Dayton Business Journal...
Senators urge appeal of cigarette warning label ruling
by Laura Englehart
Wednesday, November 9, 2011 

Following a U.S. District Court ruling Monday that blocked the Food and Drug Administration from requiring graphic warning labels on cigarette packages, cartons and advertisements, Sen. Sherrod Brown, D-Ohio, and others petitioned for an immediate appeal. 

Brown, along with Democratic senators from Connecticut, Illinois, Iowa, New Jersey and Oregon, sent a letter yesterday to the U.S. Department of Justice and the FDA to request that they appeal the decision that prevents the government from forcing tobacco companies to implement the new warning labels until the courts can review the mandate. 

In Ohio, 20.1 percent of the adult population — or more than 1.76 million people — were cigarette smokers as of 2010. That’s higher than the national median of 18.4 percent, according to the Centers for Disease Control and Prevention. 

“Big Tobacco will stop at nothing to replace the thousands of customers they lose each year to lung disease. That’s why we need to employ all tools available to inform Americans of the consequences of tobacco addiction,” Brown said. 

The new warnings, unveiled by the FDA in June, were meant to increase health-risk awareness and urge smokers to quit with graphic images, including a smoker exhaling through a tracheotomy hole. The labels were expected no later than September 2012. 

“FDA’s new warning labels recognize the dangers of cigarettes and will help consumers to make informed choices about their health. The court’s ruling jeopardizes efforts to use strong warning labels to protect public health,” Brown said. 

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