R.J. Reynolds prevails in Fifth Circuit appeal affirming stay of FDA's graphic warnings rule

Client(s) R.J. Reynolds Tobacco Company

Jones Day prevailed in an appeal brought by the U.S. Food and Drug Administration, securing affirmance of a district court ruling in favor of Jones Day clients that include R.J. Reynolds Tobacco Company. The Fifth Circuit ruled that FDA's regulation requiring graphic cigarette warning labels likely exceeds the Agency's authority under the Tobacco Control Act because FDA expanded the number of warnings from nine to eleven. The district court had postponed the effective date of the rule, which would represent the most significant change to cigarette labels in more than 40 years.

R.J. Reynolds Tobacco Co., et al. v. U.S. Food and Drug Administration, et al., No. 6-20-cv-176 (E.D. Tex.); No. 25-40137 (5th Cir.)