Jump to full article: Winston-Salem (NC) Journal, 2009-11-06
Author: Richard Craver * Journal Reporter
Intro: R.J. Reynolds Tobacco Co.'s bid to carve out a "free speech" marketing niche for innovative products received a setback yesterday.
A U.S. District Court judge denied a motion for a preliminary injunction by Reynolds regarding the Family Smoking Prevention and Tobacco Control Act, which became law in June.
Judge Joseph McKinley ruled that "the plaintiffs have little likelihood of success" in challenging the modified-risk tobacco-products provision of the law.
A lawsuit was filed Aug. 31 in the Western District of Kentucky against the federal government and the Food and Drug Administration by Reynolds; Conwood Co. LLC, a sister company with Reynolds American Inc.; Lorillard Inc.; Commonwealth Brands Inc.; and two other parties.
The companies said they are trying to "protect their First Amendment right to communicate with adult tobacco consumers about their products." . . .
However, Adam Spielman, an analyst with Citigroup Global Markets Inc., said he believes that regulation will not undercut Reynolds' smokeless innovations. "The rules on new products do not require sign-off from the FDA if the product is substantially equivalent health-wise to existing products," he said.
The decision comes at a time when the National Cancer Institute has provided grants for a new series of medical studies on smokeless-tobacco products, some focused on whether the products provide a less harmful alternative to conventional tobacco products.
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