U.S. Food and Drug Administration
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The following litigation resources highlight litigation between the U.S. Food and Drug Administration (FDA) and various major tobacco companies.
R.J. Reynolds et al., vs. Food and Drug Administration
Cigarette Warning Labels -
In 2011, the FDA made a ruling requiring larger, more prominent cigarette health warnings on all cigarette packaging and advertisements in the United States. According to the FDA, "these warnings mark the first change in cigarette warnings in more than 25 years and are a significant advancement in communicating the dangers of smoking. The introduction of these warnings is expected to have a significant public health impact by decreasing the number of smokers, resulting in lives saved, increased life expectancy, and lower medical costs."
- FDA Rule on Warning Labels, 2011
- US District Court, District of Columbia - Preliminary Labeling Injunction -
[PDF; 29 pages; 1.04 MB]
- Amicus Curiae filed by Attorneys Generals - [PDF; 44 pages; 162 KB]
- Amicus Curiae filed by Public Health Advocates - [PDF; 45 pages; 248 KB]
- Memorandum Opinion [PDF; 19 pages; 672 KB] and Order [PDF; 2 pages; 44 KB] Judge Leon's Opinion and Order regarding plaintiffs' (RJ Reynolds, et al.) motion for summary judgment. Leon finds the FDA's proposed textual and graphic warnings constitute compelled commercial speech and thereby violate the First Amendment.
- Order Denying Panel Rehearing [PDF; 1 page; 50KB]
- Order Denying En Banc [PDF; 1 page; 50KB]