Black And Mild Brand Sues The FDA To Avoid Name Change
The Food & Drug Administration recently expanded its oversight of tobacco products, banning the use of “mild” to describe cigars.
The only problem?
Altria filed the civil lawsuit on Thursday, arguing that the FDA’s new rules violates the First Amendment that protects trademarks and brands, the Wall Street Journal reports.
Under the FDA’s expanded rules, companies can not sell modified-risk products — those marketed as “Light,” Low,” or “Mild” — without the agency’s authorization.
The company claims that the use of the word “mild” in the cigars’ name describes the “taste and body” of the product and doesn’t convey anything about health, risk, or safety.
Additionally, Altria claims, by banning the use of “mild” in its product, the FDA is violating the Fifth Amendment’s protection against the government’s taking of private property for public use without compensation.
Do you think Black & Mild should be forced to change its name??