The FDA said Friday that the public interest in conveying the dangers of smoking outweighs the companies' rights of free speech, reports the Associated Press.
The US Food and Drug Administration (FDA) responded to a preliminary injunction by leading US tobacco manufacturers to stop graphic health warnings.
"The public interest strongly militates against delaying health warnings that more effectively convey the extraordinary, undisputed health risks created by the use of plaintiffs' products," the FDA said in its filing. "(W)hen used as intended by the manufacturers, tobacco products are deadly."
The FDA also said the financial costs to the companies of switching to incorporate the new graphics equals about one-tenth of their annual net sales, which the FDA said is not sufficient to justify the injunction.
The agency says it drew on the advice of various experts in health, marketing, graphic design and advertising to create the labels, which the FDA said are similar to those used in other countries, including Canada.
Lorillard, R.J. Reynolds Tobacco, Commonwealth Brands, Santa Fe Natural Tobacco and Liggett Group in August asked the U.S. District Court in Washington, D.C. for an injunction to delay the implementation of graphic health warnings that the companies are to print on the entire top half of cigarette packs, front and back. The companies argue the labels are an unconstitutional way of forcing tobacco firms to spread the government's anti-smoking message.
The companies have until next Friday to respond. A hearing on the injunction is set 21 September, with a decision to come as early as October. (pi)