The U.S. District Court for the Eastern District of Texas gave a ruling which continues the postponement, for another 90 days, of the implementation of the Federal Drug Administration’s new warning labels for cigarette packaging and advertisements.
The new date for cigarette manufacturers, wholesalers, and retailers to submit their rotational plans to the FDA, which will outline how and when the FDA’s new warning labels will be put in to circulation on cigarette boxes, is April 14, 2022.
Any of those companies which create their own cigarette advertisements are required to file a plan that explains the schedule for rotating the eleven graphic health warnings.
Previously, the FDA had been urging companies to have their rotational plans submitted by June 14, 2021, but now have been extended to Sept. 13, 2021, in conjunction with the court order.
R.J. Reynolds Tobacco Co., along with several other cigarette manufacturers, and five retailers, filed a lawsuit on April 3 to invalidate the requirement of Congress that the FDA is required to mandate the new graphics and warnings, which is under the Family Smoking Prevention and Tobacco Control Act.
A second lawsuit, filed by Philip Morris USA, Inc., and Sherman Group Holdings, LLC., claims violations of the First Amendment, and a failure by the FDA to meet their own policymaking requirements, which were set by Congress.
The case remains to be decided by the court system.
