Since November 2010 I've been following here and here and here the effort of the Food and Drug Administration to require nine new, graphic warning labels on cigarette packs and advertisements. As I previously summarized, The graphic images include corpses with their chest sewed up, smokers with smoke coming out of a hole in their throat, disgusting-looking lungs that are yellow and diseased from smoking, a close-up of someone with mouth cancer, a suffering baby, and so on. If the purpose of the new warning labels is to convey the message that smoking is dangerous and gnarly, then mission accomplished. With each of the updates I offered above, however, the FDA's chances of success seemed to diminish a bit further. On Wednesday, the FDA campaign may have died out altogether, as U.S. District Judge Richard Leon granted summary judgment in favor of five tobacco companies who objected that the proposed warnings would violate their free speech rights, cost millions of dollars to print and require them to feature anti-smoking advocacy more prominently than their own brands. In his opinion issued Feb. 29, Leon wrote that it was clear to him that, and the government had effectively conceded, "the Government's actual...

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