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FDA to Appeal Graphic Cigarette Warning Ban

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The FDA said in court filing that it is going to challenge an order that temporary halts a rule requiring cigarette manufacturers to put graphic images on packaging. The order, made by Judge Richard Leon, came after cigarette makers argued that the FDA rule violated their free-speech rights.

In June 2009, President Obama signed the Family Smoking Prevention and Tobacco Control Act into law, which empowered the FDA to regulate the manufacture and sale of tobacco products. The FDA issued a requirement that tobacco packaging display graphic images, including a cadaver on an autopsy table, a man with a hole in his throat, and diseased lungs. In August, Commonwealth Brands Inc., Liggett Group LLC., Lorillard, R.J. Reynolds, and Santa Fe Natural Tobacco Co. Inc., filed a lawsuit against the FDA, claiming the rule requiring the images violated the First Amendment of the US Constitution. The companies also said that it would cost nearly $20 million to meet the deadline for packaging changes.

Judge Leon found that the tobacco companies who were challenging the FDA rule would likely prevail on the claims that the “mandatory graphic images unconstitutionally compel speech” and would cause them irreparable harm if not blocked, Businessweek reported. disclaimer: This article: FDA to Appeal Graphic Cigarette Warning Ban was posted on Wednesday, November 30th, 2011 at 6:35 pm at and is filed under Toxic Substances Lawsuits.

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