Advertisers Likely to File Suit Over Harsh New Cigarette Warnings

The Food and Drug Administration unveiled new mandatory health warnings for cigarette packages; the warnings are the boldest seen thus far in the US, designed to scare the pants off kids who are even thinking about smoking and help adults make the decision to quit.

There are nine different warnings, each of which include a graphic picture -- horrific images of blackened lungs, stained teeth, cadavers, and open wounds. Together, they make up the most significant change to cigarette labels in more than 25 years. By September 2012, all cigarette packs, cartons, and advertising must display the labels, which include a warning accompanied by a phone number: 1-800-QUIT-NOW. Advertisers, represented by the Association of National Advertisers, have charged that the new labels run afoul of the First Amendment, and are considering steps, including a lawsuit, to push back against the FDA's action. (Tobacco companies filed suit in federal court in 2009 over a range of new regulations, including the then-proposed warnings; they lost on a similar First Amendment claim. The case is now on appeal.)