WASHINGTON – Altria, Lorillard and Reynolds-American are challenging the authority of the U.S. Food and Drug Administration (FDA) over tobacco packaging regulations, the Wall Street Journal reports. The lawsuit, filed in federal court on Tuesday, claims that the 2009 Tobacco Control Act doesn’t provide the agency with the power to rewrite packaging rules.

Last month, an update from the FDA related to new tobacco products stated that any change in background color, logo or additional words to current tobacco products would constitute making such products “new” and thus subject to agency okay. The cigarette companies allege that the agency is restricted from pre-approving tobacco labels, which should mean the firms could change the look or color without FDA approval.

“We disagree with FDA’s new requirements that manufacturers must obtain agency authorization before changing certain product labels when the actual physical tobacco product remains exactly the same,” said Altria spokesman Brian May. “We’re asking the court to resolve these issues.”

The lawsuit comes as other governments, such as Australia and the United Kingdom are restricting what can be put on cigarette labels. Meanwhile, California is considering several anti-smoking bills, one of which would raise the state’s excise tax on cigarettes by $2 a pack.