Kentucky marketing lawyers alert- Tobacco manufacturers filed a lawsuit against the Federal Drug Administration over violation of First Amendment Rights.
Bowling Green, KY—Several big name tobacco companies filed a lawsuit on Monday, August 31, 2009 against the U.S. Federal Drug Administration (FDA) http://www.fda.gov/ in the federal court in Bowling Green, Kentucky. The lawsuit is seeking to overturn sections of the Family Smoking Prevention and Tobacco Control Act, as reported by the Wall Street Journal.
The plaintiffs, R.J. Reynolds Tobacco Co., Reynolds subsidiary Conwood Co., Lorillard, Commonwealth Brands, Discount Tobacco City & Lottery Inc., and National Tobacco Co., feel the provisions outlined in the Family Smoking Prevention and Tobacco Control Act violate the companies’ First Amendment Rights. The claimants also allege the new law heavily restricts the tobacco companies’ right to advertise their products to adult consumers. According to the lawsuit, the tobacco manufacturers are challenging the requirement to expand the size of warning labels on cigarette packs, which include a picture of a diseased lung caused by smoking. The new warning labels apparently leave tobacco manufacturers with little and obscure room to print their own messages and warnings. Attorneys representing the plaintiff’s claim, state they are not challenging the sections of law that directly affects minors. Instead, they are trying to determine if the new law is preventing tobacco companies from reaching adult consumers, and if the adult consumers are receiving the information the tobacco industry is trying to send them. In addition, tobacco companies can only advertise their corporate name at sponsored events of sports, cultural, and musical, instead of advertising their tobacco brands.
According to Wikipedia http://www.wikipedia.org the Family Smoking Prevention and Tobacco Control Act is a federal law, which was enacted on June 22, 2009 by President Obama. The law gives the FDA the power to regulate the tobacco industry, with the overall goal of discouraging minors and young adults from smoking tobacco.
Legal News Reporter: Nicole Howley-Legal news for Kentucky lawyers specializing in marketing law.