- Apr 2, 2009
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US Court of Appeals upholds Judge Leon's ruling that graphic warnings for cigarette packs (chosen by Obama appointed FDA officials) are unconstitutional.
Please note that neither Judge Leon, nor the Appeals Court, ruled that the FSPTCA statute requiring the graphic warnings was unconstitutional. In fact, another federal judge (Mckinley) has ruled that provision is constitutional at
http://www.tobaccofreekids.org/pressoffice/district_court_opinion_01052010.pdf
As the one who convinced Sen. Mike Enzi to amend the FSPTCA to require color graphic warnings in 2007 (which CTFK/ACS/AHA/ALA vehemently opposed at the time), I'm quite upset that Obama appointees at FDA insisted upon making propagandized graphic warnings instead of educational warnings consistent with the corresponding text warning (which is precisely why Judge Leon struck them down). I submitted public comments to the FDA urging them to ensure that their chosen warnings were educational instead of propaganda, but of course those arrogant jerks ignored my comments.
Today's Court Ruling
http://www.cadc.uscourts.gov/internet/opinions.nsf/4C0311C78EB11C5785257A64004EBFB5/$file/11-5332-1391191.pdf
Washington Post article
http://www.washingtonpost.com/blogs/ezra-klein/wp/2012/08/24/federal-court-smacks-down-new-tobacco-labels/
AP article
http://www.cbsnews.com/8301-505245_162-57499945/sector-snap-court-ruling-boosts-cigarette-makers/
Reynolds press release
http://files.shareholder.com/downloads/RAI/1740772567x0x593543/e61bfa2d-f271-4a63-8767-57c4ec8fdbdb/2012-02_DC_Circuit_Affirms_District_Court.pdf
Public Health Advocacy Institute's press releasePHAI » Blog Archive » US Court of Appeals for DC Circuit deals painful blow to FDA, public health and consumers
Please note that neither Judge Leon, nor the Appeals Court, ruled that the FSPTCA statute requiring the graphic warnings was unconstitutional. In fact, another federal judge (Mckinley) has ruled that provision is constitutional at
http://www.tobaccofreekids.org/pressoffice/district_court_opinion_01052010.pdf
As the one who convinced Sen. Mike Enzi to amend the FSPTCA to require color graphic warnings in 2007 (which CTFK/ACS/AHA/ALA vehemently opposed at the time), I'm quite upset that Obama appointees at FDA insisted upon making propagandized graphic warnings instead of educational warnings consistent with the corresponding text warning (which is precisely why Judge Leon struck them down). I submitted public comments to the FDA urging them to ensure that their chosen warnings were educational instead of propaganda, but of course those arrogant jerks ignored my comments.
Today's Court Ruling
http://www.cadc.uscourts.gov/internet/opinions.nsf/4C0311C78EB11C5785257A64004EBFB5/$file/11-5332-1391191.pdf
Washington Post article
http://www.washingtonpost.com/blogs/ezra-klein/wp/2012/08/24/federal-court-smacks-down-new-tobacco-labels/
AP article
http://www.cbsnews.com/8301-505245_162-57499945/sector-snap-court-ruling-boosts-cigarette-makers/
Reynolds press release
http://files.shareholder.com/downloads/RAI/1740772567x0x593543/e61bfa2d-f271-4a63-8767-57c4ec8fdbdb/2012-02_DC_Circuit_Affirms_District_Court.pdf
Public Health Advocacy Institute's press releasePHAI » Blog Archive » US Court of Appeals for DC Circuit deals painful blow to FDA, public health and consumers
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