Ken Wassum, Associate Director, Clinical Development & Support

Big Tobacco has made a legal move that was expected by suing to prevent new graphic warnings on cigarette packs from going into effect. These new warnings are set to be implemented in September of 2012, but this litigation may likely delay it. The big question is whether the courts will allow the warning to take effect while the case is litigated, or whether implementation will be delayed until a ruling is made, which could easily take 3 to 4 years.

According to today’s AP story, the tobacco industry is making the argument that such warnings “violate their free speech”. In their suit that was filed today they argued, "Never before in the United States have producers of a lawful product been required to use their own packaging and advertising to convey an emotionally-charged government message urging adult consumers to shun their products". 

What the tobacco industry neglects to mention is that they have used emotionally charged advertising to sell their products for decades. Their advertising has sold an image rather than a simple product. Picture the Camel cigarettes dude hauling his canoe through a swamp in a manly way with a cigarette dangling from his rugged lips, or the all-too-familiar image of the Marlboro cowboy smoking his brains out while herding cattle in the great American West. For you women, remember Benson and Hedges’ “you’ve come a long way Baby” ads that leveraged the passions of women’s rights movements of the 70’s?  For you teens, think about Joe Camel handing out tickets to rock concerts in Rolling Stone magazine ads. Aren’t these “emotional messages”?

Let’s be clear. It is well documented that the tobacco industry has used emotion and deception to market and sell their deadly products. They have told the American public that nicotine was not addictive, when court documents plainly show that in their research labs they were strategizing how to make their products more addictive, and brainstorming strategies to market cigarettes to 14 year-old kids by adding flavorings that make starting to smoke easier and more attractive.

The proposed graphic warnings will save lives. Let’s not forget the cigarettes are still the leading cause of preventable death in the US, with nearly a half-million deaths per year. The tobacco industry continually updates their advertising and promotions to sell more cigarettes, but would deny those charged with protecting public health the right to do the same.  Where these graphic warnings have been implemented in other countries, such as Canada and Australia, they have had a huge impact on public health and have been proven to encourage smokers to quit and discourage teens from starting to smoke.

Let’s hope the courts recognize that by implementing graphic warnings they will be helping to save American lives and reduce health care costs, and that by banning these warnings they will be allowing the tobacco industry to continue to kill and maim our family members and friends by hiding the dangers of their products.