2012-02-29 RJR v FDA Order

February 29, 2012 11:26 pm by Gene Borio

The PDF is Here

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; and it is further

ORDERED that Defendants’ Cross-Motion for Summary Judgment [#35] is DENIED; and it is further

ORDERED that the FDA is permanently enjoined, until 15 months following the issuance of new regulations implementing Section 201(a) of the Tobacco Control Act that are substantively and procedurally valid and permissible under the United States Constitution and federal law, from enforcing against Plaintiffs in this action the new textual and graphic warnings required by Section 201 (a) of the Tobacco Control Act.

SO ORDERED.

RICHARD J. LEON United States District Judge

END EXCERPT

FULL TEXT:

Case 1:11 -cv-01482-RJL Document 59 Filed 02/29/12 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

R.J. REYNOLDS TOBACCO COMPANY,

LORILLARD TOBACCO COMPANY,

COMMONWEALTH BRANDS, INC.,

LIGGETT GROUP LLC,

and

SANTA FE NATURAL TOBACCO COMPANY, INC.,

Plaintiffs,

v.

UNITED STATES FOOD AND DRUG ADMINISTRATION,

MARGARET HAMBURG, Commissioner of the United States Food and Drug Administration,

and

KATHLEEN SEBELIUS , Secretary of the United States Department of Health and Human Services,

Defendants.

Civil Case No. 11-1482 (RJL)

ORDER February, 29, 2012 [Dkt. #10 and #35]

1

Case 1:1 1-cv-01482-RJL Document 59 Filed 02/29/12 Page 2 of 2

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; and it is further

ORDERED that Defendants’ Cross-Motion for Summary Judgment [#35] is DENIED; and it is further

ORDERED that the FDA is permanently enjoined, until 15 months following the issuance of new regulations implementing Section 201(a) of the Tobacco Control Act that are substantively and procedurally valid and permissible under the United States Constitution and federal law, from enforcing against Plaintiffs in this action the new textual and graphic warnings required by Section 201 (a) of the Tobacco Control Act.

SO ORDERED.

RICHARD J. LEON United States District Judge

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