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Headlines Tagged with FDASuit 412 headlines found


Court of Appeals rules cigarette labels violate companies' free-speech right

John Dinan, an associate professor of political science at Wake Forest University, expects the U.S. Supreme Court will agree to address the graphic-warning labels, "especially because the lower federal courts are divided on this question."
Winston-Salem (NC) Journal
added Aug 25, 2012 13:36

Appeals Court Nixes Cigarette Warnings

A federal appeals court threw out the FDA's attempts to slap graphic warning labels -- such as a pair of lungs blackened by smoke -- on cigarette packs in a decision released Friday.
MedPage Today
added Aug 25, 2012 13:26

Mealey's Litigation Bulletin Tobacco: Federal Appeals Court Rules that Graphic Warnings Violate Tobacco Companies' Rights

Unlike in Warner-Lambert Co. v. FTC, 562 F.2d 749 (D.C. Cir. 1977), the panel said, the FDA has not shown that the graphic warnings were designed to correct past false or misleading claims or that, absent disclosure, consumers would likely be deceived by
Lexis Nexis
added Aug 25, 2012 11:39

DC Circuit Affirms District Court: Court of Appeals rules in favor of R.J. Reynolds Tobacco Company and other manufacturers in graphic warnings lawsuit (PDF)

the Court held that the proposed warnings violated the First Amendment because the “FDA has not provided a shred of evidence - much less the substantial evidence required by the APA - showing that the graphic warnings will ‘directly advance’ its interest
Reynolds American (RAI)
added Aug 24, 2012 16:07

US Court of Appeals for DC Circuit deals painful blow to FDA, public health and consumers

this Court’s logic, the small Surgeon General textual warnings might also violate the cigarette companies’ rights to commercial free speech because there is inadequate scientific proof that those labels reduce smoking rates.
Public Health Advocacy Institute (PHAI)
added Aug 24, 2012 15:49

DC Circ. Finds Tobacco Graphic Warnings Unconstitutional ($$)

A three-judge panel ruled in a 2-1 decision that the FDA did not present any data to the court that demonstrated the warnings would reduce smoking rates, the agency's stated goal for the initiative.
added Aug 24, 2012 15:47


The First Amendment requires the government not only to state a substantial interest justifying a regulation on commercial speech, but also to show that its regulation directly advances that goal. FDA failed to present any data—much less the substantial e
US Court of Appeals for the DC Circuit
added Aug 24, 2012 15:08

Federal court smacks down new tobacco labels

The FDA, Judge Brown writes, “offers no evidence showing that such warnings have directly caused a material decrease in smoking rates.”
Washington Post
added Aug 24, 2012 15:05

Sector Snap: Court ruling boosts cigarette makers

Shares of tobacco companies traded higher Friday after a federal appeals court ruled in the industry's favor, blocking the Food and Drug Administration requiring large, graphic health warnings about the risks of smoking on cigarette packages.
AP - Associated Press
added Aug 24, 2012 15:03

Court Ruling Against Cigarette Warnings is Wrong on the Science and Law and Should be Appealed

The Justice Department should quickly appeal today's ruling by the U.S. Court of Appeals for the D.C. Circuit that struck down the large, graphic cigarette warnings required by the landmark 2009 law giving the FDA authority over tobacco products. Today's
Campaign for Tobacco-Free Kids (CTFK)
added Aug 24, 2012 15:02
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