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R.J. Reynolds Tobacco Joins Suit Challenging Provisions In FDA Tobacco Act (RAI) - 8/31/2009 3:34:40 PM

8/31/2009-According to a company press release issued Monday, R.J. Reynolds Tobacco Company, a subsidiary of Reynolds American (NYSE:RAI), joined other tobacco producing companies in filing a lawsuit in federal court in Bowling Green, Kentucky, that seeks to "protect their First Amendment right to communicate with adult tobacco consumers about their products." The law passed by Congress last June, which grants the US FDA regulatory oversight regarding tobacco products, includes a number of provisions that restricts or bans truthful speech, flying in the face of requirements of the First Amendment. "This suit does not challenge Congress' decision to give the FDA regulatory authority over tobacco products, nor does it challenge the vast majority of the provisions of the new law," said Martin L. Holton III, Senior Vice President and general counsel for R.J. Reynolds. "However, the law contains provisions that severely restrict the few remaining channels we have to communicate with adult tobacco consumers and, in our opinion, cannot be justified on any basis consistent with the demands of the First Amendment." Holton added, "The law also contains provisions that chill our ability to participate in the broader public policy dialogue over the future of tobacco products in this country. Reynolds believes that governments, public health officials, tobacco manufacturers and others can and should play a role in providing adult tobacco consumers with accurate information about the various health risks and comparative risks associated with the use of different tobacco and nicotine products. This suit seeks to confirm that Reynolds' ability to participate in that important dialogue has not been shut down."


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