FDA's Hand Can't Be Forced On 'Natural' Tobacco Labeling
Associate Robert Claiborne and partner Bryan Haynes are published in Law360 for their article, “FDA's Hand Can't Be Forced On 'Natural' Tobacco Labeling.” The pair discuss a recent decision in Sproule v. U.S. Food & Drug Administration et al. and note that “the standing decision is significant in outlining limits on the ability to litigate over regulatory inaction.” The case challenged “the U.S. Food and Drug Administration’s allowance of the word ‘natural’ in the product packaging and labeling of Natural American Spirit cigarettes. The plaintiff lacked standing to sue under Article III, § 2, of the U.S. Constitution, which limits federal courts to deciding actual ‘cases’ or ‘controversies.’” Robert and Bryan provide background on the case and explore the lack of standing.