Federal Judge Rejects Tobacco Companies' Effort to Block Key Provisions of New Tobacco Regulation Law

Federal Judge Rejects Tobacco Companies' Effort to Block Key Provisions of New
Tobacco Regulation Law

Statement of Campaign for Tobacco-Free Kids, American Cancer Society, American
Cancer Society Cancer Action Network, American Heart Association, American
Lung Association and American Legacy Foundation

WASHINGTON, Nov. 5 /PRNewswire-USNewswire/ -- In a clear victory for public
health, a federal judge in Kentucky today rejected a motion by tobacco
companies to block key provisions of the new law giving the U.S. Food and Drug
Administration (FDA) the power to regulate tobacco products. Specifically,
today's decision strongly supports the government's authority to prevent the
industry from making health claims about its products without FDA approval.

(Logo: http://www.newscom.com/cgi-bin/prnh/20080918/CFTFKLOGO)

We applaud the federal court's decision to quickly and decisively reject the
latest attempt by Big Tobacco to frustrate the intent of the new FDA law and
allow the agency to get on with its role in putting an end to deceptive and
dangerous tobacco marketing.

Eleven public health and consumer advocacy groups joined in the legal effort
to thwart the industry's challenge to the law based on the claim that its
First Amendment rights were violated. U.S. District Court Judge Joseph H.
McKinley denied a request from R.J. Reynolds and other tobacco companies to
keep the FDA from implementing the law, saying they have "little likelihood"
in proving that their free speech rights have been harmed. Judge McKinley
forcefully backed the government's interest in protecting consumers from
misleading claims about tobacco products with supposedly reduced health risks.

The judge agreed with the key argument that "given the significant health
risks associated with the use of tobacco products and the history of marketing
'low tar' and 'light' cigarettes," the government "has a substantial interest
in protecting consumers from misleading tobacco industry claims about
allegedly reduced risk tobacco products."

The court's ruling supports the portion of the FDA law that requires tobacco
companies to submit for the agency's review any claims of reduced risk. The
FDA is empowered to determine if the claim is scientifically justified and
benefits public health. McKinley cited a pivotal ruling in the Department of
Justice's racketeering lawsuit against the tobacco companies, noting that
tobacco companies have a "history of advancing their bottom line by misleading
consumers about the health risks associated with their products."

The groups who joined the government in supporting the FDA law are: The
Campaign for Tobacco-Free Kids, American Cancer Society, American Cancer
Society Cancer Action Network, American Heart Association, American Legacy
Foundation, American Lung Association, American Medical Association, American
Public Health Association, Kentucky Medical Association, Oncology Nursing
Society and Public Citizen.

Tobacco use is the leading preventable cause of death in the United States,
killing more than 400,000 people and costing $96 billion in health care costs
annually.

SOURCE Campaign for Tobacco-Free Kids

Joel Spivak of the Campaign for Tobacco-Free Kids, +1-202-296-5469