Tobacco manufacturers and retailers challenge FDA graphic warnings rule

Clients R.J. Reynolds Tobacco Company

Jones Day filed a First Amendment lawsuit on behalf of R.J. Reynolds Tobacco Company and other clients. The lawsuit challenges a new Food and Drug Administration ("FDA") rule requiring large graphic warnings with disturbing images to appear on cigarette packages and advertising. As the complaint explains, the graphic warnings rule and the underlying graphic warnings requirement of the Tobacco Control Act violate the First Amendment's prohibition on compelled speech. The complaint also contends that FDA's promulgation of the rule was arbitrary and capricious under the Administrative Procedure Act ("APA"); that FDA further violated the APA by failing to provide meaningful notice or an opportunity for the public to comment; and that the rule contravenes the Tobacco Control Act.

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