Last week, the FDA unveiled graphic warning labels required to appear on every pack of cigarettes sold in the United States, but some question the labels’ constitutionality.
The FDA approved nine of the proposed 36 images. The images depict diseased lungs, rotten teeth and babies in incubators.
According to the 2009 Family Smoking Prevention and Tobacco Control Act, the top half of the cigarette box and 20% of tobacco advertisements must contain one of the nine images.
John Devlin, University law professor, says the labels are a potential issue regarding compelled commercial speech.
He said the government can regulate commercial speech to an extent, but tobacco corporations are being forced to display messages.
“The courts will likely take up this issue,” Devlin said.
The FDA claims the graphic labels will “help prevent children from smoking, encourage adults who do to quit and ensure every American understands the dangers of smoking,” according to a news release.
Some University students think the warnings won’t do anything.
“You’re going to smoke either way, regardless of the warnings,” said Amanda Plumb, business freshman.
Blake Clark, sociology junior, agrees.
“I already know of the risks of smoking, so it doesn’t matter to me,” he said.
Other students, like English senior Alexandra Goodwin, think labels might be effective.
“It’ll push people not to smoke as much,” Goodwin said. “It’s an effective label.”
Baton Rouge psychologist Joseph Tramontana also thought the labels would be effective.
“People associate bad images with bad things so I think the labels would be deterrents,” he said.
Tramontana also said mindfulness is an aspect of addictions. Habits are often automatic, and warning labels allow people to be mindful of their smoking habits.
The University is also taking measures to deter smoking.
In April, the University Senate passed legislation restricting smoking on campus within 75 feet of a building entrance.
After September 22, 2012, cigarette packs without FDA-approved graphic labels will be prohibited for sale in the United States.
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Contact Kaitlin Torke at [email protected]
Cigarettes to carry graphic labels
June 28, 2011