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BBK/HBI files suit against FDA to protect products sold separately from tobacco
Jump to full article: Convenience Store/Petroleum, 2009-10-15
Intro: BBK Tobacco & Foods, doing business as HBI International, has filed a federal lawsuit seeking to overturn the U.S. Food & Drug Administration's ban on flavored cigarette rolling papers that are sold in separate packages, according to the most recent issue of NATO E-News from the National Association of Tobacco Outlets.
"HBI is only seeking to protect its brands, namely Juicy Jays and Skunk," a company representative told NATO.
In late September, Moorpark, Calif.-based Kretek International Inc., importer and distributor of Djarum clove cigars, filed a request for declaratory judgment against the FDA in federal district court in Washington, D.C. The Kretek filing, the company said, "comes after the FDA signaled its intention to exceed its legislative authority to regulate flavored cigarettes in order to ban other tobacco products as well." (Click here for previous CSP Daily News coverage.)
In its lawsuit, BBK Tobacco & Foods argued that while the new FDA law bans flavored cigarettes and the components parts of a flavored cigarette, such as the tobacco, paper and filter, the law does not mention that the ban extends to flavored cigarette rolling papers packaged separately.
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