R.J. REYNOLDS TOBACCO COMPANY et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
Filing
39
ORDER, For the reasons set forth in the accompanying Opinion, it is this 7th day of November, 2011 hereby ORDERED that Plaintiffs' Motion for Preliminary Injunction 11 is GRANTED; and it is further ORDERED that implementation of the graphic image and textual warning requirements published at 76 Fed. Reg. 36,628 (June 22, 2011) and mandated by Section 201(a) of the Tobacco Control Act, and all related requirements, see Act 101(b), 301, 201(a) of the Tobacco Control Act are stayed until 15 months after a final ruling from this Court on the Merits of the parties' claims; and it is further ORDERED that the FDA, as a consequence of this Order, shall be enjoined from enforcing any of the new requirements contained in its Final Rule until 15 months after a final ruling by this Court. SO ORDERED. Signed by Judge Richard J. Leon on 11/7/2011. (kc ) (see order)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
R.J. REYNOLDS TOBACCO COMPANY,
LORILLARD TOBACCO COMPANY,
COMMONWEALTH BRANDS, INC.,
LIGGETT GROUP LLC,
and
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SANTA FE NATURAL TOBACCO
COMPANY, INC.,
Plaintiffs,
v.
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Civil Case No. 11-1482 (RJL)
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UNITED STATES FOOD AND DRUG
ADMINISTRA TION,
MARGARET HAMBURG, Commissioner of
the United States Food and
Drug Administration,
and
KATHLEEN SEBELIUS, Secretary of the
United States Department of Health
and Human Services,
Defendants.
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-tL-
ORDER
November!1-, 2011 [Dkt. #11]
For the reasons set forth in the accompanying Opinion, it is this
November, 2011 hereby
~
t
day of
ORDERED that Plaintiffs' Motion For Preliminary Injunction [Dkt. #11] is
GRANTED; and it is further
ORDERED that implementation of the graphic image and textual warning
requirements published at 76 Fed. Reg. 36,628 (June 22, 2011) and mandated by Section
201(a) of the Tobacco Control Act, and all related requirements, see Act ยงยง 101(b), 301,
are stayed until 15 months after a final ruling from this Court on the merits of the parties'
claims; and it is further
ORDERED that the FDA, as a consequence of this Order, shall be enjoined from
enforcing any of the new requirements contained in its Final Rule until 15 months after a
final ruling by this Court.
SO ORDERED.
United States District Judge
2
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