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)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA R.J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO COMPANY, COMMONWEALTH BRANDS, INC., LIGGETT GROUP LLC, and ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) SANTA FE NATURAL TOBACCO COMPANY, INC., Plaintiffs, v. ) Civil Case No. 11-1482 (RJL) ) ) ) ) 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. ) ) ) ) ) ) ) ) ) ) ) -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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