Pink Sheet is part of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC’s registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By


Court upholds/strikes tobacco act provisions

This article was originally published in The Tan Sheet

Executive Summary

A federal court in Kentucky upholds most of and strikes two provisions of the Family Smoking Prevention and Tobacco Control Act that tobacco firms challenged, in a Jan. 5 decision (1"The Tan Sheet" June 15, 2009). In U.S. District Court for the Western District of Kentucky, Judge Joseph McKinley Jr. agreed that a provision in the act that requires tobacco product labeling and ads for cigarettes or smokeless tobacco appear in only black and white violates First Amendment rights. The judge also declared unconstitutional a provision banning firms, journalists, scientists, politicians and others from stating that "the product is safe or less harmful" because it is an FDA-regulated product. McKinley left undecided a provision that bans outdoor advertising within 1,000 feet of a playground, elementary or middle school or public park because FDA must issue a final regulation explaining how it will enforce the ban before it can go into effect and the court will wait for its issuance. David Clissold, an attorney with Washington-based Hyman, Phelps & McNamara, stated in a Jan. 6 FDA Law Blog post, "Aside from any appeal in this case, the next significant challenge is likely to be whether FDA's regulation to control outdoor advertising passes constitutional muster.

You may also be interested in...

Tight 90-Day Countdown To Create Tobacco Center Poses Challenge To FDA

FDA has its work cut out for it to establish a Center for Tobacco Products within 90 days, once President Obama adds his promised signature to the bill giving the agency regulatory authority over tobacco

Bayer Execs On Digital Acceleration, Getting The Building Blocks Right

Senior executives from Bayer outlined at a recent summit the contours of digital transformation already underway and the vital components of a successful digital team. Firms need to be able to operate technology at the “speed of business” and not “at the speed of a ticketing queue.”

US FDA Credibility: Surprisingly Strong, Despite Everything

A Senate Health Committee update hearing on the COVID-19 federal response was noteworthy primarily for demonstrating that FDA Commissioner Stephen Hahn appears to have salvaged the agency’s position as a voice of credibility with a key political constituency – at least for now.





Ask The Analyst

Please Note: You can also Click below Link for Ask the Analyst
Ask The Analyst

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts