Court leaves ruling against big tobacco intact

Court leaves ruling against big tobacco intact

Credit: AP

A cigarette sits in an ashtray at the Red Key Taven in Indianapolis, Thursday, June 11, 2009. The U.S. Senate voted Thursday on legislation that for the first time would give the new powers to control the production and marketing of tobacco products. South Carolina has the lowest state sales tax on cigarettes in the country. (AP Photo/Darron Cummings)

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by Associated Press

WCNC.com

Posted on July 27, 2012 at 12:04 PM

WASHINGTON (AP) -- A federal appeals court has left intact a court judgment against tobacco companies that they must do corrective advertising about the dangers of smoking. 

The companies sought to overturn a federal judge's order which was based on a 2009 law that gave the Food and Drug Administration authority over the industry, including power to require graphic cigarette warnings. 

In a 3-0 decision, the appeals court says the regulatory oversight provided by the 2009 Tobacco Control Act is not a replacement for the judge's ruling on corrective advertising.  

The appeals court supported a lower court decision by U.S. District Judge Gladys Kessler that if the companies were not deterred by the possibility of court-imposed punishment, they were not likely to be deterred by the 2009 Tobacco Control Act either.
 

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