FDA, Tobacco Cos. Destined To Refight Graphic Warning War

Law360, New York (March 20, 2013, 8:07 PM EDT) -- The U.S. Food and Drug Administration said Tuesday that it would create a new rule for graphic warnings on cigarette packs after it decided against challenging a D.C. Circuit ruling that found its current proposal unconstitutional, but attorneys say tobacco companies are likely to protest any graphic warning mandate, no matter how toned down.

The D.C. Circuit ruled in August that the FDA had not presented “a shred of evidence” that demonstrated the proposed warnings — which included images of diseased lungs and a man smoking...
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