Monday, November 7, 2011

Judge grants injunction stopping the implementation of the new FDA rules regarding cigarette warning labels

Back in June I reported that the FDA enacted a new regulation to mandate new graphic labels for cigarette pack with various images accompanied by messages such as “Smoking can kill you.”   Some time later five of the nation's largest cigarette manufacturers filed suit against the FDA challenging the new regulations.  For more on the background story and links to more information go here.

Today, the federal judge presiding over the case sided with the tobacco companies and granted a preliminary injunction that prevents the FDA from enforcing the new rule. The judge said the companies were substantially likely to prevail in their arguments that the new rule unconstitutionally compels speech in violation of the First Amendment.  You can read the order here.

Here are some links to more coverage on this latest development:

Public Citizen

First Amendment Center

Drug and Device Blog

Jonathan Turley

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