Business

Tobacco Company Lawsuit Alleges FDA Overstepping Authority

Published

11 years ago

April 15, 2015

This Tuesday, July 15, 2014 photo shows the tobacco in cigarettes in Philadelphia. A study ties a host of new diseases to smoking, and says an additional 60,000 to 120,000 deaths each year in the United States are probably due to tobacco use. (AP Photo/Matt Rourke)

MATTHEW PERRONE, AP Health Writer

WASHINGTON (AP) — The nation’s largest tobacco companies are suing the Food and Drug Administration over recent guidelines that they claim overstep the agency’s authority over labeling and packaging for cigarettes and other tobacco products.

Units of R.J. Reynolds Tobacco, Altria Group Inc. and Lorillard Tobacco filed the lawsuit Tuesday in the U.S. District Court for the District of Columbia, claiming the FDA’s guidance infringes on their commercial speech.

The FDA gained authority to regulate tobacco in 2009, including the power to pre-review new tobacco products that are significantly different from older ones already on the market.

Last month the agency issued guidelines intended to help manufacturers determine which new products require FDA review.

But the tobacco makers allege that the FDA is asserting overly-broad authority to approve or deny any labeling change that would make a product “distinct.” Their lawsuit argues that the FDA only has prior-review authority for labels on tobacco products claiming to represent a “modified risk,” or to be less harmful than other tobacco products.

FDA guidelines are considered suggestions and are not legally binding. But the tobacco companies say the FDA document “creates specific legal obligations with clear and draconian consequences for violations.”

The FDA said it does not comment on litigation.

The agency issued a draft version of the guidelines in September 2011 and took comments from industry and the public on the proposal.

In an explanation accompanying the final guidelines issued last month, the FDA said that certain labeling changes effectively create a new product “if consumers are likely to perceive it as ‘new’ by virtue of the different label.” Regulators listed examples such as changing a product’s logo, packaging color or product description.

The U.S. tobacco industry has repeatedly challenged FDA authority in court since Congress passed the Tobacco Control Act of 2009.

In 2011, some of the industry’s largest companies sued the FDA to block an order that would have required cigarette packages to carry large, graphic warning labels illustrating the dangers of smoking. But an appeals court decision ruled that the labels violated the First Amendment’s free speech protections and the government abandoned the plan in 2013.

Tobacco companies rely on their packaging to build brand loyalty and grab consumers. It’s one of few advertising levers left to them after the government curbed their presence in magazines, billboards and TV.

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Art

After 10-Year Wait, Fillmore Heritage Center Reopens in San Francisco

After serving as the economic and cultural hub of the Fillmore’s historically Black community for more than a decade, the center’s closure ended what was called the “Rebirth of the Cool,” referring to the neighborhood’s role during the height of Black Jazz in the United States.

Published

4 hours ago

June 10, 2026

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Rev. Amos Brown of Third Baptist Church addresses community members at the Fillmore Heritage Center ribbon cutting. Photo by Linda Parker Pennington.

By Linda Parker Pennington, Special to The Post

Last Saturday morning, the cloudy skies cleared just as the highly anticipated ribbon-cutting ceremony began, marking the reopening of the Fillmore Heritage Center at 1330 Fillmore and Eddy.

The complex – which had once included Yoshi’s Jazz Club, the Lush Life Art Gallery, the Koret Heritage Lobby, a 54-seat microcinema, and the Black-owned 1300 On Fillmore restaurant – shuttered in 2015.

San Francisco Mayor Daniel Lurie announcing the reopening of the Fillmore Heritage Center. Erika Scott, owner of Honey Art Studio, looks on with pride. Photo by Linda Parker Pennington.

“The Fillmore is the most important neighborhood in San Francisco’s history for centering Black culture, music, business, and community, and has shaped this City and influenced the entire country,” said San Francisco Mayor Daniel Lurie to the gathering of more than 100 community leaders, business owners, and public officials. “This building reflects the deep roots of the Fillmore. Urban renewal left deep scars that are still felt today. This Center celebrates a strong Black community that continues to shape San Francisco. I am proud to join the community as we reopen the Fillmore Heritage Center.”

Although the previous stakeholders will not be returning to the center, spaces are available for nonprofit organizations and ventures, such as Fillmore native Ericka Johnson’s Honey Art Studio.

“This Center will be an economic engine and a thriving venue that shines a light on the Black-owned businesses in this neighborhood and lifts the entire district,” Lurie continued. “Our City is committed to this community for the long term.”

“We’re excited to collaborate with the City to finally reopen these doors,” said Ken Johnson, a videographer and community leader who’d been lobbying for the reopening of the center. “It’s an opportunity to showcase the entrepreneurship and creative spirit of this ‘Harlem of the West’ and the ‘Rebirth of the Cool,’ grounded in our uniquely gifted Fillmore community.”

This month, through its Office of Economic and Workforce Development, the city will begin renting the building’s noncommercial spaces for pop-up events celebrating local talent, arts, and entertainment primarily centered in the Fillmore.