Graphic warnings on cigarette packages blocked

A federal judge blocked new U.S. rules from taking effect that would put graphic health warnings on cigarette packaging, saying the required images may violate tobacco companies' rights to free speech.

U.S. District Judge Richard Leon ruled Monday in Washington that ordering the companies, including Lorillard and R.J. Reynolds Tobacco Co., to display images of diseased lungs and a cadaver with chest staples on an autopsy table may "unconstitutionally compel speech."

Leon postponed the Sept. 22, 2012, deadline for the regulations to take effect while he reviews the constitutionality of the Food and Drug Administration rule.

Lorillard, R.J. Reynolds, Commonwealth Brands Inc., Liggett Group LLC and Santa Fe Natural Tobacco Co. Inc. sued the FDA in August, claiming its mandates for cigarette packages, cartons and ads violate the First Amendment. The companies said in court papers that it would cost them a total of about $20 million to meet the 2012 deadline.

Lorillard's lawyer Floyd Abrams said the ruling "reaffirms fundamental First Amendment principles by rejecting the notion that the government may require those who sell lawful products to adults to urge current and prospective purchasers not to purchase those products."

Leon said the images were intended to produce an emotional response and go beyond "purely factual and uncontroversial information" that other courts found to be permissible government-compelled speech.

Matthew Myers, president of the Campaign for Tobacco-Free Kids, said by email that the Justice Department should appeal Leon's ruling.