Navigation Links
Eleven Health & Consumer Groups Urge Federal Court to Reject Tobacco Companies' Lawsuit Against FDA Tobacco Regulation Law
Date:9/30/2009

WASHINGTON, Sept. 30 /PRNewswire-USNewswire/ -- Today, eleven public health and consumer advocacy organizations filed a friend of the court (amicus) brief asking a federal court to reject a lawsuit by R.J. Reynolds, Lorillard and other tobacco companies that seeks to block key provisions of the new federal law regulating tobacco products. The immediate issue before the court is the industry's challenge of a provision that requires FDA approval before tobacco companies can make claims about "modified risk tobacco products."

(Logo: http://www.newscom.com/cgi-bin/prnh/20080918/CFTFKLOGO)

The tobacco companies have also challenged other marketing restrictions in the Family Smoking Prevention and Tobacco Control Act, which authorizes the U.S. Food and Drug Administration (FDA) to regulate the manufacturing, marketing and sale of tobacco products.

The friend of the court brief argues that the modified risk provision of the law is narrowly tailored to satisfy First Amendment constitutional requirements and prior court rulings and is designed to end decades of false health claims that have misled millions of smokers. The brief also argues that the new law's requirements are consistent with FDA's long history of pre-approval of drug, food, and device labeling and promotion as a check against unproven and misleading health claims.

The public health groups contend that legal arguments in this case cannot be considered in isolation from the tobacco industry's long history of making deceptive health claims, especially about "light" and "low-tar" cigarettes, and the devastating consequences for public health. As the brief states, "The tobacco industry has long made unsubstantiated claims that certain tobacco products were less harmful than others. Not only were the claims proved false, but the industry long knew they were false. These unsubstantiated claims misled millions of tobacco users and were responsible for millions of preventable diseases and premature deaths."

"Based on the industry's history of misrepresentations ... Congress expressly found that the only way to effectively protect the public from the dangers of unsubstantiated reduced-risk claims is to create a system of pre-market review, to ensure that the evidence to support such claims is verifiable. On this motion for a preliminary injunction, the Tobacco Companies' First Amendment challenge fails on the basis of this lengthy history of industry deceit and the tragic public health consequences that resulted from the industry's purposely misleading marketing," the brief argues.

The brief was filed today in the United States District Court for the Western District of Kentucky, where the tobacco companies filed their lawsuit. It was filed on behalf of the Campaign for Tobacco-Free Kids, American Cancer Society, American Cancer Society Cancer Action Network, American Heart Association, American Legacy Foundation, American Lung Association, American Medical Association, American Public Health Association, Kentucky Medical Association, Oncology Nursing Society and Public Citizen.

The groups are represented by Allison M. Zieve and Gregory A. Beck of Public Citizen, Washington D.C., and Jennifer A. Moore of Grossman and Moore, Louisville, Kentucky.

The brief can be found at: http://www.tobaccofreekids.org/pressoffice/fda_amicus_092009.pdf.

SOURCE Campaign for Tobacco-Free Kids


'/>"/>
SOURCE Campaign for Tobacco-Free Kids
Copyright©2009 PR Newswire.
All rights reserved

Related medicine news :

1. Derma Sciences To Present at Rodman & Renshaws Eleventh Annual Healthcare Conference
2. Eleven Veterinary Students Win Top Awards at Morris Animal Foundations Annual Research Competition
3. GetWellNetwork Continues Growth with Eleven New Hospital Launches and Contract Signings
4. Eleventh Annual Welcome Back Awards Program Honors Individuals who Positively Impact the Depression Community
5. Carestream Health Wins Orders for Eleven DR Systems In Scotland
6. The Foundry Announces New Partners and Completion of Series A Financing for Eleventh Company
7. Mobile Massage Team Announces Eleven New Therapist Members in the Northeast U.S. Region
8. Abaxis, Inc. to Present at Needham & Companys Eleventh Annual Growth Stock Conference
9. The 2009 Leibniz Prize: Eleven new scientific discoverers
10. Top Insurance Expert Calls on 144,000 Holders of Long-Term Care Polices to Protest an Eleventh Hour Conseco Trust
11. National Jewish Named the #1 Respiratory Hospital for the Eleventh Year in a Row
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:10/13/2017)... ... October 13, 2017 , ... Ellevate Network, the leading network for professional women, ... towards gender equality at their inaugural Summit in New York City in June. The ... social audience of over 3 million. To watch the Mobilize Women video, click ...
(Date:10/13/2017)... ... October 13, 2017 , ... “The Journey: From the Mountains to the Mission ... lost souls in the Philippines. “The Journey: From the Mountains to the Mission Field” ... the Bible. She has taught all ages and currently teaches a class of ladies ...
(Date:10/12/2017)... ... October 12, 2017 , ... The company has ... today’s consumer and regulatory authorities worldwide. From Children’s to Adults 50+, every formula ... the highest standard. , These products are also: Gluten Free, Non-GMO, Vegan, ...
(Date:10/12/2017)... ... October 12, 2017 , ... Dr. ... recently contributed a medical article to the newly revamped Cosmetic Town journal ... spotlights the hair transplant procedure known as Follicular Unit Extraction (FUE). ...
(Date:10/12/2017)... ... October 12, 2017 , ... ... nation's first interactive health literacy software tool, and the Cancer Patient Education Network ... cancer patient education, today announce a new strategic alliance. , As CPEN’s ...
Breaking Medicine News(10 mins):
(Date:10/4/2017)... SEOUL, South Korea , Oct. 4, 2017 /PRNewswire/ ... launched its next-generation CPR training aide "cprCUBE" on Kickstarter. ... of chest compression during cardiac arrests with better efficiency ... patient-mannequins. It also offers real-time feedback on efficacy of ... The crowdfunding campaign has a goal to raise ...
(Date:10/4/2017)... Mass. , Oct. 4, 2017 ... of single-use, self-contained, illuminating medical devices, today announced ... National Health Surveillance Agency (or Agência Nacional de ... The first single-use, cordless surgical retractor with integrated ... provides optimal access, illumination and exposure of a ...
(Date:10/2/2017)... , Oct. 2, 2017  Eli Lilly and Company ... results for the third quarter of 2017 on Tuesday, ... call on that day with the investment community and ... The conference call will begin at 9 a.m. ... access a live webcast of the conference call through ...
Breaking Medicine Technology: