R.J. Reynolds Tobacco Company Sues Washington Over Ban on Cigarette Promotions to Adult Smokers
April 21 2006 - 8:01PM
PR Newswire (US)
Company Says Sampling Ban Violates First Amendment and Federal Law
WINSTON-SALEM, N.C., April 21 /PRNewswire-FirstCall/ -- R.J.
Reynolds Tobacco Company today filed suit in U.S. District Court
for the Western District of Washington (Tacoma Division) to
overturn a recently enacted state law prohibiting tobacco companies
from sampling products to adult smokers in bars, nightclubs and
other adult-only venues. In its court filing, R.J. Reynolds
contends the new law, approved by Gov. Gregoire on March 9,
violates the First Amendment and is preempted by the Federal
Cigarette Labeling and Advertising Act, the federal law that bars
states from regulating cigarette advertising and promotion. "The
new law says that its purpose is to protect minors, but Washington
law already prohibits cigarette sampling where minors may be
present," says Darryl R. Marsch, senior counsel for R.J. Reynolds.
"The new law is an unconstitutional attempt to prevent us from
using an accepted form of product promotion with adult smokers."
Marsch notes the Supreme Court has held that product sampling is a
form of communication protected by the First Amendment, and federal
courts have ruled that cigarette sampling bans are preempted by
federal law. R.J. Reynolds says in its filing that forms of
cigarette advertising and promotion are sharply restricted by the
Master Settlement Agreement (MSA). However, the MSA does not bar
sampling in adult-only venues. "Sampling in adult-only facilities
is an effective and responsible way for us to communicate with
adult smokers," Marsch says. The new law is due to take effect on
June 7. R.J. Reynolds will ask the federal court for a hearing on
its lawsuit before that date. R.J. Reynolds Tobacco Company, an
indirect subsidiary of Reynolds American Inc. (NYSE:RAI), is the
second-largest tobacco company in the United States, manufacturing
about one of every three cigarettes sold in the country. The
company's brands include five of the 10 best-selling U.S. cigarette
brands: Camel, Kool, Winston, Salem and Doral. For more
information, visit http://www.rjrt.com/. DATASOURCE: R.J. Reynolds
Tobacco Company CONTACT: David Howard of R.J. Reynolds Tobacco
Company, +1-336-741-3489 Web site: http://www.rjrt.com/
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