Philip Morris USA has filed the second lawsuit against the US Food and Drug Administration (FDA) to challenge the agency’s updated graphic warning rule. R.J. Reynolds had also filed a similar suit previously.
PM USA’s complaint alleges that the labeling requirements place an impermissible burden on manufacturers by forcing them to display anti-smoking messages over 50% of cigarette packaging and 20% of advertising, thus “drown[ing] out” their own messages about their product.
It also alleges that FDA failed to meet the strict standards required for compelled speech, stating “FDA’s marginal interest in more effectively educating consumers about less-known health risks of smoking is insufficient to justify a regime that forces manufacturers to carry messages aimed at pushing away their own customers.”
The company also alleges that the warnings are in fact misleading in that they misrepresent the relative risks of smoking-related health consequences, and, that the new labeling requirements violate the First Amendment by forcing manufacturers to seek pre-approval of their labeling and advertising plans.
The complaint seeks both declaratory and injunctive relief to prevent implementation of the rule.