Tobacco companies notched a partial victory in a lawsuit challenging the U.S. Food and Drug Administration's authority to require pre-clearance for tobacco products with changed labels or quantities.
U.S. District Judge Amit Mehta in Washington, D.C., on Tuesday vacated part of an FDA directive stating tobacco companies may need the agency's clearance to market products with significant labeling modifications, such as a change in color or logo. However, Mehta said that the agency could require clearance for marketing a tobacco product with a different quantity – for instance, an increase in the number of cigarettes per pack.
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