A judge has overturned two of the marketing restrictions in the new federal tobacco law, including a ban on colour and graphics in most tobacco advertising.

Several tobacco makers sued in August 2009 to block the restrictions, and US District Judge Joseph H. McKinley Jr in Kentucky agreed that two violated tobacco companies' free speech rights. Congress could have exempted certain types of colours and images instead of banning all colour and graphics in advertising that children might see, McKinley ruled. He also said the US Food and Drug Administration (FDA) can't bar everyone from saying the agency's regulation of tobacco makes it safe, but he left open the possibility that the FDA could bar tobacco companies from making that assertion. McKinley upheld most of the new marketing restrictions, including a ban on tobacco companies sponsoring athletic, social and cultural events or offering free samples or branded merchandise. The ruling, recorded Tuesday, also upholds a requirement that warning labels cover half the packaging on each tobacco product.
The Family Smoking Prevention and Tobacco Control Act, signed into law in June 2009, lets the FDA limit but not ban nicotine. It also lets the agency ban candy flavourings and marketing claims such "low tar" and "light", require warnings be emblazoned over carton images, regulate what goes into tobacco products and publicise those ingredients. (pi)