FDA Cigarette Health Warnings Challenged by Cigarette Manufacturers

The following article was submitted by the National Association of Tobacco Outlets (NATO)
On May 6, 2020, Philip Morris USA Inc. and Sherman Group Holdings, LLC filed a lawsuit in Federal District Court for the District of Columbia against the U.S. Food and Drug Administration seeking to invalidate both the FDA’s recently issued rule for new text and graphic cigarette health warnings on cigarette packages, cigarette cartons, and cigarette advertisements and the requirement under the Family Smoking Prevention and Tobacco Control Act that the FDA promulgate such graphic health warnings (a copy of the lawsuit complaint accompanies this bulletin).

This is the second federal lawsuit to be filed against the FDA seeking to invalidate the new graphic cigarette health warnings. The other lawsuit was filed in April of this year against the FDA by R.J. Reynolds Tobacco Company, Santa Fe Natural Tobacco Company, ITG Brands, Liggett Group and five tobacco retailers.
Background: Based on decisions issued by the U.S. Supreme Court, the First Amendment to the U.S. Constitution protects free speech, which includes “commercial speech” or advertising since advertising is how manufacturers and retailers “speak” to the general public. The First Amendment free speech protections have been applied specifically to tobacco products.

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