Big Tobacco vs. Federal Tobacco Control Act
Published on September 7, 2009 3:42 AM
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On Aug, 31st, the second and third biggest cigarette maker in the USA filed a lawsuit against recently approved federal Tobacco Control Act, arguing that a legislation that provided the Food and Drug Administration with tobacco-regulation authority infringes their freedom of speech right.
Winston-Salem based R.J. Reynolds American Inc., producer of Camel, Winston and Kool, and Lorillard Inc., based in Greensboro, maker of Newport top-selling menthol cigarettes across America; issued a joined lawsuit to the Federal Court, together with minor cigarette companies.
They contest a section from the Tobacco Control Act approved in June, concerning regulations in advertising and promotion of tobacco products.
The cigarette giants don’t contest the FDA’s authority to regulate tobacco products; however, they do state that regulations in advertising area dramatically restrict the means of communication with consumers, according to a statement by RJ Reynolds CEO Susan Ivey.
The industry claim that it is banned from using every mean of distinction – from logos to trademarks and color letters in the majority of their advertisements, the almost 50-page complaint said.
According to the complaint, the legislation as well bans cigarette makers from promoting their products in a truthful and correct manner in mass media and debates.
David Howard, Senior Communication’s manager for Reynolds American admitted that the company has no intention of contesting the entire law, only its sections.
Catherine Bin, FDA spokesperson refused to comment details of pending lawsuit.
Several tobacco-related companies have also joined the suit, including National Tobacco Co, Commonwealth Brands and others. The suit was filled to the U.S. District Court based in Bowling Green, Kentucky.
The cigarette industry submitted the suit against the Food and Drug Administration, several members of Congress and Public Health Department. According to the documents filled to the court, the cigarette companies seek to delay the implementation of advertising restrictions until the court ruling.
Under the Tobacco Control Act the FDA are entitled to decrease the amount of nicotine in tobacco products, prohibit all flavoring, excluding menthol and bar such terms like "low tar", “mild” and "light."
The legislation also permits the FDA to disclose the content of cigarettes and regulate it, as well as ban advertising campaigns, which could lead to minors picking up smoking.
Philip Morris was the only tobacco giant to support the law, stating that it would be a drastic but fair measure.
Philip Morris’s main rivals — Reynolds American, the second largest cigarette maker and Lorillard the No. 3 tobacco giant criticized the law, arguing that FDA severe restriction on development of new tobacco products would benefit Altria, the owner of Philip Moris, consolidating their lead in the market.
Philip Morris spokesman refused commenting rivals’ accusations.
