In 2010, Congress passed the Family Smoking Prevention and Tobacco Control Act, which, among other things, required the Food and Drug Administration to issue a rule requiring graphic warning labels covering the top half of the front and back of cigarette packs and 20% of cigarette advertising. Ruling in a case challenging the regulation, brought by cigarette company RJ Reynolds and other tobacco companies, a federal judge in Texas ruled yesterday that the FDA's graphic warnings for cigarettes violate the First Amendment and vacated the FDA regulation.
The court's decision is here. A statement by the American Academy of Pediatrics, American Cancer Society, and other public health groups urging the FDA to appeal is here.