U.S. Court of Appeals for the Fifth Circuit upholds FDA’s graphic cigarette warnings

Truth Initiative

March 29, 2024

In victory for public health, federal appeals court upholds FDA’s graphic cigarette warnings

In a major victory for public health, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has unanimously upheld graphic health warnings on cigarette packs and advertising required under a 2020 FDA rule. This decision reverses a ruling by a lower court judge that blocked the warnings. Rejecting tobacco industry arguments, the appellate court found that the FDA’s warnings are “factual and uncontroversial” and do not violate the First Amendment.

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How to support someone who wants to break up with their vape

People who want to quit are not alone - according to a 2023 Truth Initiative survey, 67% of 15-to-24-year-old e-cigarette users surveyed said they were considering quitting as a New Year’s resolution. For many people, support from those closest to them can be the key to breaking up with their vape for good. Here are some tips for supporting someone as they start their quit-vaping journey.

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Majority of U.S. adults support the removal of menthol cigarettes, including many menthol smokers

CDC data collected in 2021 shows that most U.S. adults (62.3%) support policies to eliminate menthol cigarettes, the last remaining flavored cigarette still sold in the U.S. that has long been marketed to Black Americans with predatory tobacco industry tactics. In addition, 57.3% of survey participants supported a policy prohibiting the sale of all tobacco products.

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This week in tobacco policy news

Baltimore – Mayor Scott signed into law legislation to prohibit all tobacco and nicotine products in city stadiums. With the addition of Baltimore, 17 of 30 Major League Baseball stadiums will now be completely tobacco-free.
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Utah – Governor Cox signed into law a bill that will prohibit the sale of e-cigarettes that have not received marketing authorization or are pending marketing authorization from the FDA; prohibit the sale of e-cigarettes with more than 4% nicotine; prohibit the sale of flavored e-cigarettes, except for tobacco and menthol flavors; and create a registry for e-cigarette products. The law will take effect January 1, 2025.
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Vermont – The state legislature passed a bill to prohibit the sale of all flavored tobacco products. It now moves to Governor Scott’s desk for consideration.
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