More than a year and a half ago, in March 2020, the U.S. Food and Drug Administration (FDA) issued its final rule on a graphic-warning requirement for cigarettes. The rule—initially slated to take effect June 18, 2021—would require 11 new
FDA Proposes New Graphic Warnings for Cigarettes
- The Federal Cigarette Labeling and Advertising Act (FCLAA), as amended by Section 201 of the Family Smoking Prevention and Tobacco Control Act (TCA; signed into law on June 22, 2009) directs the U.S. Food and Drug Administration (FDA)
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D.C. Circuit Splits with Sixth Circuit on Color Graphic Cigarette Warnings; Supreme Court Showdown Likely
On Friday, a divided D.C. Circuit struck down as unconstitutional the U.S. Food and Drug Administration’s proposed color warnings on all cigarette packages depicting the negative health consequences of smoking. See Opinion, R.J. Reynolds Tobacco Co., et al. v. FDA,…
D.C. Circuit Rules FDA Cigarette Labels Unconstitutional
A sharply divided three-judge panel of the D.C. Circuit ruled in R.J. Reynolds Tobacco Co. v. FDA that the FDA's new regulations requiring textual warnings and graphic pictures depicting the negative health consequences of smoking violate the First Amendment. The…
FDA Takes It On The Chin Again In First Amendment Case
By Bexis
This opinion involves cigarette warnings, so we have to be careful, since Dechert represents tobacco companies. We recommend that our readers interested in First Amendment issues take a look at R.J. Reynolds Tobacco Co. v. FDA, No. 11-1482 (RJL), slip…