In today's Health Matters, food and drug administration, in an attempt to not have to use the new graphic labels.

The lawsuit says the warnings would force cigarette makers to "engage in anti-smoking advocacy" on the government's behalf.

R.J. Reynolds, Lorillard, Liggett group and commonwealth brands say this violates their free speech rights under the first amendment.

An FDA spokeswoman declined to comment on the case. Citing an agency policy not to discuss pending litigation.

The warnings, part of the family smoking prevention and tobacco control act, are required on all cigarette packs and advertising no later than September 22 of next year.