In Kentucky no less. http://www.politico.com/news/stories/0312/74182.html
Appeals court upholds tobacco warning labels By: Brett Norman March 19, 2012 12:14 PM EDT The U.S. Circuit Court of Appeals for the 6th Circuit has upheld a Kentucky federal court ruling that the provisions of a law mandating graphic warning labels on cigarette packages are constitutional. The court found that the warning labels do not impose any restriction of tobacco companies dissemination of speech, nor do they touch on the companies core speech. The lawsuit was filed by five large tobacco companies, including R.J. Reynolds. FDA plans to require all cigarette packs to carry a warning label, covering the top half of the package, featuring graphic images such as an autopsied cadaver and disease-ravaged lungs and lips. The labels were mandated by a broad bipartisan majority as part of the 2009 Tobacco Control Act. Susan Liss, executive director of the Campaign for Tobacco-Free Kids, called the ruling a significant victory for public health ... that affirms the authority of the FDA to take critical action to prevent the tobacco industry from continuing to target our children and mislead the American public. Last month, D.C. District Judge Richard Leon struck down the provisions as unconstitutional, a move that was broadly expected after he issued a temporary injunction in November preventing the FDA from enforcing the new rules. The Justice Department has appealed both rulings, and oral arguments on the injunction are scheduled for April 10 before the D.C. Court of Appeals. The ruling Monday also upholds provisions prohibiting tobacco companies from making health claims about tobacco products without FDA review. And it bans several forms of tobacco marketing that appeal to children, including brand name sponsorships, tobacco-branded merchandise such as caps and T-shirts and free samples of tobacco products. But the ruling did not uphold bans on certain gifts with tobacco purchases. This article first appeared on POLITICO Pro at 12:09 p.m. on March 19, 2 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:348772 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
