Cigarette Packaging and Advertising Compliance Update – Impact of Ongoing Litigation

Due to ongoing litigation, the implementation of The Food and Drug Administration’s (FDA) final rule entitled “Required Warnings for Cigarette Packages and Advertisements” is uncertain. Anyone who manufactures, packages, or imports for sale or distribution cigarettes within the United States, and any manufacturer or importer who advertises or causes to be advertised cigarettes within the United States, must continue to comply with the requirements for cigarette health warnings under the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331-1340 (“FCLAA”), as in effect before amendment by the Family Smoking Prevention and Tobacco Control Act.  Pending further notice, the Federal Trade Commission (FTC) will continue to have responsibility for the review and approval of cigarette warning plans under the existing FCLAA requirements, and all questions regarding the submission, review, or approval of such plans should be addressed to FTC.

February 2012