A federal appeals court upheld a law on Monday that would force tobacco companies to put prominent, graphic warnings on packs of cigarettes, but it also ruled that the companies should be able to use colorful advertising themselves.
The 6th Circuit Court of Appeals in Cincinnati also upheld a law that lets the Food and Drug Administration ban marketing that might appeal to children and teens, such as sponsorship of events, free samples, and branded hats and t-shirts.
“We affirm the decision of the district court upholding the Family Smoking Prevention and Tobacco Control Act’s restrictions on the marketing of modified-risk tobacco products; bans on event sponsorship, branding nontobacco merchandise, and free sampling; and the requirement that tobacco manufacturers reserve significant packaging space for textual health warnings,” U.S. Circuit Judges Eric Clay, Jane Branstetter Stranch, and Michael Barrett wrote.
The court also ruled that FDA can make cigarette companies feature big, graphic warnings on packs, with Clay, who wrote the ruling, also dissenting from that piece.