Court pushes back effective date of cigarette health warnings to January 2023

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Photograph courtesy of the FDA

SILVER SPRING, Maryland – A Texas court has again postponed the effective date of new cigarette health warnings that will be required by the U.S. Food and Drug Administration (FDA).

The constantly evolving deadline, which has been postponed several times, is now set for January 9, 2023. The FDA recommends that retailers submit their cigarette plans by March 12, 2022, if they create or produce ads for them. cigarettes.

The FDA finalized the rule in March 2020 that requires 11 new cigarette health warnings that consist of text-based warnings accompanied by color graphics illustrating the negative health consequences of smoking.

Manufacturers, wholesalers and retailers who create their own advertisements for cigarettes must file a plan with the FDA that includes the rotation schedule for the 11 warnings on cigarette packages or advertisements. Ordering guides or web or print catalogs that allow retailers to order cigarettes are not considered advertising.

The rule has been challenged by several lawsuits.

RJ Reynolds, based in Winston-Salem, North Carolina, along with other manufacturers and retailers, filed a lawsuit in U.S. District Court for the Eastern District of Texas on April 3 to strike down the FDA rule and l congressional requirement that the FDA require the warnings. Philip Morris USA Inc., based in New York, and Sherman Group Holdings LLC, owned by Altria Group Inc., based in Richmond, Virginia, have filed a lawsuit in the District of Columbia against the FDA seeking the same resolution.

On November 12, the US District Court for the Eastern District of Texas adjourned the case of RJ Reynolds Tobacco Co. et al v US FDA et al.

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