R.J. REYNOLDS TOBACCO COMPANY etal v. FDA Labeling
Aug 26, 2011
…through inclusion of a smoking cessation hotline, every warning must contain a direct exhortation to smokers
to “QUIT-NOW.” These factors in combination—the use of shocking and manipulative graphics, the
size of the graphics and text, their placement on Plaintiffs’ packaging and advertising, the directive
“QUIT-NOW,” and the juxtaposition of color graphics against black-and-white text—make clear that
the warnings regime imposed by the Rule does not simply provide factual information to help
consumers make educated decisions about cigarette use. Instead, the “warnings” cross the line into
anti-smoking advocacy, intended to drown out Plaintiffs’ own speech with the Government’s
message: “Don’t Buy This Product.”
See http://legaltimes.typepad.com/files/motion-for-summary-judgment.pdf
