Washington Report: Judge Hears Arguments in Cigarette Warning Labels Case

The Department of Justice asked the district court judge to support the FDA's tobacco marketing rules.

February 03, 2012

WASHINGTON, D.C. - U.S. District Court Judge Richard Leon already blocked enforcement of the U.S. Food and Drug Administration€™s (FDA) tobacco marketing and sale regulations, but the U.S. Department of Justice (DOJ) has requested that he reverse that decision, the Legal Times reports.

The government appealed Leon€™s ruling, and an appellate court will hear the case in April. However, the DOJ wants the judge to support the rules because of Leon€™s concern about caution to consumers and government encouragement.

At stake is the agency€™s requirement for tobacco firms to slap graphic images and warnings on cigarette packs and in tobacco ads. Part of Leon€™s concern stems from Congress not considering how the label regulations might impact First Amendment rights.

DOJ lawyer Mark Stern argued before the judge yesterday that the government€™s anti-smoking sentiments are not unknown, saying the gruesome images provide consumers with information about the tobacco product.

However, R.J. Reynolds Tobacco Company attorney Noel Francisco countered that the government is not allowed to use companies to become mouthpieces for the government, which is what the rules do. Francisco said that the images are meant to frighten consumers, especially given that the DOJ has not shown such pictures actually work.

Judge Leon indicated he will rule prior to the when the D.C. Circuit court would hear oral arguments related to the preliminary injunction. Business groups have come out against the new graphic warning labels. Last month, NACS sent a letter to the FDA with comments on its proposed tobacco marketing rules.

Advertisement
Advertisement
Advertisement