By Ricardo Carvajal –
The graphic artists working on behalf of FDA have been busy, busy, busy! The agency posted 36 proposed graphic health warnings that would accompany the new health warning statements required under section 201 of the Family Smoking Prevention and Tobacco Control Act. FDA’s proposed rule to implement the new warning requirements is due to publish in an upcoming issue of the Federal Register.
If a picture is worth 1,000 words, the pictures proposed by FDA obviate the need for words altogether. The proposed rule provides a rationale for compelling industry to use the proposed graphic health warnings that is clearly intended to head off a First Amendment challenge. Nonetheless, such a challenge is almost certain to be raised as FDA’s rulemaking goes forward.