Texas Trump judge puts off effective date for FDA graphic cigarette warning labels again, this time until Jul 8, 2023

Last February, the Texas federal judge hearing the tobacco companies’ lawsuit against the graphic warning labels Congress ordered the FDA to put on cigarettes in 2009 delayed the implementation date until April 2023, after several such delays, first in May 2020. By the way, the judge didn’t actually rule against the FDA, he just put off making a decision.

Not making a decision has effectively granted tobacco’s request for a preliminary injunction against the warning labels without actually having to demonstrate that the requirements to issue a preliminary injunction have been met.

But, by not actually granting the injunction, the Department of Justice (on FDA’s behalf) can’t appeal.

On May 10, the judge extended the date again, to July 8, 2023 (FDA summary).

This is an amazing abuse of judicial discretion.

The DOJ should file a writ of mandamus with the Court of Appeals to force action. At this point, the government has nothing to loose and the public has a lot to gain.

Published by Stanton Glantz

Stanton Glantz is a retired Professor of Medicine who served on the University of California San Francisco faculty for 45 years. He conducts research on tobacco and cannabis control and cardiovascular disease/

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: