American Academy of Pediatrics v. U.S. Food & Drug Administration

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No. 16-11985 (D.D.C. 2016)

Public health groups sue the FDA to compel the agency to require graphic warning labels on cigarette packages and advertisements.

Background

On October 4, 2016, several public health groups filed a lawsuit seeking to compel the FDA to issue a rule establishing graphic warning labels for cigarettes. The Tobacco Control Act requires the FDA to issue such a rule. The agency issued a rule in 2011 establishing such warnings but the rule was challenged by the tobacco industry and was eventually struck down. This challenge argues that because there are currently no graphic warnings on cigarette packages, the FDA is violating the provision of the act that requires it to establish graphic warnings.

Litigation Status

Both sides filed motions for summary judgment but the district court has not yet issued an opinion. 

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