On July 17, 2023, WLF asked the Fifth Circuit to affirm a decision declaring unconstitutional an FDA requirement that tobacco manufacturers and retailers prominently display a series of graphic warning labels on cigarette packages and advertisements. In its amicus brief urging affirmance of the trial court’s ruling, WLF emphasized that the First Amendment fully protects the right both to speak and not to speak. WLF ‘s brief 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.


WLF’s amicus brief