Suit Says FDA Can't Ban Flavored Rolling Papers

Law360, New York (October 9, 2009, 5:09 PM EDT) -- The U.S. Food and Drug Administration doesn't have the authority to ban flavored rolling papers because it can regulate only cigarettes and tobacco, according to a suit filed by BBK Tobacco & Foods LLP.

Wholesale tobacco paper distributor BBK sued the FDA in the U.S. District Court for the District of Arizona on Wednesday, seeking declaratory relief and an injunction on regulations banning flavored papers.

The FDA's Sept. 22 ban on cigarettes with fruit, candy or clove flavors spurred the BBK suit. When it issued the...
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