By Tripp Mickle
The biggest U.S. tobacco companies filed a lawsuit against the
U.S. Food and Drug Administration Tuesday, challenging its effort
to assert authority over labels on tobacco products.
The suit follows a document the FDA issued in March that tobacco
subsidiaries of Altria Group Inc., Reynolds-American Inc. and
Lorillard Inc. argue violates the Tobacco Control Act by requiring
them to submit labels for approval.
The makers of Marlboro, Camel and Newport cigarettes argue the
Tobacco Control Act, which gave the FDA authority to regulate
tobacco, limited the agency's authority over labels to tobacco
products that make a "modified risk" claim. Otherwise, they should
be able to change the color or look of their packaging as they
wish.
"We disagree that FDA's new requirements that manufacturers must
obtain agency authorization before changing certain product labels
when the actual physical tobacco product remains exactly the same,"
said Brian May, an Altria spokesman. "We're asking the court to
resolve these issues so that we and other manufacturers know how to
proceed."
The FDA said it doesn't comment on litigation.
Write to Tripp Mickle at tripp.mickle@wsj.com
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