Federal Court Upholds Key Provisions of New Tobacco Regulation Law; Government Should Appeal Two Provisions that Were Struck Down

From: Campaign for Tobacco-Free Kids™

A federal judge in Kentucky recently upheld most key provisions of the new law giving the U.S. Food and Drug Administration the power to regulate tobacco products. In particular, the judge upheld critical provisions of the law that:

·    Require large, graphic health warnings on cigarette packs;

·    Prohibit tobacco companies from making health claims about tobacco products without FDA review; and

·    Ban several forms of tobacco marketing that appeal to children, including brand name sponsorships, tobacco-branded merchandise such as caps and t-shirts, free samples of tobacco products and free gifts with purchase.

However, that the judge struck down two provisions of the law: one that bans the use of color and imagery in tobacco advertising in locations viewed by large numbers of youth and the second that prohibits claims implying that a tobacco product is safer because of FDA approval.