KY Federal Judge Eases Rules on FDA Tobacco Law

Publish Date: 
January 7, 2010

A federal judge in the U.S. District Court for the Western District of Kentucky recently ruled that tobacco manufacturers can continue to use color and graphics in marketing their products.  The same judge also ruled that manufacturers may claim that a product is safer if it gains approval from the Food and Drug Administration (FDA).  

While the judge in Kentucky eased the rules on the recently passed FDA and tobacco law, the judge upheld the majority of the provisions in that new law.  Indeed, the judge, Joseph McKinley Jr., indicated in his ruling that local, state and federal governments can impose regulations on tobacco products and marketing that go beyond those outlined in the new tobacco law.