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EXCERPT:
For the reasons set forth in Plaintiffs’ Memorandum of Law in Support of Plaintiffs’ Motion for Summary Judgment, and based on the Court’s review of both parties’ arguments and the agency record, it is this day of February, 2012 hereby
ORDERED that Plaintiffs’ Motion for Summary Judgment [Dkt. #101 is GRANTED; […]
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EXCERPT:
[P]laintiffs raised for the first time in our Circuit the question of whether the FDA’s new and mandatory graphic images, when combined with certain textual warnings on cigarette packaging, are unconstitutional under the First Amendment. . . .
( although the FDA conveniently refers to these graphic images as “graphic warnings,” […]
U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:11-cv-01482-RJL
R.J. REYNOLDS TOBACCO COMPANY et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
Assigned to: Judge Richard J. Leon
Case in other court: 11-05332
Cause: 05:0701 Maritime Subsidy Board
Date Filed: 08/16/2011
Date Terminated: 02/29/2012
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Defendant
Date […]
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EXCERPT:
NOTICE
Defendant R.J. Reynolds Tobacco Company hereby gives notice that it has deposited its payment of $750,000 due by February 15, 2012 pursuant to Order #27-Remand into the Registry of the Court.
END EXCERPT
Date Filed: 09/22/1999
Jury Demand: Both
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Plaintiff
Date Filed # Docket Text
02/13/2012 DEPOSIT of Funds into the registry of the Court on February 13, 2012, in the amount $750,000.00, received from PHILIP MORRIS, USA INC., and ALTRIA GROUP INC.; Receipt Number 4616045997. (dr) (Entered: 02/13/2012)
BACKGROUND:
On Sept. 21, 2011, oral argument was held in the United States District Court in Washington on RJR, et.al.’s request for a preliminary injunction against the FDA’s Final Rule, which mandated graphic warning labels. The FDA had been given the power to change the labels by the 2009 Family Smoking Prevention and Tobacco Control Act […]
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EXCERPT:
On June 22, 2011, the Food and Drug Administration (“FDA”) published a Final Rule implementing Section 201 of the Family Smoking Prevention and Tobacco Control Act . . . The Rule requires that Plaintiffs radically change all of their cigarette packaging and advertising to prominently display nine new textual warnings […]
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EXCERPT:
Only by ignoring the findings of Congress, the courts, and countless public health officials, can plaintiffs discount the compelling governmental interest in communicating health risks to consumers and potential consumers of their product—including the underage and often undereducated persons who constitute the bulk of their new clientele. And only by ignoring […]