Bloomberg Businessweek reports that Philip Morris USA and RJ Reynolds Tobacco Co. are suing New York City for displaying graphic point-of-sale health warnings about smoking. Citing violations of their First Amendment rights and preemption by federally mandated warning labels, Philip Morris and RJR are calling for an end to the graphic campaign, which features such images of cancerous lungs and decayed teeth.
ACSH's Dr. Elizabeth Whelan, however, is not convinced that these graphic ads actually motivate people to give up cigarettes. "I read a study published some years ago suggesting that higher anxiety over graphic images eventually disappears. It would be great if there were some proof that the ads actually impact whether people start or quit smoking.”
"Whether the ads are effective or not is not the issue at hand," says ACSH's Jeff Stier, who was trained as a lawyer. "It is an issue of whether NYC has the legal right to post such ads, given the fact that the federal government already has a scheme in place for tobacco warnings, and warnings like these may not be permitted by cities or states."
