(Updates with more information from the lawsuit in the sixth paragraph and comments from Lorillard)
Jump to full article: The Wall Street Journal Interactive Edition, 2009-10-08
Author: Jared A. Favole Of DOW JONES NEWSWIRES
Intro: The U.S. Food and Drug Administration on Thursday will tell a federal judge in Kentucky that ordering the agency to delay enforcing new tobacco laws will have "devastating consequences" on public health.
The FDA is facing a challenge to its new tobacco powers, signed into law in June, from tobacco companies including Camel cigarette maker Reynolds American Inc. (RAI) and Commonwealth Brands Inc. The companies say the law imposes unprecedented restrictions on their First Amendment rights and want a federal court in Bowling Green, Ky., to order a preliminary injunction to stop enforcement of certain provisions in the regulations.
A judge for the District Court for the Western District of Kentucky is holding a hearing on the preliminary injunction request and could soon decide whether to grant the injunction. . . .
"It is crucial to the public health that tobacco products not be marketed as reduced-risk products unless they will, in fact, reduce risks," the FDA said in a brief filed with the court.
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