R.J. Reynolds v. FDA
On August 25, 2025, WLF urged the Fifth Circuit to affirm a district court decision preliminarily enjoining FDA’s graphic cigarette warning labels under the Administrative Procedure Act. As WLF’s amicus curiae brief explains, FDA’s labels violate the law. Congress provided specific text for nine warning labels, FDA’s regime would mandate eleven disclaimers—only two of which use Congress’s language. WLF also argued that if the injunction could not be affirmed on APA grounds, it should be affirmed as a matter of constitutional avoidance, since disclaimers are unlikely to survive proper First Amendment review.
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