ifs-ands-or-butts-fda-warning-photos-faked/?page=1

thanks for pointing the way.. i was totally sold until i read..
As for the corroded lungs? Who knows, given their track record so far?
Maybe it is a real picture and that of a smoker. Or, perhaps they are
the lungs of someone who handled asbestos in a Navy yard for the federal
government. Or maybe it is altogether faked.
where i am sure of the truth of their claim that some of the images are fake.. they go and blow it with their
As for the corroded lungs? Who knows, given their track record so far?
Maybe it is a real picture and that of a smoker. Or, perhaps they are
the lungs of someone who handled asbestos in a Navy yard for the federal
government. Or maybe it is altogether faked.

I don't follow your reasoning here. You were convinced that "some" of the images were fake until you read this; now, after you read it, you no longer believe that any of them are fake?

What does the quote in the article have to do with whether the images are fake or not?




The graphic, fake warnings are ridiculous. I'm still in favor of the good old-fashioned, emotionally-neutral, text-only warnings.

I think it would be more honest, for those who push for these fake graphic labels, to just try to illegalize tobacco outright. Not that I advocate such a thing.

kronos




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Re: Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by TexasBlue on Sat Aug 20, 2011 11:00 am

kronos wrote:I think it would be more honest, for those who push for these fake graphic labels, to just try to illegalize tobacco outright. Not that I advocate such a thing.

I wish they would make them illegal. All the whining and stomping that they do, they might as well. They won't though. It would rob them of their cash cow (taxes).


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“I’m not in favor of fairness. I’m in favor of freedom, and freedom is not fairness. Fairness means somebody has to decide what’s fair.” - Milton Friedman
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Re: Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by Arx Ferrum on Sun Oct 16, 2011 5:58 pm

What a nanny state we're becoming.

Another example:

Seatbelt Laws: Intrusive. Unless you fly through the windshield and bounce off a street sign before crashing through the picture window of a nearby home and land on the coffee table during a ladies' get-together while the kids are in bed, the only person you physically hurt by driving unbuckled is yourself. But... let's be fair; this law was fully bought and paid for by the insurance industry and tagged for your safety because we really do believe it when they say they care.

As far as cigarette packaging and the ugly imagery? My guess is that each brand combined with the variety of law enforced pictures, will become collectibles like... baseball cards.

'Hey! I got the collapsed lungs on a Marlboro Menthol 100s pack! Woo hoo! Talk about hard-to-find!'

People are smart enough to make their own choices and should be allowed the responsibility for their own lives.
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Re: Tobacco companies sue the federal government over graphic warning labels, say they're unfair

Post by TexasBlue on Sun Oct 16, 2011 6:35 pm

ROFL

Yeah, the seatbelt thing annoys me to no end... while at the same time motorcycle riders can go without helmets here in Minnesota. I also didn't like how the feds passed the seatbelt law. They made the states pass it or else lose federal hwy funding. Ummm.... the states paid into that fund and should get it back for their highways that are federal roads (interstates, US hwys, etc).

It's called blackmail in the real world.


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“I’m not in favor of fairness. I’m in favor of freedom, and freedom is not fairness. Fairness means somebody has to decide what’s fair.” - Milton Friedman
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