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Tobacco Industry Challenges FDA Law

October 1, 2009
Before the ink was dry on the Family Smoking Prevention and Tobacco Control Act granting the U.S. Food and Drug Administration the authority to regulate tobacco products and the marketing of those products, the industry filed a lawsuit challenging several provisions.

Lorillard, RJ Reynolds and others sued on August 31 to invalidate key provisions of the law, claiming its marketing restrictions are a violation of their right to free speech under the First Amendment.ξ The companies have asked a federal judge in Kentucky to invalidate certain provisions, and suspend others.ξ ACS and ACS CAN and other health partners filed a "friend of the court" brief supporting the constitutionality of the law.ξ Our memorandum recounts the history of the industry's deception against the American public in marketing "light" cigarettes, helping the court to understand why the restrictions are necessary to counteract decades of false health claims by manufacturers.ξ Click here to read our brief.