Legal Opinion

R.J. Reynolds Tobacco Co. v. Food & Drug Administration

Court of Appeals for the D.C. Circuit

Decided August 24, 2012No. 11-5332, 12-5063PublishedCited by 43 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge BROWN.

Dissenting opinion filed by Circuit Judge ROGERS.

BROWN, Circuit Judge:

The Family Smoking Prevention and Tobacco Control Act (“the Act”), Pub.L. No. 111-31, 123 Stat. 1776 (2009), directed the Secretary of the U.S. Department of Health and Human Services to issue regulations requiring all cigarette packages manufactured or sold in the United States to bear one of nine new textual warnings, as well as “color graphics depicting the negative health consequences of smoking.” See id. § 201(a). Pursuant to this authority, the Food and Drug…

2Cases cited25 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  4. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
  5. Wooley v. MaynardSupreme Court of the United States · 1977

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3Cited by43 opinions

  1. American Meat Institute v. United States Department of AgricultureCourt of Appeals for the D.C. Circuit · 2014
  2. 1-800-411-Pain Referral v. Richard Tollefson, D.C.Court of Appeals for the Eighth Circuit · 2014
  3. National Ass'n of Manufacturers v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2015
  4. National Ass'n of Manufacturers v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2013
  5. American Meat Institute v. United States Department of AgricultureCourt of Appeals for the D.C. Circuit · 2014

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