Big Tobacco Sues FDA Over New Label Guidelines

April 14, 2015 | By O'Connor Acciani & Levy
Big Tobacco Sues FDA Over New Label Guidelines

Big Tobacco is suing the Food and Drug Administration (FDA) over new packaging guidelines. Last month the FDA issued guidance to the tobacco industry about when cigarette makers must seek the administration's approval on changes to packaging. Tobacco companies including Philip Morris and R.J. Reynolds filed suit this week against the Food and Drug Administration alleging that the FDA is violating the companies' free speech rights. Our team of skilled attorneys thoroughly investigate every personal injury claim to ensure that we can formulate a strong case against the defendant. In 2009, the FDA gained authority to regulate tobacco. Then just last month, the agency issued guidelines determining which new products require FDA review. According to the companies, the guidance effectively requires tobacco companies to obtain the FDA's pre-approval of label changes, against the terms of the Family Smoking Prevention and Tobacco Control Act. Claiming the FDA is going beyond its scope of authority, tobacco companies are seeking a permanent injunction barring the FDA from enforcing the guidance. Smoking, which is linked to lung cancer, heart disease and stroke is the most preventable cause of death in the United States. According to the FDA, More than 1,200 people a day are killed by cigarettes in the United States alone, and 50 percent of all long-term smokers are killed by smoking-related diseases. Smokers aren't the only ones affected by tobacco smoke. Secondhand smoke is a serious health hazard for nonsmokers, especially children. Tobacco lawsuits are product liability lawsuits. In product liability lawsuits, companies who are proven to have manufactured or sold goods that ended up harming someone are responsible for compensating them for injuries caused by that merchandise.

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