Yesterday, the U.S. Court of Appeals for the Sixth Circuit issued its ruling in the case against the FDA law. The Court essentially upheld the ruling of the District Court in January of 2010 that upheld most of the provisions of the FDA law. Today’s ruling, though, also upheld the provision of the law (which the District Court did not) which prohibits tobacco companies from making statements implying a tobacco product is safer because it is regulated by the FDA.
Perhaps the most important part of today’s decision is the affirmation of the constitutionality of the graphic warning label provision of the law. While this is a separate case than in the one in which Judge Richard Leon warning against the warning labels as laid out in the FDA rule on the matter, it still sends an important message on the matter.
To view the press release from the Campaign for Tobacco-Free Kids, click here.
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