R.J. REYNOLDS TOBACCO COMPANY et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al

Filing 59

ORDER, For the reasons set forth in the Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgment, and based on the Court's review of both parties arguments and the agency record, it is this 29th day of February, 2012 hereby ORDERED that the Plaintiffs' Motion for Summary Judgment 10 is GRANTED; and it is further ORDERED that Defendants' Cross-Motion for Summary Judgment 35 is DENIED; and it is further ORDERED that the FDA is permanently enjoined, until 15 months following the issuance of new regulations implementing Section 20(a) of the Tobacco Control Act that are substantively and procedurally valid and permissible under the United States Constitution and federal law, from enforcing against Plaintiffs in this action the new textual and graphic warnings required by Section 201 (a) of the Tobacco Control act. SO ORDERED. Signed by Judge Richard J. Leon on 2/29/2012. (see order) (kc )

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.

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Civil Case No. 11-1482 (RJL)

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UNITED STATES FOOD AND DRUG
ADMINISTRA TION,

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MARGARET HAMBURG, Commissioner of
the United States Food and
Drug Administration,

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and
KATHLEEN SEBELIUS, Secretary of the
United States Department of Health
and Human Services,
Defendants.

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Februa~,

ORDER
2012 [Dkt. #10 and #35]

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For the reasons set forth in Plaintiffs' Memorandum of Law in Support of
Plaintiffs' Motion for Summary Judgment, and based
parties' arguments and the agency record, it is

o~

Court's review of both

this~ day of February, 2012 hereby

ORDERED that Plaintiffs' Motion for Summary Judgment [Dkt. #10] is

GRANTED; and it is further
ORDERED that Defendants' Cross-Motion for Summary Judgment [#35] is

DENIED; and it is further
ORDERED that the FDA is permanently enjoined, until 15 months following the

issuance of new regulations implementing Section 201 (a) of the Tobacco Control Act that
are substantively and procedurally valid and permissible under the United States
Constitution and federal law, from enforeing against Plaintiffs in this action the new
textual and graphic warnings required by Section 201(a) of the Tobacco Control Act.

SO ORDERED.

United States District Judge

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