Court overturns tobacco company victory over FDA on menthols
Headline Legal News
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
-
High court takes up challenges to drunken-driving test
Headline Legal News 12/20/2015The Supreme Court will decide whether states can criminalize a driver's refusal to take an alcohol test even if police have not obtained a search warrant. The justices on Friday agreed to hear three cases challenging laws in Minnesota and North Dakot...
-
Court papers: Witness ID'd man in playground shooting
Headline Legal News 12/01/2015A witness's statement and photo identification led to the arrest of a man accused in a playground shootout that wounded 17 people, court papers show. Joseph "Moe" Allen, 32, faces 17 counts of attempted murder in the Nov. 22 gunfight at Bunny Friend ...
-
Snowboarders fight ban at Utah resort in appeals court
Headline Legal News 11/17/2015A group of snowboarders who argue a ban on their sport at Utah's Alta Ski Area amounts to discrimination are set to present their case Tuesday to a federal appeals court in Denver. The lawsuit, filed in early 2014, brought renewed attention to the lo...
East Greenwich, RI Family Law Office
The Law Office of Erica S. Janton offers a wide range of legal services in all areas of family law, encompassing divorce, paternity, adoption, child support, child custody and placement, post judgment modifications, mediation and other related issues.
Erica S. Janton has extensive experience in complex high asset and high conflict family law matters. For the last decade, Erica S. Janton has devoted her career to the family law, first as a mediator and then in her legal career as a family law attorney and mediator. Attorney Janton represents a large variety of clients and has earned a well-regarded reputation for resolving complex custody and high asset, high conflict divorce cases. When providing clients with representation as an attorney, she is a compassionate and staunch advocate who ensures that her clients are well informed of their options and the related process, and prepared for every possible scenario a client may encounter.
Erica S. Janton has extensive experience in complex high asset and high conflict family law matters and uses her experience within the family court arena to individually tailor strategies with each of her clients and provide realistic solution focused results.