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RJ Reynolds And Others Suing Over New Tobacco Law

Posted by Chrissie Cole
Tuesday, September 01, 2009 12:41 PM EST
Category: Major Medical
Tags: FDA and Prescription Drugs, Protecting Your Family, Smoking, Cigarettes, Defective and Dangerous Products, Big Tobacco


IMAGE SOURCE: © RJ Reynolds Website

R.J. Reynolds, the maker of Camel and Winston cigarettes, along with other tobacco makers have filed suit against federal authorities on Monday claiming their right to free speech has been violated by a new tobacco law.

The suit, filed against the FDA in a federal district court in Bowling Green, Ky., the home of one of the plaintiffs, Commonwealth Brands Inc., seeks to overturn portions of the Family Smoking Prevention and Tobacco Control Act, which took effect in June.

The FDA doesn’t comment on pending lawsuits, an FDA spokeswoman said.

While the suit doesn’t challenge the decision to give the agency authority over tobacco products, it claims provisions of the law “restrict the few remaining channels we have to communicate with adult tobacco consumers and, in our opinion, cannot be justified on any basis consistent with the demands of the First Amendment,” Martin L. Holton III, senior vice president and general counsel for Reynolds, said in a statement.

According to the 46-page complaint, the companies are barred from using “color lettering, logos, trademarks or other imagery in most advertisements, including virtually all point-of-sale and direct-mail advertisements.

The law also bans tobacco companies from “making truthful statements about their products in scientific, public policy and political debates.”

Under the Family Smoking Prevention and Tobacco Control Act, the FDA is unable to outright ban nicotine or tobacco products, but has the authority to reduce nicotine in tobacco products, ban candy flavorings, block labels such as “light” and “low tar,” and prohibit certain marketing campaigns, particularly aimed at children.

Altria Group Inc., parent company of Philip Morris USA, is absent from the lawsuit.

According to estimates by Campaign for Tobacco Free Kids, 243,412 kids have become regular smokers in 2009. Of which 81,558 will die prematurely from their addiction. #


Anonymous User
Posted by rafael
Tuesday, September 01, 2009 9:46 PM EST

i dont smoke but please remember we live in the u.s.a allow us to make that chose to smoke or not to smoke.

Anonymous User
Posted by Don
Thursday, September 17, 2009 4:15 PM EST

I started smoking when I was around 7 because it seemed "cool" especially with Joe Camel's portrayal of its effect on people.
Before I had a real chance to understand precisely what addiction was I became an addict.
Now this much later in my life after investing ALOT of money into smoking and being in a situation that I cannot even afford cigarettes I am miserable and I wish I had back the money I have spent in the last couple of months on them.
2 packs a day at $4.00 a pack that's $240.00

Anonymous User
Posted by Peggy
Sunday, October 04, 2009 10:14 AM EST

I'm so glad that as soon as this law passed, I switched from my Phillip Morris brand of over a decade to an RJ Reynolds product. I was amazed that it really passed with so many personal and corporate right-infringement inclusions. I wish RJ Reynolds luck in this endeavor to regain this one aspect of American freedom amidst so many others that this law took away from us regarding this issue.

Comments for this article are closed.

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