Dec. 8, 2022 – The FDA declined to comment. Lawyers for the companies – which include R.J. Reynolds Tobacco Co, ITG Brands LLC and Liggett Group LLC – did not immediately respond to requests for comment.

The disputed rule, which the FDA finalized in March 2020, would require the use of 11 graphic images, such as images of diseased feet with amputated toes that show possible consequences of cigarette smoking. The warnings must occupy the top 50% of the front and back of cigarette packages and the top 20% of ads. The tobacco companies sued in April 2020 to block the rule as unconstitutional compelled speech, saying it required them to promote an anti-smoking message. Barker agreed, granting them summary judgment.