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:9/21/2017)... ... September 21, 2017 , ... With ProSlideshow Portrait from ... easy to do. Users can select from up to two layers of subject matter ... of a mouse all within Final Cut Pro X. , With ProSlideshow ...
(Date:9/21/2017)... ... September 21, 2017 , ... Promotional Communication:, ... http://www.fdanews.com/products/54818-promotional-communication      , In the competitive world of drug and device marketing and ... compliance with FDA rules. , The FDA has issued two draft guidances that ...
(Date:9/21/2017)... ... 2017 , ... Innovatum will demonstrate capabilities of fully automated ... 2017 in Chicago, IL on October 17-19, 2017. This unique development addresses the ... safety. , Microscan , a global technology leader in barcoding, machine ...
(Date:9/21/2017)... ... , ... FlipBelt, the fitness brand that specializes in problem solving fitness accessories, ... with the launch of their FlipBelt Crops. , The new fitness bottoms feature an ... while at the gym, on the trail, or on-the-go. , “We always thought the ...
(Date:9/20/2017)... ... September 20, 2017 , ... FirstAlign ( http://www.firstalign.com ), ... latest Artificial Intelligence (AI) thinking, announced today the launch of its revamped web ... essential information that offers a more comprehensive understanding of the organization’s business and ...
Breaking Medicine News(10 mins):
(Date:9/9/2017)... 8, 2017 ... Unit coming to Washington DC ... When: Tuesday, September 12 th – Monday, September 18 th .The ... free MRI brain scans to the public.Where:  BTF,s ... at 501 K Street NW, Washington, D.C.What:BTF brings its nationwide initiative, the ...
(Date:9/7/2017)... Texas , Sept. 7, 2017 ... science focused on fulfilling the promise of precision ... further validate the benefits of its molecular profiling ... study utilized comprehensive genomic profiling plus (CGP+) with ... individual patient,s tumor on a molecular level, leading ...
(Date:9/6/2017)... TORONTO , Sept. 6, 2017 /PRNewswire/ ... new knowledge and skills while treating their ... for hands-on experience without involving patients. Simulation ... skills. Clinicians can carry out procedures, refine ... at risk. Integration of new technology, such ...
Breaking Medicine Technology: