Ruling Against Cigarette Warnings Could Impact Other FDA Labeling

A judge’s opinion that requiring graphic images on cigarette packages unconstitutionally compels speech could affect FDA’s qualifications for supplement health claims and its off-label rules. FDA “carries the burden of proving” the required speech is truthful and accurate, says attorney Jonathan Emord.

A federal court decision that an FDA regulation requiring graphic warnings on cigarette packaging is unconstitutional could have ripple effects in the pharmaceutical industry.

Lawyers say the decision in R.J. Reynolds Tobacco Company v. United States Food and Drug Administration could apply to other FDA rules, including its limits on dietary supplement...

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