Washington State Law Banning Cigarette Sampling Violates Federal Law
August 24 2006 - 5:31PM
PR Newswire (US)
Federal District Court Judge Grants Summary Judgment Motion For
R.J. Reynolds Tobacco Company WINSTON-SALEM, N.C., Aug. 24
/PRNewswire-FirstCall/ -- R.J. Reynolds Tobacco Company applauds
today's decision striking down a Washington State law that
prohibits tobacco companies from sampling products to adult smokers
in bars, nightclubs and other age-restricted venues. In its court
filing, R.J. Reynolds claimed the law, approved by Gov. Christine
Gregoire on March 9, violated the First Amendment and is preempted
by the Federal Cigarette Labeling and Advertising Act (FCLAA), the
federal law that generally bars states from regulating cigarette
advertising and promotion. "The law said its purpose was 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 was simply an unconstitutional
attempt to prevent us from using an accepted form of product
promotion to adult smokers." In his ruling, U.S. District Court
Judge Franklin D. Burgess stated: "The State ban on the
distribution of cigarettes to members of the general public at no
cost or at nominal cost for product promotion purposes is a state
regulation of the promotion of cigarettes and thus, preempted by
the FCLAA." The law, which took effect June 7, is unenforceable as
a result of today's ruling. 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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