• Bloomberg, Wednesday, January 6, 2010 10:52 AM

In a decision released yesterday, U.S. District Judge Joseph H. McKinley Jr., of Bowling Green, Ky., says that a new law banning tobacco companies from using color and graphics to advertise their products violates commercial free-speech rights, Bob Van Voris reports. At the same time, McKinley upheld most aspects of the Family Smoking Prevention and Tobacco Control Act, which was signed into law by President Obama in June.

McKinley refused a tobacco industry request that would allow marketers to state that tobacco products are less harmful because the FDA regulates them or that they comply with agency requirements.

"We are certainly pleased with the judge's decision in finding that certain provisions of the law are unconstitutional, including what we believe was one of the biggest issues in the case -- use of color and imagery in our advertising," says R.J. Reynolds. "FDA is pleased this ruling will allow us to continue, in large part, with the implementation of the tobacco control act to protect public health," says the FDA.

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