Tobacco Companies File Lawsuit Against FDA for Warning Labels

Five tobacco companies filed a lawsuit Tuesday against the federal government, claiming that government-required graphic warning labels on cigarette packages are unconstitutional and that they violate their rights. 

"The primary complaint is that we think it violates the First Amendment for the government to require people who produce a lawful product to essentially urge prospective purchasers not to buy it," First Amendment case expert Floyd Abrams said.

The lawsuit was filed in the U.S. District Court for the District of Columbia. R.J. Reynolds, Lorillard, Commonwealth, Liggett, and Santa Fee Natural Tobacco are suing the Food and Drug Administration, FDA chief Margaret Hamburg, and Health and Human Services Secretary Kathleen Sebelius.

The FDA, to the companies' despair, revealed nine new warning labels in June.  The warning labels include a phone number for those who wish to quit, 1-800-QUIT-NOW. 

The FDA said that cigarette packages will display one of those new labels on half of each package September 2012.

Abrams says the tobacco companies don't have a problem with the written wording required by the latest FDA ruling.

Abrams said that "The government has lot of power to require warnings, but it doesn't require half of a cigarette pack to scream out, 'Don't buy this product!," CNN reported. "What is at issue is putting photographs of diseased people on every cigarette pack, include a phone number, and ask people to stop smoking. It's the direct advocacy to not buy the product, as opposed to a straightforward warning," he added. 

Tobacco use, the leading cause of both premature and preventable death in the United States, kills almost half a million people each year, the FDA said on its Web site.

Should the FDA Regulate Tobacco? Health Freedom Advocate Says Criminalizing Cigarettes is a Mistake

(NaturalNews) The U.S. Congress has just voted to categorize tobacco as a drug, handing the FDA regulatory authority to control the advertising, marketing and sales of cigarettes. This hilarious move, if approved by the Senate and signed by the President, would put the FDA in the position of approving the sale of a "drug" that the entire medical community openly admits kills millions of people. According to the CDC, tobacco kills 438,000 people each year in the United States alone (1). Now, thanks to the U.S. Congress, the FDA could soon be the government office responsible for allowing these 438,000 deaths each year!
Think about it: Right now, FDA-approved drugs kill around 100,000 Americans a year, and that's if you believe the conservative figures from the American Medical Association (the real numbers are at least double that). Add tobacco deaths to that list, and you come to the startling realization that if tobacco is considered an FDA-approved "drug," then FDA-approved drugs will kill well over half a million Americans each year! (538,000 fatalities a year due to FDA-approved drugs, using government statistics.)

Some nicotine facts

1. Nicotine addiction has been one of the hardest addictions to break.
2. Insignificant amounts of nicotine is also found in tomatoes, potatoes, eggplants and leaves of cocoa plants other than tobacco.
3. Like caffeine, nicotine is toxic to certain insects and was used as an insecticide.
4. Nicotine burns at a temperature below it’s boiling point, which happens continuously as a cigarette is smoked.
5. It takes only 7 seconds for nicotine to hit the brain when inhaled.
6. The pleasure feeling generated by nicotine is similar to that caused by cocaine and heroin, thus causing the addiction associated with the need to sustain high dopamine levels. Smoking has been reported to make you feel relax, calm, and alert.
7. Even concentration and memory are increased, but all nicotine effects will only last from anywhere between 5 minutes to 2 hours. To sustain the pleasant effects, a smoker would have to puff an average of 20 cigarettes in 24 hours.
8. Quick puffs by smokers produces a stimulating effect, whereas deep puffs produces a relaxing effect. This is because quick puffs produce low blood nicotine levels, whereas deep puffs depresses the passage of nerve impulses, producing a mild sedative effect.
9. Nicotine reduces appetite and raises metabolism, a possibility for weight loss.
10. 50mg of nicotine is the average lethal dosage to kill a human being. Very, extremely lethal compared to common street drugs like cocaine. A cigarette contains an average of 1.5mg of nicotine.
11. Know that nicotine on its own does not promote development of cancer. However, nicotine suppresses apoptosis, an automatic process by the body to remove mutated or damaged cells that may become cancerous. This leads to encourage cancer cells to develop.
12. Nicotine exposure could cause the netopathological changes experienced by infants dying from Sudden Death Infant Syndrome.
13. 82% of schizophrenics smoke, due to the desire to self medicate, seeking the short term effects of nicotine.
14. The only medicinal use of nicotine is to treat nicotine dependent people through gums, dermal patches, lozenges or nasal sprays.
15. Many research has been carried out on the risk lowering affects of nicotine towards Parkinson’s Disease. Parkinson’s Disease happens when dopamine in the brain is less than acetylcholine. Nicotine decreases acetylcholine levels.

John Terry, England football captain, mulls legal action over image on Indian cigarette packets

LONDON: England captain John Terry is considering taking legal action over the apparent use of his image on cigarette packets in India.
The slightly blurred image of the Chelsea defender has appeared as part of anti-smoking warnings created by the Indian government.
"It's been brought to our attention that an image of our client has been used on some cigarette packaging without our consent or knowledge," Terry's management company said on Tuesday in a statement. "We've now instructed our legal team to investigate this matter."
The Gold Flake cigarette packets with Terry's apparent image were on sale in Delhi on Tuesday.
Gold Flake's manufacturer ITC and Indian government officials could not be reached for comment.
But an ITC official told the Indian Express newspaper that the company had simply used anti-smoking warnings prepared by the Indian government.