COMMENTARY | Cigarettes are one of the leading causes of lung cancer and emphysema, leading to death in America, and for that reason, the government requires warning labels. But now, due to new regulations that would force cigarette companies to include graphic images such as a blackened lungs and a dead body, manufacturers are crying foul.
According to the Daily Caller, four of the nation's largest cigarette producers, Lorillard, R.J. Reynolds Tobacco Co., Commonwealth Brands, Inc., and Liggett Group LLC, are suing for what they're calling a violation of their First Amendment rights.
Floyd Abrams, a lawyer representing Lorillard, had this to say on the matter: "The regulations violate the First Amendment. The notion that the government can require those who manufacture a lawful product to emblazon half of its package with pictures and words admittedly drafted to persuade the public not to purchase that product cannot withstand constitutional scrutiny."
I'm not a smoker, but we have to agree that some sort of warning labels are important. In fact, I think we do. It's not as if the cigarette manufacturers are fighting for the right to say, "Cigarettes will make you look cool, leading to more sex, confidence, and fun times with friends" (as alcohol ads do). I don't see the government demanding that alcohol sellers include pictures of mangled bodies from car accidents, or kids puking in the bushes, or a drunk girl about to get gang raped. I don't see Hostess or Nabisco lamenting regulations forcing them to adorn their packages with morbidly obese children, lying in caskets.
There are a lot of products that, when abused, kill people. And we all agree that saying so is a good thing, if for no other reason, than to sever liability. It is, however; ludicrous to single out one particular killer product for the purpose of forcing them to market hatred for themselves on the basis of a public (or private) agenda.
Cigarette manufacturers produce and market a dangerous product. On that, there can be no debate. That said, there's nobody in America that thinks cigarettes replace a bowl of grape-nuts, adding to health and longer vitality. Smokers know the risks they take, and many even joke about it. Absolutely, the new regulations on warning labels are over the top, and I suspect the courts will see that too.
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