- Apr 2, 2009
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6th Circuit Federal Appeals Court upholds constitutionality of graphic cigarette warnings, but strikes down black & white thombstone ad requirement and ban on free gifts with tobacco purchases.
http://www.ca6.uscourts.gov/opinions.pdf/12a0076p-06.pdf
http://www.washingtonpost.com/busin...enges-to-law/2012/03/19/gIQAUXjBNS_story.html
Judge McKinley's original ruling in this case is at
http://www.tobaccofreekids.org/pressoffice/district_court_opinion_01052010.pdf
Please note that Judge Leon's recent ruling was on a different lawsuit filed in the DC Circuit of the federal court. At some time in the future, the federal appeals courts and/or the US Supreme Court are likely to resolve the conflicting rulings in these two cases.
Its also possible that both court rulings could be upheld by the federal courts (as today's ruling upheld the statute as constitutional, while Judge Leon ruled that some of the actual warnings approved by the the FDA [i.e. the Final Rule] were unconstitutional). If that occurs, the FDA might be required to change the pictures of the some warnings.
http://www.ca6.uscourts.gov/opinions.pdf/12a0076p-06.pdf
http://www.washingtonpost.com/busin...enges-to-law/2012/03/19/gIQAUXjBNS_story.html
Judge McKinley's original ruling in this case is at
http://www.tobaccofreekids.org/pressoffice/district_court_opinion_01052010.pdf
Please note that Judge Leon's recent ruling was on a different lawsuit filed in the DC Circuit of the federal court. At some time in the future, the federal appeals courts and/or the US Supreme Court are likely to resolve the conflicting rulings in these two cases.
Its also possible that both court rulings could be upheld by the federal courts (as today's ruling upheld the statute as constitutional, while Judge Leon ruled that some of the actual warnings approved by the the FDA [i.e. the Final Rule] were unconstitutional). If that occurs, the FDA might be required to change the pictures of the some warnings.
