Following is a statement of Campaign for Tobacco-Free Kids, American
Cancer Society, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association and American Legacy Foundation:
In a significant victory for public health, a federal judge in Kentucky today upheld most key provisions of the new law giving the U.S. Food and Drug Administration (FDA) the power to regulate tobacco products.
The judge upheld critical provisions of the law that:
- Require large, graphic health warnings on cigarette packs;
- Prohibit tobacco companies from making health claims about tobacco products without FDA review; and
- Ban several forms of tobacco marketing that appeal to children, including brand name sponsorships, tobacco-branded merchandise such as caps and t-shirts, free samples of tobacco products and free gifts with purchase.
Importantly, the court also upheld the authority of federal, state and local governments to impose additional regulations on tobacco products and marketing beyond those specified in the law, and nothing in the decision impacts the authority of FDA to enact further restrictions on tobacco marketing to protect the public health.
It is disappointing, however, that the judge struck down two provisions of the law: one that bans the use of color and imagery in tobacco advertising in locations viewed by large numbers of youth and the second that prohibits claims implying that a tobacco product is safer because of FDA approval.