A recent court decision determined that the First Amendment is not infringed upon by a federal mandate to include graphic images on cigarette packaging and advertisements that showcase the harmful effects of smoking. These images may include depictions of damaged lungs and discolored feet due to reduced blood flow.

A three-judge panel from the 5th U.S. Circuit Court of Appeals delivered a partially favorable decision for federal regulators who aimed to strengthen warning labels. However, the court allowed a challenge from the tobacco industry to proceed, stating that a lower court should assess whether the rule was implemented in compliance with the federal Administrative Procedure Act, which regulates the creation of regulations.

The 5th Circuit panel dismissed the industry’s claims that the rule infringes on the right to free speech and that it mandates large images and text that overshadow branding and messaging on packaging and advertisements.

The decision overrules a previous ruling by a federal district court in Texas, where a judge deemed the regulations to be a violation of the First Amendment.

“The 5th Circuit panel, as stated by Judge Jerry Smith, holds a differing opinion. They assert that the warnings provided are based on facts and not open to debate.”

The panel overturned the lower court’s decision regarding the First Amendment, but pointed out that the judge did not address the challenge based on the APA. The case was remanded to the district court for consideration of this matter.

The photos in question feature a woman with a visible growth on her neck and the following statement: “CAUTION: Smoking can lead to head and neck cancer.” Another photo shows a man’s chest with a lengthy scar from surgery and a different cautionary message: “Smoking can result in heart disease and strokes due to blocked arteries.”

Over 120 nations across the globe have implemented extensive warning labels containing graphics. Data from these countries indicates that the visual warnings are more successful in raising awareness about the dangers of smoking and motivating smokers to give up the habit.

The panel consisted of judges Jennifer Walker Elrod, James Graves, and Smith, nominated by George W. Bush, Barack Obama, and former President Ronald Reagan, respectively.