Court Grants Preliminary Injunction Against FDA in Graphic Warning Labels Suit Brought by Lorillard
GREENSBORO, N.C., Nov. 7, 2011 /PRNewswire/ -- Judge Richard J. Leon of the U.S. District Court of the District of Columbia today granted a preliminary injunction against the U.S. Food and Drug Administration in a case filed by Lorillard, Inc. (NYSE: LO), the third largest manufacturer of cigarettes in the United States, that challenged the constitutionality of nine new cigarette graphic warning labels.
The suit, filed in August, challenged the new graphic warning labels for cigarette packs, cartons and advertising on First Amendment grounds as an unconstitutional means of forcing tobacco manufacturers to disseminate the government's anti-smoking message.
Floyd Abrams, a partner in the New York law firm of Cahill Gordon & Reindel, who is representing Lorillard, said: "Today's ruling reaffirms fundamental First Amendment principles by rejecting the notion that the government may require those who sell lawful products to adults to urge current and prospective purchasers not to purchase those products."
The regulation challenged by Lorillard and three other manufacturers required companies to display the new labels by September 22, 2012. The preliminary injunction stays the effective date of the regulations until 15 months after the final resolution of the litigation.
About Lorillard, Inc.
Lorillard, Inc. (NYSE: LO), through its Lorillard Tobacco Company subsidiary, is the third largest manufacturer of cigarettes in the United States. Founded in 1760, Lorillard is the oldest continuously operating tobacco company in the U.S. Newport, Lorillard's flagship menthol-flavored premium cigarette brand, is the top selling menthol and second largest selling cigarette in the U.S. In addition to Newport, the Lorillard product line has four additional brand families marketed under the Kent, True, Maverick, and Old Gold brand names. These five brands include 43 different product offerings which vary in price, taste, flavor, length and packaging. Lorillard maintains its headquarters and manufactures all of its products in Greensboro, North Carolina.
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SOURCE Lorillard, Inc.