Jump to full article: Reuters, 2009-08-31
Author: Brad Dorfman and Jonathan Stempel
Intro: A group including some top U.S. tobacco companies filed a federal lawsuit on Monday to block provisions of a new tobacco law, arguing it violated their free speech rights under the U.S. constitution.
R.J. Reynolds Tobacco Co, a unit of Reynolds American Inc (RAI.N) that makes Camel and Winston cigarettes, and Lorillard Inc (LO.N), which sells the Newport menthol brand, were among those seeking to void parts of the law.
Altria Group Inc (MO.N), which makes Marlboro cigarettes and is the largest U.S. tobacco company, is not involved in the case after breaking with rivals to support the law. . . .
While not challenging the FDA's authority to regulate tobacco products, tobacco companies say the law goes too far in limiting their commercial speech rights in light of existing bans on television and radio advertisements.
"Even prior to the act, plaintiffs had few avenues of communication for speaking to their adult consumers," the companies said in the lawsuit filed in a federal court in Kentucky. "The act imposes sweeping and unprecedented restrictions that effectively foreclose those avenues of communication that remain." . . .
"The tobacco companies have a very legitimate claim based on the Supreme Court's own rulings," Michael Siegel, professor of community health sciences at Boston University's School of Public Health.
"I question why the crafters of the legislation did not deal with the First Amendment issue appropriately," he added. "A ruling for the companies would negate a good portion of this legislation."
Edward Sweda, chief attorney for the Tobacco Products Liability Project at Northeastern University School of Law in Boston, said the tobacco companies already agreed to some advertising restrictions as part of a landmark legal settlement with U.S. states in 1998.
The companies are asking the court to overturn bans on the warning labels, using color and graphics in labels and advertising, some outdoor advertising and sponsorships of sporting and other events.
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