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DOJ Faces Hurdles In Cigarette Warning Label Dispute [USA]

Author: Mike Scarcella, The Blog of Legal Times, Published on: 1 February 2012

The Justice Department faces an uphill fight to convince a judge...to uphold as valid rules that would require tobacco companies to include graphic warning labels on cigarette packages and in advertisements. Judge Richard Leon of U.S. District Court for the District of Columbia earlier issued an injunction blocking enforcement of the federal food and drug rules…The government has asked a federal appeals court...to strike down Leon’s decision. The U.S. Court of Appeals...is scheduled to hear the dispute in April...[A] Justice lawyer, Mark Stern…said…[t]he graphic images…are not meant to shock consumers but rather to provide them information , as a reminder, about a product that is inherently dangerous even when used as intended...Jones Day litigation partner Noel Francisco…for R.J. Reynolds Tobacco Company…argued that the Justice Department has failed to provide evidence that the graphic images would discourage cigarette use…[refers to R.J. Reynolds Tobacco Company, Lorillard Tobacco Company]

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Related companies: Lorillard Tobacco (part of Carolina Group) RJ Reynolds (part of Reynolds American)