The U.S. Food & Drug Administration (FDA) has filed a notice of appeal in U.S. District Court in Washington seeking to overturn Judge Richard Leon’s February 29 decision that the government’s rule violates the tobacco companies’ rights to free speech.

The U.S. Court of Appeals in Washington is scheduled to hear arguments next month on the government’s challenge to a ruling Leon issued in November that canceled a September 22 deadline for tobacco companies to begin displaying images such as diseased lungs and a cadaver with chest staples on an autopsy table on the top half of the front and back of all cigarette packages.It is unclear whether the three-judge panel will consider yesterday’s appeal on April 10.

No suprise, this administration will take it all the way to the Supreme Court.



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