According to a report by Reuters on January 15, a federal judge in Texas has halted the implementation of a regulation by the Food and Drug Administration (FDA) that would have required graphic warnings on cigarette packaging and advertisements.
Federal District Judge J. Campbell Barker from Tyler, Texas, ruled in favor of Reynolds Tobacco (R.J. Reynolds) and other tobacco companies on Monday (13th), stating that the U.S. Food and Drug Administration (FDA) exceeded its authority in requiring cigarette packaging and advertising to include 11 specific warning statements.
He pointed out that these warnings go beyond the 9 warning labels specified by Congress when it passed the Tobacco Control Act in 2009, which granted the FDA the authority to regulate tobacco products and required the use of graphic warnings.
Bach was appointed by Republican President-elect Donald Trump during his first term in the White House. He pointed out that the FDA not only added two additional warnings beyond what is required by law, but also that two of the remaining nine warnings only used the exact wording required by Congress. Eleven graphic warnings show how smoking can lead to bladder, head and neck cancer, fatal lung disease, restricted fetal development during pregnancy, cataracts, and type 2 diabetes.
The FDA argues that the law authorizes it to adjust the format, type, and text of any necessary labels. However, Buck pointed out that this power is limited, and even though the FDA is allowed to rewrite these 9 warnings, it cannot add two additional warnings. "Courts cannot speculate on policy decisions clearly expressed in Congressional legislation.
The judge has delayed the effective date of the rule, pending further litigation, preventing the FDA from enforcing the rule starting in February 2026.
The lawsuit was filed by Reynolds Tobacco (R.J. Reynolds) in 2020 against subsidiaries of Imperial Tobacco (IMB), ITG Brands, and Vector Group subsidiary Liggett Group LLC.
This is the second time that Bach has successfully blocked FDA warning label regulations. In 2022, the court ruled that the requirement violated the company's freedom of speech rights under the First Amendment of the United States Constitution.
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