FDA Asks DC Circ. To Rehear Tobacco Warning Label Suit

Law360, New York (October 9, 2012, 6:13 PM EDT) -- The U.S. Food and Drug Administration on Tuesday urged the D.C. Circuit to reconsider its August decision finding federal regulators' use of mandatory graphic warnings for cigarette packages unconstitutional, arguing that the government has shown the measures are appropriate and effective.

Although the D.C. Circuit decision said the agency had not presented "a shred of evidence" that demonstrated the warnings would lower smoking rates, the FDA argued in its petition for rehearing and rehearing en banc that it had established adequate justification for requiring the warnings,...
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