Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says

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Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says
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A federal appeals court says a requirement that cigarette packs and advertising include graphic images demonstrating the effects of smoking does not violate the First Amendment.

Rain may have subsided in Houston for now, but more is on the way for tonight; Here’s what we knowFILE - This image provided by the U.S. Food and Drug Administration, Thursday, Aug. 15, 2019, shows proposed cigarette warning labels.

The ruling overturns a lower court order from a federal district court in Texas, where a judge found the requirements violate the First Amendment. While reversing the lower court's First Amendment finding, the panel noted that the judge had not ruled on the APA-based challenge. It sent the case back to the district court to consider that issue.

Nearly 120 countries around the world have adopted larger, graphic warning labels. Studies from those countries suggest the image-based labels are more effective than text warnings at publicizing smoking risks and encouraging smokers to quit.

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