Joining AATAC means that our retailers will meet quality companies with products and services that will help you prosper.

Tobacco Companies Revive Packaging Lawsuit

WASHINGTON — The Big Three tobacco manufacturers have revived a lawsuit seeking a permanent injunction against the U.S. Food & Drug Administration (FDA) to prevent implementation of new packaging guidelines, reported The Winston-Salem Journal.

Altria Group Inc., Lorillard Inc. and Reynolds American Inc. sued April 14 over rules for packaging labels that they consider too restrictive under the federal Tobacco Control Act of 2009.

The FDA issued an interim enforcement policy May 29 on new tobacco products that appeared to be a response to the lawsuit, the report said.

The manufacturers agreed to drop the lawsuit June 2 based on the FDA’s willingness to consider regulatory comments and delay enforcing the initial guidelines.

The FDA’s new guidelines were issued September 8. The manufacturers said in the revived lawsuit that the guidelines imposed similar restrictions.

In the revival of the lawsuit, ITG Brands LLC has taken the place of Lorillard, said the newspaper. Most of Lorillard went to Imperial Tobacco Group in a deal related to the Reynolds American-Lorillard merger. ITG Brands is Imperial’s U.S. subsidiary.

The FDA has wanted to broaden its power of prior restraint on the companies’ marketing communications by saying that they require the agency’s approval for changes to labeling of tobacco products and the quantities of products within a package.

A modified label could be simply changing the background color, the report said.

According to the lawsuit, “over the past four years, FDA has suggested varying interpretations of the act that would improperly broaden the agency’s regulatory authority over tobacco product labels and product quantities. Each time, when challenged, FDA devised a new rationale for the same predetermined conclusion that the changes create a new tobacco product subject to premarket review under the act—a results-oriented approach that is antithetical to proper agency decision-making and inconsistent with the plain language of the act.”

“Reynolds American’s operating companies are in compliance with the act, and believe that FDA does not have the authority to impose the restrictions outlined in the guidance,” David Howard, a Reynolds spokesperson, told the Journal. “The act’s substantial equivalence [SE] provisions regulate the introduction of new tobacco products into the market. These provisions address the characteristics of the product itself, not how the product is described. Congress provided different mechanisms for changes to how the product is described in its packaging and labeling.”

He added, “FDA is trying to do an end run around these other mechanisms by using the substantial equivalence pathway to regulate packaging and labeling.”

On September 15, the FDA prohibited the sale of four brands of R.J. Reynolds Tobacco Co.’s cigarettes: Camel Crush Bold, Pall Mall Deep Set Recessed Filter, Pall Mall Deep Set Recessed Filter Menthol and Vantage Tech 13.

On August 27, it sent warning letters to a Reynolds American subsidiary and ITG Brands, saying that advertising traditional cigarette products as “additive free” or “natural” is in violation of federal regulations. The brands are Santa Fe Natural Tobacco Co.’s Natural American Spirit, ITG’s Winston and Sherman’s 1400 Broadway N.Y.C. Ltd.’s Nat Sherman.


About jota

Vendor Application


Toll Free: 888-662-7780

Here at AATAC we are always looking for companies that may enhance our member’s businesses and better the industry as a whole. If you are interested in becoming a preferred vendor within our network please fill out this information form.

Send info and materials to our receivables office:

503 E. Jackson St. STE# 141
Tampa, FL. 33602



Answer the Question of the Day by filling in the information below and send it to us for your chance to win the prizes and exclusive discounts offered only to our members!



Located on the front page of our national website is a field called “Question Of The Day” (QOD). Each day we post a different question about the products and services that are presented through our website. The answer to this question can be found on one of our partner’s web pages. Our members will navigate through the preferred vendors page to find the answer to your question while subconsciously educating themselves about your company! AATAC effectively selects members who answer the question correctly to win rewards which include; rebates, complimentary services, cash, promotional offers from vendors, prizes, giveaways, etc. *Your QOD should be 1-2 sentences in length and can not name a specific product or company within the question. 

Here are some examples:

Which preferred vendor offers your customers a 99% accurate drug test that reads results in five minutes?  

One of our partner’s provides important compliance training classes in a virtual setting for a low cost. Who is it?


Your Vendor Category

When your logo and redirect are added to our preferred vendors catalog it offers two very important elements to members:

  1. It tells them that your company has been vetted and approved for business within our network. 
  2. It encourages them to visit your website where they can learn more about your company.