Reynolds American Inc units R.J. Reynolds Tobacco Company and Conwood Company, LLC together with Commonwealth Brands, Inc, Lorillard Inc, National Tobacco Company, LP and Discount Tobacco City & Lottery, Inc, recently filed a lawsuit to challenge certain provisions in the newly enacted FDA and tobacco law.  The lawsuit addresses the concerns that these provisions contradict the First Amendment right to free speech and interfere with the right to communicate with adult consumers.

While the lawsuit does not challenge the Congress’ action in providing the FDA with regulatory authority over tobacco products, it does call into question those provisions that would restrict communication channels that allow manufacturers to provide information to their adult consumers of tobacco products.  According to R.J. Reynolds’ senior vice president and general counsel Martin L. Holton III, the law “contains provisions that chill our ability to participate in the broader public policy dialogue over the future of tobacco products in this country.  Reynolds believes that governments, public health officials, tobacco manufacturers and others can and should play a role in providing adult tobacco consumers with accurate information about the various health risks and comparative risks associated with the use of different tobacco and nicotine products.”

And, Floyd Abrams, a constitutional lawyer representing Lorillard stated, “The government has great power to protect children from certain products, including cigarettes, but tobacco is a legal product for adults.  When you cut back their ability so speak to their potential lawful purchasers, you do start running into serious legal issues.”

The lawsuit was filed on August 31, 2009 in the U.S. District Court for the Western District of Kentucky.