This has been going around for some time. Few months back, tobacco companies won a small victory with this topic and naturally the government had appealed...and lost again.
Bit of a long article...but the gist of it is
In a 2-1 decision, the U.S. Court of Appeals in Washington today ruled that Food and Drug Administration regulations mandating visual-image warnings of smoking’s health risks, along with the telephone number 1-800-QUIT-NOW , are “unabashed attempts to evoke emotion” and “browbeat consumers” to stop buying the companies’ products.
“These inflammatory images and the provocatively named hotline cannot rationally be viewed as pure attempts to convey information to consumers,” U.S. Circuit Judge Janice Rogers Brown wrote in her majority opinion.!