(Image Source: CBS)

BY KERRY LEARY

ANCHOR EMILY SPAIN

A federal judge put out the fire today- ruling that graphic warnings on cigarette packs could violate the First Amendment rights of tobacco companies. Fox Business has more.

ANCHOR: Some of these FDA rules on graphic cigarette warning labels that would have went into effect, you're looking at some of them here.
ANCHOR 2: You want to talk about graphic, that's graphic. But, again, as com pointed out, a judge has blocked the FDA from imposing these graphic warning labels on the cigarette companies.

The ads highlight the consequences of smoking and secondhand smoke- showing children with oxygen masks, rotten teeth and smoker’s lungs.

The FDA released nine new warnings set to go into effect in September of 2012. It would have been the first change in U.S. cigarette warning labels in 25 years. The U.S. District Court for the District of Columbia blocked the requirement from taking effect- until it figures out who is in the right - the tobacco companies or the FDA. The Hill explains.

“Although courts have ruled that the freedom of speech includes freedom not to speak, Congress can require certain speech if the speech is factual and designed to give the public important information. Congress also must prove that such requirements serve a “compelling government interest.”

The judge said the tobacco companies have “a substantial likelihood of success on the merits-” meaning they’ll probably win the case in his opinion. According to the Wall Street Journal, the judge noted that the five tobacco companies involved in the suit demonstrated the negative impact the ads would have on their companies.

“...they will suffer irreparable harm absent injunctive relief. .. neither the Government, nor the public, will suffer any comparable injury as a result of the relief sought ... the public’s interest in the protection of its First Amendment rights against unconstitutionally compelled speech will be, in fact, furthered.”

The Judge also said this block could protect First Amendment rights for food and alcohol companies that may have similar advertisements pushed upon them in the future. A writer for Hot Air says - this isn’t the government’s place to rule anyway.

“...unless the government wants to make [cigarettes]  illegal, they do not have the authority to seize the property of the manufacturer to conduct advocacy … And in what has become an obvious and overwhelming hypocrisy, the government has no intention of outlawing cigarettes, because they make too much money off of cigarette sales.”

However, the Washington Post reports that the FDA anticipated a positive outcome from the advertisements- that had to do with more than just money.

“The FDA predicted that the images, which were deliberately designed to disgust and unnerve all ages, would reduce the number of smokers by 213,000 by 2013 and save $221 million to $630 million every year over the next 20 years.”

FDA regulations require textual warnings and images to be displayed on the top half of the front and back panels of every package of cigarettes manufactured and distributed in the United States.

Transcript by Newsy.