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Tobacco lawsuit to at least delay FDA regulation
Written by David Horn   
Thursday, 18 August 2011 09:41

(GREENSBORO) -- North Carolina based Lorillard, Inc. and R.J. Reynolds Tobacco Co. joined Commonwealth Brands, Inc., and Liggett Group, LLC in a lawsuit against the U.S. Food and Drug Administration.  The companies are challenging a requirement to place graphic images on their cigarette packs.

The tobacco giants claim the warnings are unconstitutional and that it is a way of forcing tobacco manufacturers to disseminate the government's anti-smoking message. Under the FDA's recently announced regulation, cigarette packs and cartons and all cigarette advertising must display new graphic warnings by September 22, 2012.

"The regulations violate the First Amendment," said Floyd Abrams, a partner in the New York law firm of Cahill Gordon & Reindel, who is representing Lorillard. "The notion that the government can require those who manufacture a lawful product to emblazon half of its package with pictures and words admittedly drafted to persuade the public not to purchase that product cannot withstand constitutional scrutiny."

The suit seeks a preliminary injunction to stay the effective date of the regulation and a declaration that the regulation is unconstitutional. This will likely delay the implementation of the law regardless of the outcome of the suit.

 
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