Federal Judge Rejects Tobacco Companies' Effort to Block Key Provisions of New Tobacco Regu...( Statement of Campaign for Tobacco-Fr...),Health

Statement of Campaign for Tobacco-Free Kids, American Cancer Society, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association and American Legacy Foundation

WASHINGTON, Nov. 5 /PRNewswire-USNewswire/ -- In a clear victory for public health, a federal judge in Kentucky today rejected a motion by tobacco companies to block key provisions of the new law giving the U.S. Food and Drug Administration (FDA) the power to regulate tobacco products. Specifically, today's decision strongly supports the government's authority to prevent the industry from making health claims about its products without FDA approval.

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We applaud the federal court's decision to quickly and decisively reject the latest attempt by Big Tobacco to frustrate the intent of the new FDA law and allow the agency to get on with its role in putting an end to deceptive and dangerous tobacco marketing.

Eleven public health and consumer advocacy groups joined in the legal effort to thwart the industry's challenge to the law based on the claim that its First Amendment rights were violated. U.S. District Court Judge Joseph H. McKinley denied a request from R.J. Reynolds and other tobacco companies to keep the FDA from implementing the law, saying they have "little likelihood" in proving that their free speech rights have been harmed. Judge McKinley forcefully backed the government's interest in protecting consumers from misleading claims about tobacco products with supposedly reduced health risks.

The judge agreed with the key argument that "given the significant health risks associated with the use of tobacco products and the history of marketing 'low tar' and 'light' cigarettes," the govern
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