Court leaves ruling against big tobacco intact

WASHINGTON — A federal appeals court has left intact a court judgment against tobacco companies that they must do corrective advertising about the dangers of smoking.

The companies sought to overturn a federal judge’s order which was based on a 2009 law that gave the Food and Drug Administration authority over the industry, including power to require graphic cigarette warnings.

In a 3-0 decision, the appeals court says the regulatory oversight provided by the 2009 Tobacco Control Act is not a replacement for the judge’s ruling on corrective advertising.

The appeals court supported a lower court decision by U.S. District Judge Gladys Kessler that if the companies were not deterred by the possibility of court-imposed punishment, they were not likely to be deterred by the 2009 Tobacco Control Act either.