Your browser is currently set to block JavaScript.

For full functionality of this site it is necessary to enable JavaScript. Here are the instructions how to enable JavaScript in your web browser.

After enabling javascript, please refresh the page to go back to experts.com site with full functionality

Would you turn off/on JavaScript?

It's a widely used language that makes the web what it is today, allowing for websites to be more responsive, dynamic, and interactive. Disabling JavaScript takes websites back to a time when they were simple documents without any other features.

What are the advantages of using JavaScript?

Speed. Since JavaScript is an 'interpreted' language, it reduces the time required by other programming languages like Java for compilation. JavaScript is also a client-side script, speeding up the execution of the program as it saves the time required to connect to the server.

banner ad
Experts Logo

articles

U.S. Judge Halts Implementation of Graphic Cigarette Warnings

Originally Published in The Goldhaber Warnings Report, April 2012

By: Gerald M. Goldhaber, Ph.D.
Tel: 212-379-6661
Email Dr. Goldhaber


View Profile on Experts.com.


Last month, Judge Richard J. Leon of the United States District Court in Washington, D.C. permanently blocked the FDA reqillrement that was to go into effect later this year that would have forced the tobacco industry to put extremely graphic warnings on the top half of the front and back of a pack of cigarettes. The warnings (see the August and November, 2011 issues of this newsletter) would have included pictures of a sewn-up corpse (See Figure 1), diseased lungs (Figure 2) and a smoker exhaling smoke through a tracheotomy-hole in his throat (Figure 3).

Don't Supersize Me

Judge Leon stated in his ruling, which was very similar to his arguments from his temporary injunction issued last November, "The government's interest in advocating a message cannot and does not outweigh plaintiff's First Amendment right to not be the government's messenger." The Judge believes that the tobacco industry would prevail in a lawsuit, thus justifying his ruling last month. He continued, "The graphic images were neither designed to protect the consumer from confusion or deception, nor to increase consumer awareness of smoking risks; rather, they were crafted to evoke a strong emotional response calculated to provoke the viewer to quit or never start smoking. While the line between the constitutionally permissible dissemination of factual information and the impermissible expropriation of a company's advertising space for government advocacy can be frustratingly blurry, here the line seems quite clear." The Judge also very helpfully provided the government with some tips to curb tobacco use, such as increasing anti-smoking advertising, raising tobacco taxes, reducing the size and changing the content of the labels, etc. The FDA and the Justice Department declined to comment on the Judge's ruling, however, a lawyer representing Lorillard, Floyd Abrams, said he was pleased with the ruling, "the government is free to speak for itself, but it may not, except in the rarest circumstance, require others to mouth its position." Mathew L. Myers, a lawyer and President of the Campaign for Tobacco-Free Kids, an advocacy group, voiced his displeasure with Judge Leon's ruling, "It represents an inaccurate statement of the facts, is wrong on the science of the health impact of tobacco and uses the wrong legal standards. Other than that, he got it perfect." The Justice Department has appealed Judge Leon's preliminary injunction and oral arguments are set for this month in the United States Court of Appeals for the District of Columbia. Win or lose these appeals, the industry will probably continue to fight this FDA requirement until the U.S. Supreme Court hears the case. As I have disclosed before, I have testified on behalf of the tobacco industry in the 1980's and 1990's.

Feel free to pass this issue of the Goldhaber Warnings Report on to any friend or colleague.


Dr. Gerald M. Goldhaber, the President of Goldhaber Research Associates, LLC, is a nationally recognized expert in the fields of Political Polling and Warning Label Research. His clients include Fortune 500 companies, as well as educational and governmental organizations. He has conducted hundreds of surveys, including political polls for candidates running for U.S Congress, Senate, and President. Dr. Goldhaber also served as a consultant to President Reagan's Private Sector Survey for Cost Control.

©Copyright - All Rights Reserved

DO NOT REPRODUCE WITHOUT WRITTEN PERMISSION BY AUTHOR.

Related articles

Goldhaber-Research-Associates-Logo.jpg

11/19/2013· Warnings & Labels

Warning: Are Natural Foods Natural?

By: Dr. Gerald M. Goldhaber

Last month, two California mothers sued General Mills claiming that they falsely advertised and deceptively marketed its Nature Valley products as "natura1" when they contain highly processed ingredients such as high fructose com syrup, and high maltose corn syrup and maltodextrin, a thickener that also adds sweetness to food. The lawsuit was filed in the United States District Court for the Northern Division of California and charges General Mills with false advertising and anticompetitiveness under California law.

Goldhaber-Research-Associates-Logo.jpg

9/27/2013· Warnings & Labels

Do Football Helmet Warnings Prevent Injury?

By: Dr. Gerald M. Goldhaber

Anyone who bas seen a football helmet in recent days may be swprised at the bluntness of the warnings advising players that the very product they are wearing to prevent injury may not do that at all. For example, the warning that appears inside helmets manufactured by both Schutt Sports and Rawlings contain Oris conclusion:

Goldhaber-Research-Associates-Logo.jpg

4/29/2013· Warnings & Labels

Warning: Mayor Bloomberg's Food Policies For New York City May Be Beneficial To Your Health

By: Gerald M. Goldhaber, PhD

Mayor Michael Bloomberg of New York City this month has proposed a ban on restaurants, theatres and food carts regulated by the City selling soft drinks in excess of 16 ounces.

;
Experts.com-No broker Movie Ad

Follow us

linkedin logo youtube logo rss feed logo