FDA refuses cigarette warning fight

The FDA will not request for review of the most recent court decision against his rule requiring graphic warning labels on cigarette packs, some of the Obama administration said on Tuesday.

Instead, the agency will go back to the drawing board to develop new warnings he hoped to pass legal review, they said.

imagesThe U.S. Court of Appeals for the District of Columbia ruled in a 2-1 decision in August that the tobacco companies’ First Amendment rights would be violated graphic warnings proposed FDA. Furthermore, the court ruled that the FDA had failed to show that the warnings will reduce smoking. It was the last in a series of judgments against the FDA rules.

A further appeal against the decision would go to the Supreme Court.

The regulation requires that cigarettes sold in the U.S. are graphic images warning of the dangers of smoking, including photos of rotting teeth, diseased lungs, the child enveloped in smoke, and the body on the autopsy table.

The images were accompanied by such phrases as “cigarettes are addictive,” “Cigarettes cause cancer” and “Smoking can kill you.” They had to take at least half of the front and back of cigarette packs and 20% from the top of the pack.

A group of the largest tobacco companies, including RJ Reynolds, sued the FDA shortly after the regulation was released. A federal judge dismissed the warning notices in March, after previously placing a ban on the alert.

“In these circumstances, the attorney general determined after consultation with the [Department of Health and Human Services] HHS and FDA, not to seek Supreme Court review of the first questions that amendment at the present time,” Attorney General Eric Holder wrote a letter to House Speaker John Boehner ( R-Ohio) last week. “If the Court of Appeal had to postpone new rules to FDA at a later date, will not be able to claim the full Supreme Court review at that time.”

Howard Koh, MD, MPH, Assistant Secretary of Health for HHS, admitted recently been court cases in his blog on the Huffington Post on Tuesday, but said that the FDA is “to conduct research in support of the new rule-making under the Tobacco Control Act.”

This law, passed in 2009, gives the FDA the authority to regulate tobacco products.

“FDA is committed to reducing morbidity and mortality from tobacco use by bringing science-based regulation of the production, marketing and distribution of tobacco products”, Koh wrote.

He told MedPage Today earlier this year that the fight against tobacco use is one of the key public health initiative for the second term of President Obama in the White House.

The American Cancer Society Cancer Action Network called for FDA to continue to develop new graphic warnings that he believes that the body must be in accordance with applicable law.

“At present, warnings are not changed in the last 25 years and is widely considered to be ineffective because of the danger of exciting and deadly products,” President Chris Hansen said in a statement late Tuesday. “Large, graphic health warnings on cigarettes has been shown that encouraging adults to quit and prevent children from starting in the first place.”

Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • Facebook
  • del.icio.us
  • Technorati
  • Twitter
  • StumbleUpon
  • SphereIt
  • MySpace
  • MyShare
  • Simpy
  • Reddit
  • YahooBuzz
  • Mixx
  • Folkd
  • LinkedIn
  • MisterWong
  • Squidoo

Leave a Comment

NOTE - You can use these HTML tags and attributes:
<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Anti-spam image