Tobacco companies in the United States are suing the U.S. Food and Drug Administration (FDA) for the latest guideline requiring them to submit their labels for approval.
R.J. Reynolds Tobacco, Altria Group Inc. and Lorillard Tobacco filed the lawsuit on Tuesday in the U.S. District Court for the District of Columbia. They are arguing that the federal agency violated their free speech rights by requiring them to have their labels pre-approved.
A label can be rejected if the change can make the consumers think that the product is "new." These changes include the logo, packaging color and descriptive warning. For instance, changing a product's color from black to red, or changing the quantity, will require FDA approval.
Tobacco companies feel that the agency is restricting them from modifying their products, thus suppressing free speech. They believe that the guideline should be applicable only on obvious changes such as a name change.
Under the final guidelines issued last month, the FDA has to approve the labels first before the tobacco companies can use them on their products, otherwise they will receive penalties, according to Reuters.
"We disagree that FDA's new requirements that manufacturers must obtain agency authorization before changing certain product labels when the actual physical tobacco product remains exactly the same," Brian May, an Altria spokesman, told the Wall Street Journal. "We're asking the court to resolve these issues."
A spokesperson for FDA refused to comment on pending litigation.
This is not the first time tobacco companies filed a lawsuit against the FDA. In 2011, the largest tobacco companies sued the agency for requiring cigarette packs to have graphic, warning labels showing the dangers of smoking. An appeals court ruled in favor of the tobacco companies.
