Court overturns tobacco company victory over FDA on menthols

Business Law

A federal appeals court has ruled that tobacco companies had no basis to challenge a Food and Drug Administration report on menthol cigarettes, which the industry alleged was written by experts with conflicts of interest.

The decision by a three-judge panel overturns a lower court ruling that barred the FDA from using the report and ordered the agency to reform its committee of tobacco advisers.

The 2011 report from the agency's Tobacco Products Scientific Advisory Committee concluded that menthol flavoring leads to increased smoking rates, particularly among teens, African Americans and those with low incomes. The report said removing the flavoring would make it easier for some smokers to quit.

Cigarette makers Lorillard Inc. and Reynolds American Inc. sued the agency, alleging conflicts of interest by several members who had previously testified against tobacco companies in court.

But Judge Stephen Williams, writing for the court, states that the companies had no legal basis to challenge the makeup of the committee. Williams rejected company arguments that they could be damaged by the apparent conflicts as "too remote and uncertain." The opinion was issued Friday in the U.S. Court of Appeals for the District of Columbia Circuit.

Despite the victory for the federal government, the ruling may have limited impact on the FDA or its panel. Last year the FDA announced that four members of its tobacco products advisory panel had either resigned or were removed, following the previous court ruling against the agency.

In 2013, the FDA conducted its own review of menthol cigarettes, concluding they pose a greater public health risk than regular cigarettes. But it did not make a recommendation on whether to limit or ban them.

Related listings

  • ACLU to appeal court ruling in Missouri drug testing case

    ACLU to appeal court ruling in Missouri drug testing case

    Business Law 12/25/2015

    The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs. Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Je...

  • Mississippi Supreme Court narrowly grants same-sex divorce

    Mississippi Supreme Court narrowly grants same-sex divorce

    Business Law 11/06/2015

    The Mississippi Supreme Court voted to allow a lesbian couple to seek a divorce, even as two justices questioned the U.S. Supreme Court ruling legalizing same-sex marriage and suggested that landmark ruling has no constitutional basis.   The dec...

  • High court rejects ex-stockbroker's appeal in fraud case

    High court rejects ex-stockbroker's appeal in fraud case

    Business Law 11/02/2015

    The Supreme Court turned away an appeal from a former Toronto stockbroker convicted in a multimillion-dollar securities fraud who says federal prosecutors should have turned over documents that might have helped his defense. The justices Monday let s...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read