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:5/24/2016)... (PRWEB) , ... May 24, 2016 , ... ... trip to the Dominican Republic on September 21, 2016. Dr. Gerard, who holds ... serves with ChiroMission, a not-for-profit organization promoting health and wellness in Third World ...
(Date:5/24/2016)... Milwaukee, WI (PRWEB) , ... May 24, 2016 ... ... Facility In Milwaukee , Out patient Services To Begin In June , Aloria ... is pleased to announce the opening of Aloria Milwaukee, its first treatment facility ...
(Date:5/24/2016)... (PRWEB) , ... May 24, 2016 , ... "ProText Layouts ... said Christina Austin - CEO of Pixel Film Studios. , ProText Layouts Vol. 3 ... Final Cut Pro X . With ProText Layouts, video editors can create an ...
(Date:5/24/2016)... (PRWEB) , ... May 24, 2016 , ... The old ... causing the problem. A common injury that’s often misunderstood, whiplash should be swiftly diagnosed ... a Harvard-trained, orthopedic spine surgeon at Atlantic Spine Center . , So ...
(Date:5/24/2016)... ... May 24, 2016 , ... Since 1946, the doctors ... care. From the moment a patient arrives at the office, the staff will ... with each and every patient to create a complete dental treatment plan that is ...
Breaking Medicine News(10 mins):
(Date:5/20/2016)... According to the 2016 home healthcare ... for affordable healthcare solutions as since the early 2000s, the ... countries like the US, the healthcare cost rose faster than ... price index inflation rate stood at an average of 2.04% ... 3.62% during the same time period. This can be attributed ...
(Date:5/19/2016)... Boehringer Ingelheim Pharmaceuticals, Inc. (BIPI) announced today that it is ... a chance to meet iconic entertainer Mario Kreutzberger ... past two years has been the face of the company,s ... with type 2 diabetes, which Don Francisco is ... and tips for long-term healthy lifestyle choices. ...
(Date:5/19/2016)... , The data will be presented in ...   The conclusions of the study point to ... with 90% of the m presenting duration ... percent of the patients had clinical benefit.   ... I study of plitidepsin in combination with bortezomib and dexamethasone in patients with ...
Breaking Medicine Technology: