On November 25, 2024, the Supreme Court declined to review a Fifth Circuit decision upholding an FDA requirement that tobacco manufacturers and retailers prominently display misleading graphic warnings on cigarette packages and advertisements. The decision was a setback for WLF, which filed an amicus brief urging review of the Fifth Circuit’s ruling. WLF’s brief emphasized that the First Amendment fully protects the right both to speak and not to speak. WLF also explained why the graphic warnings at issue here do not qualify as ordinary disclosures akin to those that the Supreme Court has upheld. Rather, they are the very sort of controversial, ideological messages that have nothing to do with preventing consumers from being misled.
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