ND1201112

Title: Obama Administration to Appeal Cigarette Label Ruling

Description: The FDA plans to appeal a U.S. judge?s ruling and injunction that blocked tobacco companies from having to include graphic images on cigarette packs.

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WASHINGTON ? The Food and Drug Administration (FDA) filed a notice earlier this week that it intends to appeal a U.S. judge?s ruling and injunction that blocked tobacco companies from having to include graphic images on cigarette packs, Reuters reports.

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Earlier this month, U.S. District Judge Richard Leon sided with tobacco companies, citing First Amendment protections in issuing the injunction.

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In June, the FDA released nine new warnings that would go into effect in September 2012, part of 2009 legislation that authorized the agency to regulate tobacco products.

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The warnings were required to cover the top half of both sides of cigarette packs and 20 percent of advertisements, containing graphic images depicting the health consequences of smoking.

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Reynolds American Inc's R.J. Reynolds unit, Lorillard Inc, Liggett Group LLC and Commonwealth Brands Inc, owned by Britain's Imperial Tobacco Group Plc, sued the FDA in August to block the new advisories. Leon said the images were not narrowly tailored and provoked an emotional response rather than providing just factual information.

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The injunction will delay enforcement for 15 months after the court issues a final ruling in the case. Leon has not yet ruled on the manufacturers? motion for summary judgment.

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The FDA appealed Leon?s ruling to the U.S. Court of Appeals for the District of Columbia Circuit, and Reuters speculated the case could ultimately end up before the U.S. Supreme Court.

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The case is R.J Reynolds Tobacco Co et al v. U.S. Food and Drug Administration et al, U.S. District Court for the District of Columbia, No. 11-cv-1482.

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Content Subject: Marketing/Merchandising

Formatted Article Date: December 1, 2011

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