Big tobacco, and its ad firms, push back


Boston Hearld

The ANA (Association of National Advertisers) has filed a “friend of the court” brief in opposition to a series of graphic warnings required by the Food and Drug Administration (FDA) on all tobacco products and advertising.

Six tobacco companies filed a lawsuit in federal court in DC challenging the new rules and are seeking a preliminary injunction.

The new FDA Graphic Warnings Rule was mandated by Congress under the Family Smoking Prevention and Tobacco Control Act of 2009. The FDA issued its final rule on June 21.

ANA says “these gruesome, graphic warnings for all tobacco ads and packages are so excessive that they clearly violate the First Amendment.” ANA was joined by the American Advertising Federation (AAF) in filing this brief.

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