DC Circ. Won't Rehear Tobacco Warning Label Case

Law360, New York (December 5, 2012, 1:36 PM EST) -- The D.C. Circuit on Wednesday denied the U.S. Food and Drug Administration's request to reconsider its August decision finding federal regulators' use of mandatory graphic warnings for cigarette packages unconstitutional, setting the stage for a potential U.S. Supreme Court review.

The FDA’s bid for an en banc rehearing of the ruling — in which a three-judge panel found the agency had not presented "a shred of evidence" that demonstrated the warnings would lower smoking rates — was shot down by a majority of the eligible appeals...
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