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COMMONWEALTH BRANDS, INC. v. U.S.

Civil Action No. 1:09-CV-117-M.

678 F.Supp.2d 512 (2010)

COMMONWEALTH BRANDS, INC.; Conwood Company, LLC; Discount Tobacco City and Lottery, Inc.; Lorillard Tobacco Company; National Tobacco Company, L.P.; and R.J. Reynolds Tobacco Company, Plaintiffs v. UNITED STATES of America; United States Food and Drug Administration; Margaret Hamburg, Commissioner of the United States Food and Drug Administration; and Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendants.

United States District Court, W.D. Kentucky, Bowling Green Division.

As Amended January 14, 2010.

Attorney(s) appearing for the Case

Charles E. English, Jr., Charles E. English, Sr., D. Gaines Penn, E. Kenly Ames, English, Lucas, Priest & Owsley LLP, Bowling Green, KY, Philip J. Perry, Latham & Watkins, Donald B. Ayer, Geoffrey K. Beach, Noel J. Francisco, Robert F. McDermott, Jr., Jones Day, Washington, DC, Leon F. DeJulius, Jr., Jones Day, Pittsburgh, PA, Floyd Abrams, Joel Kurtzberg, Kayvan Sadeghi, Cahill, Gordon & Reindel LLP, New York, KY, Leanne Moore, National Tobacco Company, Dresden, TN, for Plaintiffs.

Alisa B. Klein, Benjamin S. Kingsley, Daniel Tenny, Mark R. Freeman, Mark B. Stern, Samantha L. Chaifetz, Sarang V. Damle, Nicholas J. Bagley, U.S. Department of Justice-Civil Rights Division, Andrew Edward Clark, Daniel K. Crane-Hirsch, Eugene M. Thirolf, James T. Nelson, Jessica R. Gunder, Joel D. Schwartz, U.S. Department of Justice-Consumer Litigation, Washington, DC, Karen Schifter, U.S. Department of Health & Human Services, Rockville, MD, Michael D. Ekman, William F. Campbell, U.S. Attorney Office, Louisville, KY, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH H. McKINLEY, JR., District Judge.

This matter is before the Court on cross-motions for summary judgment on Plaintiffs' claim that various provisions of the Family Smoking Prevention and Tobacco Control Act, Pub. L. 111-31, 123 Stat. 1776 (2009) individually and collectively violate their free speech rights under the First Amendment; their Due Process rights under the Fifth Amendment; and effect an unconstitutional...

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