In early 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act to give the Food and Drug Administration authortiy to reguate tobacco products and to impose certain restrictions on advertising and promotion of tobacco products. On August 31, a group of tobacco companies filed suit to challenge the law, arguing primarily that it imposes restrictions in violation of the First Amendment. The companies have moved for a preliminary injunction against enforcement of the provision that requires FDA approval before a company can make claims that a tobacco product poses a recued risk as compared to other tobacco products. On behalf of 11 non-profit public health organizations and consumer advocacy groups that for decades have worked to educate the public about and protect the public from the devastating health and economic consequences of tobacco use, we filed an amicus curiae memorandum in support of the constitutionality of that provision. Our memorandum explains that the provision is fully consistent with FDA regulation of other products, such as drugs and foods. In addition, the tobacco industry's documented history of deceit with respect to "light" and "low-tar" cigarettes — which they falsely marketed as healthier than other cigarettes — justifies a pre-approval scheme to protect the public health.
On November 5, the judge issued a decision denying the companies' motion. Briefing on the rest of the companies' challenges to the new law will be filed later this year. |
