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Eugene

(61,924 posts)
Mon Mar 5, 2012, 10:29 PM Mar 2012

Obama admin appeals ruling on tobacco health label

Source: Reuters

Obama admin appeals ruling on tobacco health label

WASHINGTON | Mon Mar 5, 2012 5:44pm EST

(Reuters) - The Obama administration on Monday appealed a decision that found unconstitutional a U.S. Food and Drug Administration regulation requiring tobacco companies to put large, graphic health warnings on cigarette packages and advertising.

U.S. District Judge Richard Leon last week ruled that requiring tobacco companies to use the graphic labels, which included images of rotting teeth and diseased lungs, was a violation of their free-speech rights under the Constitution.

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Read more: http://www.reuters.com/article/2012/03/05/us-usa-tobacco-labels-idUSTRE8241RB20120305

49 replies = new reply since forum marked as read
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Obama admin appeals ruling on tobacco health label (Original Post) Eugene Mar 2012 OP
Should they have photos of people who die of obesity Bonobo Mar 2012 #1
I read recently that sitting all day is as deadly as smoking DirkGently Mar 2012 #3
People can eat in moderation but smoking any amount hurts you. uppityperson Mar 2012 #5
True and everyone knows it. nt Bonobo Mar 2012 #6
But most smokers don't die of a horrendous smoking related disease. DirkGently Mar 2012 #7
Smoking raises the odds that you will die in misery from a smoking-related disease. JDPriestly Mar 2012 #36
There is no place where one is not reminded already quaker bill Mar 2012 #41
I've been smoking for 60 years. Am I going to die young? Actually virgogal Mar 2012 #20
I didn't say "die young", I said hurt you. nt uppityperson Mar 2012 #22
They haven't hurt me either. Maybe because I watch what I eat,don't drink or virgogal Mar 2012 #27
Lung function is impacted. The rest helps, but smoking impacts lung function. uppityperson Mar 2012 #29
God,if I thought I was going to be around to age 126 I'd put a bullet in my head. virgogal Mar 2012 #31
At your age, you can be pretty sure you won't die young. JDPriestly Mar 2012 #37
You know, you make a good point Orrex Mar 2012 #24
Thanks for the giggle. SunSeeker Mar 2012 #25
Maybe it's just that some (or most) people aren't so absolutist. nomorenomore08 Mar 2012 #30
No defensive bitterness here--I'm too old for that crap. Just stating a fact. virgogal Mar 2012 #28
LOL bitchkitty Mar 2012 #48
Yes. joshcryer Mar 2012 #8
Um, no, a mirror serves that purpose for most Americans. nt SunSeeker Mar 2012 #26
Might be a good idea. JDPriestly Mar 2012 #35
Eh. Unconcerned about tobacco companies' "rights," but the DirkGently Mar 2012 #2
Can anyone claim that the dangers of smoking have not been made clear enough? Bonobo Mar 2012 #4
I thought the basic, "Hey, this stuff, used normally, can kill you" DirkGently Mar 2012 #9
"Self-righteous malice" is a great way to put it. nomorenomore08 Mar 2012 #34
Estimating the impact of different cigarette package warning label policies: The auction method joshcryer Mar 2012 #10
Not good enough. DirkGently Mar 2012 #11
It works in EU. joshcryer Mar 2012 #12
I think I'm philosophically opposed to the tactic. DirkGently Mar 2012 #13
Well, it certainly works, the question is whether or not we want this imagry... joshcryer Mar 2012 #15
It would reduce obesity, also, if we put photos of dead people Bonobo Mar 2012 #14
I think all products could do with more effective labeling. joshcryer Mar 2012 #16
Information informs. Gross pictures propagandize. DirkGently Mar 2012 #43
Pictures of scurvy-rotten gums... rayofreason Mar 2012 #17
This Is A Tough Issue DallasNE Mar 2012 #18
A pack of brand name cigs in MA costs $8.50------NY is worse. $5.00 would be wonderful. virgogal Mar 2012 #21
Smokers know what the product does - photos won't stop them LynneSin Mar 2012 #19
My $.02.... BobTheSubgenius Mar 2012 #23
Doesn't matter, smokers will line up around the block to get them. Devil_Fish Mar 2012 #32
Young ones might be influenced NOT to start smoking by viewing realistic photos.. Tikki Mar 2012 #33
They might. But if that's the object Mariana Mar 2012 #42
Many High Schools do. Tikki Mar 2012 #44
Smoking Is Part Of Teen Rebellion DallasNE Mar 2012 #46
Here's the data from the CDC.... Tikki Mar 2012 #47
I really don't think the graphic labels are necessary davidthegnome Mar 2012 #38
This is all the work of the cigarette case lobby. Tunkamerica Mar 2012 #39
Am I the only non-smoker here who thinks these labels are dumb and obnoxious? nomorenomore08 Mar 2012 #40
Big Tobacco is its own special kind of evil obamanut2012 Mar 2012 #45
I kind of agree with you bitchkitty Mar 2012 #49

DirkGently

(12,151 posts)
3. I read recently that sitting all day is as deadly as smoking
Mon Mar 5, 2012, 10:47 PM
Mar 2012

Are we going to screen-print gruesome images of dead fat people on all the seat cushions?

DirkGently

(12,151 posts)
7. But most smokers don't die of a horrendous smoking related disease.
Mon Mar 5, 2012, 11:01 PM
Mar 2012

As terrible, awful, and ill-advised as smoking is, it doesn't cause instant death and disfigurement.

We never talk about the facts anymore, because we're all in agreement about the dangers, and tobacco companies lied about them for so long. But smoking actually doesn't kill most people. It kills many, many people, and hurts many more, but that's not exactly the same thing.

But the bigger point is that you just don't get to scream at people because you find their behavior incomprehensibly foolish. If you could, we'd have big, disgusting full-color photographs on a lot of things.

JDPriestly

(57,936 posts)
36. Smoking raises the odds that you will die in misery from a smoking-related disease.
Tue Mar 6, 2012, 02:40 AM
Mar 2012

Having notices and warning pictures on the packages of cigarettes reminds smokers to either quit or smoke less. I think they are a good idea.

People still have the choice to smoke or not smoke as they wish. They are just reminded that they are incurring a risk when they smoke.

I am over 65. Most my friends who smoked a lot are no longer living. That's anecdotal, but it sure works for me.

 

virgogal

(10,178 posts)
20. I've been smoking for 60 years. Am I going to die young? Actually
Tue Mar 6, 2012, 12:18 AM
Mar 2012

I was looking forward to buying an attractive cigarette case so I don't care what they do.

 

virgogal

(10,178 posts)
27. They haven't hurt me either. Maybe because I watch what I eat,don't drink or
Tue Mar 6, 2012, 12:51 AM
Mar 2012

use drugs,and exercise regularly.

uppityperson

(115,677 posts)
29. Lung function is impacted. The rest helps, but smoking impacts lung function.
Tue Mar 6, 2012, 01:15 AM
Mar 2012

It is that simple. Just think of how great you'd be doing if you didn't smoke. Might live to be 126, healthy and happy.

JDPriestly

(57,936 posts)
37. At your age, you can be pretty sure you won't die young.
Tue Mar 6, 2012, 02:41 AM
Mar 2012

But you can't be sure that you won't die in horrible misery.

Orrex

(63,219 posts)
24. You know, you make a good point
Tue Mar 6, 2012, 12:27 AM
Mar 2012

Cigarettes are good for you, and they lead to a long and fragrant life utterly devoid of defensive bitterness.

SunSeeker

(51,607 posts)
25. Thanks for the giggle.
Tue Mar 6, 2012, 12:40 AM
Mar 2012

I needed it. I was getting depressed with all the folks on here defending cigs. I guess it's the addiction talking.

nomorenomore08

(13,324 posts)
30. Maybe it's just that some (or most) people aren't so absolutist.
Tue Mar 6, 2012, 01:19 AM
Mar 2012

I'm not even a smoker myself, and I still don't see smoking as any great evil.

DirkGently

(12,151 posts)
2. Eh. Unconcerned about tobacco companies' "rights," but the
Mon Mar 5, 2012, 10:44 PM
Mar 2012

"smoking is bad for you" nail has been driven firmly into the ground. Then stamped on. Then jumped up and down on. And hit again.

It's great we all agree on something, but this "gruesome label" thing is frankly a little crazy, and seems more like screaming at smokers than educating them. A bit too self-righteous and ugly.

Bonobo

(29,257 posts)
4. Can anyone claim that the dangers of smoking have not been made clear enough?
Mon Mar 5, 2012, 10:54 PM
Mar 2012

The problem is not education.

The problem is that cigarettes are addictive AND they kill.

The only legal position vis a vis cigarettes that would make any sense to me would be to make them illegal or leave them the fuck alone.

BTW, make cannabis legal already. I don't think the govt. should have the right to tell me what kinds of seeds are legal to put in the fucking ground. They are SEEDS.

DirkGently

(12,151 posts)
9. I thought the basic, "Hey, this stuff, used normally, can kill you"
Mon Mar 5, 2012, 11:13 PM
Mar 2012

warnings kind of covered the bases. The gruesome label movement just seems like self-righteous malice.

And, yeah, cultivation of any (naturally occurring) plant being per se illegal is absurd.

nomorenomore08

(13,324 posts)
34. "Self-righteous malice" is a great way to put it.
Tue Mar 6, 2012, 01:53 AM
Mar 2012

Being concerned about public health is all well and good, but even as a non-smoker I find the find the portrayal of tobacco as a near-demonic societal evil a bit overblown.

joshcryer

(62,276 posts)
10. Estimating the impact of different cigarette package warning label policies: The auction method
Mon Mar 5, 2012, 11:15 PM
Mar 2012
http://www.susqu.edu/facstaff/r/rousu/research/est_impact_cig_warning_auction.pdf

The results from this study indicate that adult smokers in Mexico appear to attribute a lower value to cigarette packs with warning labels that contain graphic images relative to packs with warnings that contain only text. Moreover, this lower perceived value was relatively consistent across groups defined by sociodemographics, amount of daily smoking, number of quit attempts, and levels of perceived smoking risks. The pack with a graphic image had a mean attributed value which was $3.21 pesos lower than the normal pack with the text warning, representing a 17% reduction in perceived value. This lower value is theoretically equivalent to the reduced demand associated with introducing this graphic warning label, which would translate into a fairly profound reduction in tobacco consumption. Nevertheless, extrapolation from this study to broad-scale population impact may not be merited, particularly since smokers appear to habituate to warning labels (USDHHS, 1989), even though the habituation effect appears to take longer for graphic warnings (Hammond et al., 2007). The initial shock of this “new” product characteristic may nevertheless influence smokers before they become desensitized.

joshcryer

(62,276 posts)
12. It works in EU.
Mon Mar 5, 2012, 11:18 PM
Mar 2012

FYI I'm not advocating this, I'm just providing the facts, it does work to reduce use.

DirkGently

(12,151 posts)
13. I think I'm philosophically opposed to the tactic.
Mon Mar 5, 2012, 11:26 PM
Mar 2012

We could make the edges of cigarette packs sharp, too. At some point, we're entitled to try to influence people's decisions by rational argument, and then we have to step back and decide whether behavior is so harmful we can outlaw it, or whether people need to decide for themselves.

Shocking them with REQUIRED gruesome imagery somehow goes beyond that. Folks can certainly look into the horrors of cancer and emphysema if they'd like. I don't think we get to hit them in the face with it, even on the theory that it will "help them."

joshcryer

(62,276 posts)
15. Well, it certainly works, the question is whether or not we want this imagry...
Mon Mar 5, 2012, 11:46 PM
Mar 2012

...in our lives and to what limits it should be taken.









We live in a high information, low content society, where all sorts of shit is going on but few of us look into the particulars of a given thing.

So shock value is probably the last way to get a given message out.

I think our communities are broken.

Bonobo

(29,257 posts)
14. It would reduce obesity, also, if we put photos of dead people
Mon Mar 5, 2012, 11:26 PM
Mar 2012

on all products that contain sugar, for example.

But that, of itself, is not a compelling enough argument to force companies that are trying to sell a product to advertise how bad their product is.

The whole thing is absurd from the POV.

If you allow a product to be legal and sold, you cannot also force said companies to anti-advertise. It is contradictory and ridiculous. It is an infringement on the right to conduct business.

Make them illegal or leave them alone.

What about forcing beer companies to put pictures of bloody car wrecks or stabbings on their labels? Just silly.

joshcryer

(62,276 posts)
16. I think all products could do with more effective labeling.
Mon Mar 5, 2012, 11:52 PM
Mar 2012

I think that in part the "nutrition information" labels were a very good thing, for example.

I would like more labels for things like whether or not a product was produced by slave labor or not.

But I agree that if you're going to force some companies to change their labeling then it can apply to all products that are unhealthy.

But I'm not going to say it's not effective, it most certainly is. Imagery is a very effective way to control populations.

DirkGently

(12,151 posts)
43. Information informs. Gross pictures propagandize.
Tue Mar 6, 2012, 09:42 AM
Mar 2012

Not the same. No one's learning anything being forced to publish or view grotesque imagery.

DallasNE

(7,403 posts)
18. This Is A Tough Issue
Tue Mar 6, 2012, 12:00 AM
Mar 2012

I'm not sure I agree with the grounds for this decision but I do think this is a step too far.

The problem with tabacco is the image. Many people smoke because we can't make them not smoke. It's that simple. They don't necessarily enjoy smoking but they do it to show everybody their defiance. A pack of brand name cigarettes costs rougly $5 a pack today. We could add another $1 tax to help offset the costs of smoking but that would stop anybody from smoking. The less income you have the more likely you are to smoke. That is the statistics. If somebody was hungry and out of cigarettes and only had $5 they would buy a pack of cigarettes rather than spend it on food.

So, how do you address that mindset? These grapic labels would have no impact or even a negative impact. What do psychologists have to say on this subject as the ball would seem to be in their court, especially on prevention measures.

BobTheSubgenius

(11,564 posts)
23. My $.02....
Tue Mar 6, 2012, 12:25 AM
Mar 2012

I think that if public money is involved in the treatment of tobacco-related illnesses, the holder of the purse strings gets to make some decisions therein. Of course, this is a stronger argument in Canada, where all health care costs are part of the public purse.

And on a more.....musing level....how many lives have to be saved, or massive suffering avoided before some perceptional discomfort on the part of any or all smokers is outweighed?

Tikki

(14,559 posts)
33. Young ones might be influenced NOT to start smoking by viewing realistic photos..
Tue Mar 6, 2012, 01:42 AM
Mar 2012

of smoking related illness and disease on cigarette
packs day after day, month after month and year after year.

It's OK if young people don't start smoking?


Tikki

Mariana

(14,859 posts)
42. They might. But if that's the object
Tue Mar 6, 2012, 08:51 AM
Mar 2012

wouldn't it be better to post the pictures in every classroom? Lots of kids may rarely ever see a cigarette pack close up, but almost all of them go to school day after day, month after month, and year after year.

Tikki

(14,559 posts)
44. Many High Schools do.
Tue Mar 6, 2012, 11:39 AM
Mar 2012

Young ones do leave the HS classroom and hangout with friends and come in contact
with smokers.
Any reminder is a good reminder.


Tikki

DallasNE

(7,403 posts)
46. Smoking Is Part Of Teen Rebellion
Wed Mar 7, 2012, 02:44 AM
Mar 2012

The more you bad mouth tobacco the more it drives teens to smoke. We need psychologists input, not political input. One thing is unmistakable, what we are doing today is failing miserably as somewhere arount 70% of people between 16 and 25 smoke.

davidthegnome

(2,983 posts)
38. I really don't think the graphic labels are necessary
Tue Mar 6, 2012, 03:29 AM
Mar 2012

We have commercials, posters in schools, in many public areas that already contain such graphic images. If the goal is to scare people into quitting with imagery, it may work for a few, but not for the majority. I really do not think that this is the way to go. Does such a method violate free speech? I'm not sure, but I believe it violates decency.

The labels can always be torn off if people don't want to look at them, but putting them on in the first place I think is overkill. Kids looking at those images may decide not to smoke - the images may also give them nightmares.

Tunkamerica

(4,444 posts)
39. This is all the work of the cigarette case lobby.
Tue Mar 6, 2012, 04:18 AM
Mar 2012

My prediction:

The cellophane will soon be made opaque to cover the pictures until they outlaw that. Loosies will also become more mainstream.

nomorenomore08

(13,324 posts)
40. Am I the only non-smoker here who thinks these labels are dumb and obnoxious?
Tue Mar 6, 2012, 04:26 AM
Mar 2012

I'm certainly no fan of the tobacco industry, but I don't view tobacco companies as a special kind of evil either - other large corporations are just as bad in their own way. Cigarettes are already taxed through the roof - which, being a regressive tax, that disproportionately penalizes low-income folks, I'm not thrilled about.

But never mind all that, because tobacco is EVIL EVIL EVIL and anyone who disagrees with this is EVIL EVIL EVIL too!

obamanut2012

(26,087 posts)
45. Big Tobacco is its own special kind of evil
Tue Mar 6, 2012, 04:12 PM
Mar 2012

Health Insurance and a few other companies come really close, but Big Tobacco is the King of Corporate Evil.

If you honestly think this is hyperbole, you ready should study what they have done, and what they have hidden, for decades upon decades.

Evil.


bitchkitty

(7,349 posts)
49. I kind of agree with you
Thu Mar 8, 2012, 12:29 PM
Mar 2012

except I believe that people who disagree that tobacco is a dangerous evil are STUPID STUPID STUPID!

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