Federal Judge Joseph McKinley's tobacco ruling appealed in 6th Circuit

July 27, 2011

CINCINNATI, Ohio: Tobacco companies are appealing Kentucky Judge Joseph McKinley's 2010 ruling in which he denied that the Family Smoking Prevention and Tobacco Control Act infringes upon the tobacco industry's free speech rights. The act prevents tobacco companies from sponsoring athletic, social, or cultural events. It also gives the Food and Drug Administration power to regulate tobacco advertising, mandating that tobacco companies include large graphic warning labels on their products. The act gives the FDA additional regulatory authority over tobacco product standards, product listing and registration, and manufacturing standards. The tobacco companies are set to go before the United States Court of Appeals for the 6th Circuit, where the court will decide whether or not the act violates the free speech rights of those in the tobacco industry.