R.J. Reynolds Tobacco Company, Other Tobacco Manufacturers, Retailer, File Suit Challenging Provisions of FDA Tobacco Act
August 31 2009 - 2:59PM
PR Newswire (US)
WINSTON-SALEM, N.C., Aug. 31 /PRNewswire-FirstCall/ -- R.J.
Reynolds Tobacco Company joined other tobacco manufacturers and a
tobacco retailer in filing suit today in federal court in Bowling
Green, Ky., seeking to protect their First Amendment right to
communicate with adult tobacco consumers about their products. The
law passed by Congress in June, granting the U.S. Food & Drug
Administration (FDA) regulatory oversight over tobacco products,
contains several provisions restricting or banning truthful speech,
contrary to the requirements of the First Amendment. "This suit
does not challenge Congress' decision to give the FDA regulatory
authority over tobacco products, nor does it challenge the vast
majority of the provisions of the new law," said Martin L. Holton
III, senior vice president and general counsel for R.J. Reynolds.
"However, the law contains provisions that severely restrict the
few remaining channels we have to communicate with adult tobacco
consumers and, in our opinion, cannot be justified on any basis
consistent with the demands of the First Amendment." Holton adds,
"The law also contains provisions that chill our ability to
participate in the broader public policy dialogue over the future
of tobacco products in this country. Reynolds believes that
governments, public health officials, tobacco manufacturers and
others can and should play a role in providing adult tobacco
consumers with accurate information about the various health risks
and comparative risks associated with the use of different tobacco
and nicotine products. This suit seeks to confirm that Reynolds'
ability to participate in that important dialogue has not been shut
down." With respect to the remaining provisions of the new law,
R.J. Reynolds stands ready to work with the FDA on its many
important tasks and duties. "Moving forward, we will work with the
FDA's Center for Tobacco Products to affect an overall regulatory
structure that has the potential to improve public health and is
practical in its application, given that more than 40 million adult
Americans consume tobacco products," Holton said. Joining R.J.
Reynolds in the suit is Conwood Company, LLC. R.J. Reynolds and
Conwood are operating companies of Reynolds American Inc. Other
plaintiffs in the case are Commonwealth Brands, Inc., Lorillard,
Inc., National Tobacco Company, L.P. and Discount Tobacco City
& Lottery, Inc. The suit was filed in U.S. District Court for
the Western District of Kentucky, Bowling Green Division. Web
Disclosure Starting Jan. 1, 2010, RAI's Web site,
http://www.reynoldsamerican.com/, will be the primary source of
publicly disclosed news about RAI and its operating companies. In
this way, RAI will comply with its disclosure obligations under SEC
Regulation FD. 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, Pall Mall, Kool, Winston and Doral. For more
information, visit http://www.rjrt.com/ DATASOURCE: R.J. Reynolds
Tobacco Company CONTACT: David Howard, R.J. Reynolds Tobacco
Company, +1-336-741-3489 Web Site: http://www.rjrt.com/
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