Federal Judge Blocks FDA Cigarette Warning Label Requirement

Texas Ruling Delays New Graphic Warnings on Cigarette Packaging and Ads

A federal judge in Texas has temporarily blocked the U.S. Food and Drug Administration (FDA) from enforcing its upcoming requirement for graphic health warnings on cigarette packaging and advertisements. This decision marks a significant win for tobacco companies like R.J. Reynolds, which argued that the FDA had exceeded its legal authority.

FDA’s Authority Questioned

U.S. District Judge J. Campbell Barker, ruling in Tyler, Texas, sided with tobacco companies, stating that the FDA had overstepped its bounds by requiring 11 specific graphic warnings, while the 2009 Tobacco Control Act only mandated 9. The judge noted that even though the FDA had the power to adjust the warnings’ format, it could not add extra warnings beyond what Congress had specified.

The Controversial Warnings

The 11 graphic warnings included images illustrating the health risks of smoking, such as bladder, head and neck cancers, fatal lung disease, stunted fetal growth, cataracts, and type 2 diabetes. The FDA had argued that the law granted it the flexibility to modify the content of the warnings, but Judge Barker disagreed.

Delaying Enforcement

The ruling delays the FDA’s requirement, which was set to take effect in February 2026, pending further litigation. This decision continues a legal battle that began in 2020 when R.J. Reynolds, along with other tobacco companies, sued the FDA over the expanded warning requirements.

A Long-Running Legal Dispute

This is the second time Judge Barker has blocked the FDA’s warning label rule. In 2022, he ruled that the warning requirement violated tobacco companies’ First Amendment rights. Although the 5th U.S. Circuit Court of Appeals reversed that decision, the companies had additional legal arguments, which Barker has now addressed in his latest ruling.