We have been following the developing saga of the FDA's attempt to impose new warning labels on cigarette packages that include graphic images. See (in chronological order) here, here, here, here, here and here. The last report was that a federal district court in Washingon DC declared the regulations unconstitutional.
Today, however, the Wall Street Journal law blog is reporting that a federal appeals court in Cincinnati has upheld the portion of the regulations that requires that large graphic warnings comprise the top 50% of the front and back of cigarette packs. Go here for a copy of the opinion. According to the report, the Court held that the labels “serve as disclaimers to the public regarding the incontestable health consequences of using tobacco” and do not unconstitutionally restrict tobacco companies’ speech.
UPDATE (March 21): Professor Jonathan Turley has a detailed comment on the topic here.
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