Updated July 6, 2021
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--- the original post follows below ---
FDA seeks to reargue cigarette-warning label rules:
"The agency in a filing today in the U.S Court of Appeals in Washington said the court's 2-1 ruling finding the regulations violated the free speech rights of tobacco companies under the First Amendment of the U.S. Constitution was wrong and conflicts with a ruling by a federal appeals court in Cincinnati.
The majority on the three-judge panel said in August that the government failed to present any data showing the warnings would cut smoking rates.
"The First Amendment does not require statistical proof of the extent to which the decline in smoking rates resulted 'directly' from the new health warnings," the FDA said in today's filing."
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