Four big cigarette makers have sued the Food and Drug Administration, claiming the new graphic labels and advertising that warn consumers about the risks of smoking and induce them to quit are unconstitutional. The lawsuit by R.J. Reynolds, Lorillard, Liggett Group and Commonwealth Brands said the warnings required no later than September 22, 2012, would force cigarette makers to “engage in anti-smoking advocacy” on the government’s behalf. They said it violates their free speech rights under the First Amendment, according to a complaint filed yesterday. The 2009 Family Smoking Prevention and Tobacco Control Act requires color warnings covering the top half of the front and back panels of cigarette packages, and the top 20% of printed ads. Dead bodies, diseased lungs and rotting teeth are among the images expected to appear, in the first change to U.S. cigarette warnings in 25 years. Reynolds’ brands include Camel, Winston and Kool; Lorillard brands include Newport and True; Commonwealth brands include Davidoff, and Liggett brands include Eve.
