R.J. Reynolds Tobacco Company v. United States Food and Drug Administration ( 2012 )

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. ~) ORDER Februa~, 2012 [Dkt. #10 and #35] 1 For the reasons set forth in Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgment, and based o~ Court's review of both parties' arguments and the agency record, it is 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 2