On August 18, 2026, the Fifth Circuit affirmed a district court decision preliminarily enjoining FDA’s graphic cigarette warning labels under the Administrative Procedure Act. As WLF’s brief explains, FDA’s labels violate the law. Congress provided specific text for nine warning labels, FDA’s regime would mandate eleven disclaimers—only two of which use Congress’s language. WLF also argued that the injunction could be affirmed as a matter of constitutional avoidance.