Big Tobacco Sues FDA Over Label Guidance

Law360, Washington (April 14, 2015, 3:20 PM EDT) -- Philip Morris USA Inc. and five other tobacco companies sued the U.S. Food and Drug Administration in Washington federal court Tuesday, saying its recent guidance over label changes is an abuse of discretion that infringes their First Amendment rights.

The companies, which include R.J. Reynolds Tobacco Co. and Lorillard Tobacco Co., say the FDA issued guidance in March that effectively asserts a broad power of prior restraint over their marketing and labels prohibited by the First Amendment and despite the fact that the Federal Food, Drug and Cosmetic Act denies the agency that power.

The companies say the FDA issued the...

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