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Why Big Tobacco keeps demolishing the FDA in federal court
Salon ^ | Oct. 4, 2014 | Myron Levin

Posted on 10/04/2014 6:16:05 PM PDT by Bettyprob

What are the odds?

In 2009, Congress passed landmark legislation directing the Food and Drug Administration to regulate tobacco products, aiming to cut the toll from the leading preventable cause of disease and death. Three times since, however, cigarette and e-cigarette companies have filed successful legal challenges to thwart rules intended to make their products less appealing to consumers–and less accessible to kids.

The three cases, which, among other things, have blocked graphic cigarette warning labels and delayed regulation of e-cigarettes for at least a few years, were decided in favor of industry plaintiffs by the same federal judge, Richard J. Leon of the U.S. District Court in Washington, D.C. Leon’s rulings have reflected concern about government overreach, and a tone of deep skepticism about the FDA’s legal positions “Please! This conclusion defies common sense,” he wrote, dismissing one of the agency’s arguments.

Given how cases are normally assigned, the fact that Leon was assigned all three is extraordinary—and extraordinarily good luck for the industry.

Court rules require cases to be randomly assigned among the court’s regular judges, plus several senior judges with reduced caseloads. According to court officials, there were 13 regular judges on hand when two of the complaints were filed, and 11 when the other suit was filed. The odds of the cases being randomly assigned to a single judge—1 in 13, 1 in 13, and 1 in 11—put the chance of drawing all three cases at one in 1,859. With senior judges also in the draw, the chance appears even more remote.

(Excerpt) Read more at salon.com ...


TOPICS: Culture/Society
KEYWORDS: fda; smoking; tobacco

1 posted on 10/04/2014 6:16:05 PM PDT by Bettyprob
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To: Bettyprob

The commies always use terms like Big Tobacco, Big Coal, Big Pharma and Big Oil to demonize those thriving corporations that advance free enterprise and provide goods and services that the marketplace wants. Yet the marxist press avoids the same adjective where it’s far more apt: Big Labor and Big Government.


2 posted on 10/04/2014 6:21:19 PM PDT by re_nortex (DP - that's what I like about Texas)
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To: re_nortex

Yeah, I know. The ‘big’ scare word is played, but people keep using it.


3 posted on 10/04/2014 6:22:32 PM PDT by Bettyprob
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To: Bettyprob

Defund the FDA and OHSA! The anti-liberty regulations from the agencies (and numerous others) hamper the free marketplace and kill shareholder profits.


4 posted on 10/04/2014 6:24:12 PM PDT by re_nortex (DP - that's what I like about Texas)
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To: Bettyprob

Let’s change the plaintiff to somke homeosexual and play the same game again.....What are the odds ? Zero, they all went to libtard judges, who ruled against the people and brought us sodomite “marriages”


5 posted on 10/04/2014 6:27:31 PM PDT by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: Bettyprob

http://www.cdc.gov/tobacco/data_statistics/by_topic/policy/legislation/index.htm

http://www.cdc.gov/tobacco/data_statistics/by_topic/policy/regulation/index.htm

http://www.ttb.gov/tobacco/tobacco-laws.shtml

I am not in any way a fan/supporter of tobacco, but I think we have more than enough laws/regulations/taxes on that one product.


6 posted on 10/04/2014 6:30:58 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Bettyprob

I wonder if they would be so aggresive if the public were allowed to force “public servants” to wear warning labels? Eric the Corrupt - Racist, Lois Lerner - Cheap Political Hack, James Clapper - Perjurer & Liar, Barack Obama - Loyal Communist, etc.


7 posted on 10/04/2014 6:31:19 PM PDT by RetiredTexasVet (Put lipstick on a Communist and call it a Progressive, but it's still a Communist with lipstick.)
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To: Ouderkirk

Absolutely! Libs judge shop and it’s okay but if it’s a ruling against the libs.....HORROR!


8 posted on 10/04/2014 6:32:24 PM PDT by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: Bettyprob

I love watching old WW2 movies.

One of the best lines, when dealing with Beautiful women, spies, allies, enemy POWs, etc is “have you got a cigarette?”

I just watched “The Longest Day” and Richard Burton delivered that very line!

I don’t smoke, and my parents didn’t either, but tobacco is a legal product, grown, produced, regulated and taxed in the USA.

It is an important part of Native-American Culture (my heritage), and , like cotton, wheat, and corn, BUILT America.

Although smokers do get ill, there are other smokers who don’t, and then there are those who NEVER smoked, who get lung cancer, heart disease, COPD, and the other diseases associated with smoking...so it’s a crap shoot.

The warning is on the label..most Americans can read...so it is a choice.

Liberals want people to have a choice to kill their babies, but no choices about schools, medical care, whether or not to carry insurance, or tobacco use.

And when the government has the power to halt the entry of disease into the country by closing the borders...they DON’T. Yet they squawk about smoking.

I am so sick of the hypocrisy!

Just my humble opinion...I’m PO’d anyway because i just had a fight with ebay and am quitting after 10 YEARS of top-rated seller status. Please pardon my rant.

I need a cigarette! :-)


9 posted on 10/04/2014 6:38:36 PM PDT by left that other site (You shall know the Truth, and The Truth Shall Set You Free.)
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To: Bettyprob

Listen I’m a heavy smoker and I’d like to know what gives the government the right to tax cigs so heavy vs a hot dog a donut or a shovel or a hat?


10 posted on 10/04/2014 6:43:46 PM PDT by Undecided 2012
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To: re_nortex

Bingo.


11 posted on 10/04/2014 6:46:24 PM PDT by RushIsMyTeddyBear
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To: Bettyprob

“...cigarette and e-cigarette companies have filed successful legal challenges to thwart rules intended to make their products less appealing to consumers–and less accessible to kids.”

Doesn’t matter. Try to forbid it, kids will get it. Nothing new about forbidden fruit. This is all just a ploy to shutdown successful companies.


12 posted on 10/04/2014 6:50:23 PM PDT by Politicalkiddo (Power always thinks.. that it is doing God's service when it is violating all his laws. -John Adams)
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To: Politicalkiddo

Kids are still smoking, just not as much tobacco as they used to, because of all the “education” they get in school. Too bad marijuana is still perceived by them as ‘cool’.


13 posted on 10/04/2014 6:58:09 PM PDT by Bettyprob
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To: Bettyprob
I am 67 now and have never smoked.

However, I grew up in a virtual cloud of cigarette smoke, and hated it so much that I washed my hands after handling a pack when I was told to 'fetch and carry' to one of my parents. My Dad (who was a great Dad) died from COPD, and his death certificate reads 'due to tobacco dependence'.

My sister, who I ratted out as a secret smoker when she was 15, died from small cell lung cancer when she was 49.

My mother had lung cancer, but survived only to be taken by an emergency surgery from which she never woke up.

I have asthma, probably related to the second-hand smoke I endured growing up.

I still remember the TV commercials that used doctors as endorsing spokesmen, and they actually claimed that smoking was healthy because it made you cough and therefore 'cleared the lungs'.

14 posted on 10/04/2014 7:51:46 PM PDT by jimbug
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To: Bettyprob
Nazis don't like it when y'all don't sieg their heil.

Hope I'm alive to see them dropping in the streets from random, mysterious lead poisoning.

15 posted on 10/04/2014 7:54:40 PM PDT by tomkat
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To: Bettyprob

Meh. I know many who do both. They do it because they’ve been told not to.


16 posted on 10/04/2014 7:59:54 PM PDT by Politicalkiddo (Power always thinks.. that it is doing God's service when it is violating all his laws. -John Adams)
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To: RetiredTexasVet

“I wonder if they would be so aggresive if the public were allowed to force “public servants” to wear warning labels? Eric the Corrupt - Racist, Lois Lerner - Cheap Political Hack, James Clapper - Perjurer & Liar, Barack Obama - Loyal Communist, etc.”

LOL! Or just.. WARNING: History has determined that continued exposure to Communism can be fatal. Quitting Communism now can significantly extend your lifespan ;)


17 posted on 10/04/2014 8:25:59 PM PDT by Frank_2001
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To: Bettyprob
...cigarette and e-cigarette...

Apples and onions.

18 posted on 10/05/2014 3:34:14 AM PDT by facedown (Armed in the Heartland)
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