In USA was ceased requirement about placing images on cigarette packs

November 14, 2011

USA Federal court has ceased effect of Federal Food and Drug Administration (FDA) direction according to which on cigarette packs should appear frightening images with consequences of smoking.

Appropriate FDA requirements will come into force on September 22nd 2012. They oblige cigarette manufacturers to place on the packs of their products stated images among which are cadavers, putrid teeth, children in tobacco smoke puffs and so on with corresponding captions. Images should take not less than half of front and back side of the pack and not less than fifth part on the packs' cover.

With this regard five huge cigarette manufacturers in August of current year have filed a suit, declaring that these requirements cause irretrievable loss to the Company and conflict with Fifth Amendment to US Constitution. So, according to statement of claim, urgent redesign of cigarette packs will cost 20 millions USD what makes 12 % of Company's total income. These costs will not compensate anyone; therefore loss is irretrievable what contradicts to legislation of the country. What concerns the Fifth Amendment, the situation is as follows: Companies are obliged to declare information about products that is important for consumers, even if this information is common and apparent. But at the same time this publicity cannot be "unjustifiably onerous" and as result Companies have to reflect only dry facts but not to promulgate any opinions. In turn images, approved by FDA are emotionally colored. With this regard the judge has directed query about what these images are in fact - actual information or propaganda. Till there will not be an answer on raised question, FDA has no right to claim from Tobacco Companies meeting new requirements.