R.J. Reynolds Tobacco Co.'s bid to carve out a "free speech" marketing niche for innovative products was dealt a blow today.
A U.S. District Court judge in Richmond denied a motion for a preliminary injunction sought by Reynolds and other tobacco manufacturers regarding The Family Smoking Prevention and Tobacco Control Act.
A lawsuit was filed Aug. 31 against the federal government and the Food and Drug Administration by Reynolds, Conwood Co. LLC, a sister company with Reynolds American Inc., Lorillard Inc. and Commonwealth Brands Inc.
The companies had sought a preliminary injunction against The Family Smoking Prevention and Tobacco Control Act. They said they are trying to "protect their First Amendment right to communicate with adult tobacco consumers about their products."
But Judge Joseph McKinley ruled that the "plaintiffs have little likelihood of success" in their challenge to the modified risk tobacco products provision in the law.
In June, the FDA was granted the power to regulate the content of tobacco products.
That included removing ingredients considered as hazardous; restricting the marketing and distribution of cigarettes and smokeless tobacco; focusing on limiting the impact of advertising on youth; expanding warning labels; and stopping the use of such characterizations as "light" or "low tar."
The manufacturers involved in the lawsuit opposed FDA regulation, and Altria Group Inc., the largest U.S. tobacco manufacturer, was in favor. Reynolds suggested in June that it would target the marketing and distribution aspects of the new law in any potential legal action.
"Certainly we're disappointed with today's ruling," said David Howard, a spokesman for Reynolds.
"We are currently reviewing the decision and evaluating our options moving forward."
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