Appeals court upholds federal tobacco marketing restrictions

By Julian Pecquet - 03/19/12 02:31 PM ET

A federal appeals court on Monday upheld the Obama administration's right to require graphic warnings on cigarette packs and advertising under a 2009 tobacco law.

The 6th Circuit Court of Appeals confirmed a Kentucky district court's 2010 ruling that upheld the regulations against a challenge from cigarette makers. Another federal court in Washington, D.C., ruled last month that requiring graphic images and stark warning labels would violate the First Amendment.

The court ruled that the images "serve as disclaimers to the public regarding the incontestable health consequences of using tobacco," which the government has a right to impose.

The appeals court went further than the Kentucky district court by prohibiting tobacco companies from making health claims implying that their regulation by the Food and Drug Administration makes the products safer. In a blow to public health groups such as the American Cancer Society, however, the appellate court struck down the requirement that tobacco advertisements appear exclusively in black and white.

The D.C. Circuit is scheduled to hear oral arguments in the graphic warning label case on April 10. The challenge could end up before the Supreme Court.