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F.D.A. vs Court


The article represents a resume of the constant debates between the smoking supporters and the group of their opponent - health organizations such as Food and Drugs Administration.

Last year one of the most important news in smoking society was the acceptance of the law in Australia that presupposed the exchange of usual text warning on cigarette packs by gruesome images depicting various cancerous diseases. The goal of such extreme exchange was to push off the potential smokers and to reduce the number of smokers. Australia was the first country that sprang the idea to life.

The F.D.A. decided to follow the Australian example promoting thus the anti-smoking policy in the American society. However the stalemate that arose from 2 different court decisions became that serious obstacle that balked the further process.

According to the decision of federal appeals court in Cincinnati the presence of large images depicting horrible diseases is a right way forward while a federal appeals court in the District of Columbia regarded this step as an attempt to press the society and stated that it is an unconstitutional infringement as there were no evidence that graphic images of this character would lead to the positive results.

The Supreme Court in its turn refused of hearing an appeal by tobacco companies against the decision of Cincinnati court. However the agency has a right to introduce graphic warnings and bans on a few forms of marketing that refer to children, for instance. But as it was stated by Obama's administration this fact would not appeal the D.C. Court's decision.

To spring to life the idea of bright advertisement on cigarette packs it is necessary to change the pictures in such a way that they would be accepted by court. At the moment this task has not been implemented yet and remains one of the goals of F.D.A.