Stay Informed

Sign up for news & alerts

Already signed up?
Login here

take action
For every $1 states spend dollar sign on substance misuse and addiction, 94 cents go to shovel up the consequences instead of for treatment and prevention. TELL YOUR LEGISLATORS

What Can I Do?



Continuing Education
Free online courses for addiction counselors LEARN ONLINE

Get Help
Need alcohol or drug help for yourself or someone else? GET HELP

 

Tobacco Companies Sue FDA Over Ad Restrictions
September 2, 2009

Share Share Email
Email
Print
Print
SubscribeSubscribe
News Summary

A group of tobacco companies has filed a lawsuit claiming that the new federal law giving the U.S. Food and Drug Administration (FDA) is unconstitutional, the Wall Street Journal reported Sept. 1.

Firms including Reynolds American and Lorillard claim that the law infringes upon their First Amendment rights by expanding the size of warning labels on cigarette packs and hindering their ability to market products like smokeless tobacco as less risky than smoking.

"The case will be about whether Congress has gone too far about preventing tobacco companies from communicating with adults, and keeping adults from receiving the information that tobacco companies want to send to them," said Lorillard attorney Floyd Abrams.

Altria, the parent company of Philip Morris, supported the FDA bill and is not a party to the lawsuit. "Our goal is to work constructively with the FDA around some of our concerns," regarding advertising and marketing restrictions, a company spokesperson said.

The lawsuit could delay implementation of the law.

COMMENTS ON THIS ARTICLE:

Posted by John Michael on 02 Sep 09 08:47 PM EDT
It has long been a goal of the US Government to make it as difficult as possible for Tobacco companies to operate, all the while reaping the benefits of the tax increases, and implementation of policies which cause them to spend more money to comply. The average smoker,if affected at all, experiences health problems well into their careers, if not after their careers are over. Health risks increase with age under any circumstances, and individuals cannot be scientifically proven to be ill due to their smoking habit. It is total conjecture on an individual level. Therefore, the idea of improving America's overall health with reform to the Tobacco industry does not hold water. The majority of the suffering individuals are already retired, and NOT being taken care of for their lifetime of contributions to society.

Posted by Scott Hays on 03 Sep 09 10:21 AM EDT
This is the biggest non-news story I've seen in a while. What would we expect? At least the law has a half-decent chance of being upheld in the 'apolitical' judicial branch, where a reasoned argument could be made for a 'clear and present danger' standard to apply to tobacco use. And that can certainly justify ad restrictions. Many people don't realize that our First Amendment are definitely not unlimited. Frankly, I'm much, much more concerned about the "constructive work" of Altria on the FDA panel.

Posted by Anonymous on 03 Sep 09 07:52 PM EDT
1. While the Lorillard attorney repeats the word "adults" let's remember somehow half the addicts are already hooked before reaching the age when purchase and use are legal. 2. I see merit in the public getting the message that "smokeless" is truly safer than carbon monoxide. If kids try it and get hooked on nicotine, does that mean they will ever get hooked on hot burning overdose cigarettes? 3. I think the quid pro quo (for tax increase) is the money governments spend suppressing cannabis, which is their number one gift to the tobacco industry.

Posted by Stephanie S.(clove cigarette smoker) on 29 Sep 09 02:58 PM EDT
I have been smoking clove cigarettes exclusively for 20 years and when I found out about the new law banning them, I was furious! My government has nothing more important to do than pass a law that affects less than 1% of smokers? If they were truly concerned about under age smoking, they would have at least looked at the other 99% of smokers. Certainly the percentage of kids who smoke unflavored cigarettes is far greater. Perhaps the tax dollars that our government collects on unflavored cigarettes sold to under age smokers has something to do with them overlooking the truth. A law which has been passed on false pretense should infuriate everyone, smokers and non-smokers alike. If we don't speak out about this, we are allowing our government to pass laws that serve their own agendas not the people's. What happened to a Government of the people, by the people, for the people??

SUBMIT A COMMENT:

Note: Comments are now held for moderator approval. More info

Name:

Comment:
(limit 250
words)

Enter this word
(help):
Change

GUIDELINES: 
Please keep comments on-topic, courteous, clean, non-commercial, and within the word limit.
Read the complete guidelines