Cigarette companies SUE Government regarding the stricture MARKETING

Here comes the sheaf of tobacco companies in federal court house in Bowling Green, Kentucky, to put out a new law they say would kill their ability to market cigarettes in the country.

The legal battle can be up to the Supreme Court, as companies seek to repeal a federal law banning the use of "color of labels, trademarks, logos or any other images in the most advertising, among other things. Restrictions will also be used for displays in stores, direct mail advertising, and even hats and t-shirts.

Most galling to the company, and their complaint relates to the government takeover of the upper half of the cigarette packs to control tobacco images and messages, leaving only the bottom for companies to communicate with older consumers. " Even this message is likely to be forgotten in the stores, the company said.

All this conspired to make in cigarettes, the complaint charges. "The obvious purpose was to force plaintiffs to brand their products through their own package," they say. Taken together, these restrictions do not leave them able to tell his story on adult consumers, the company claimed. This, they say, violates their right to freedom of speech, what they want to stop the ban.

The challenge comes as the Food and Drug Administration, recently authorized to regulate tobacco, is preparing to implement the provisions.

Not surprisingly, tobacco companies will be discouraged. Richard Daynard, professor at Northeastern School of Law and chairman of its Tobacco Products Liability Project, said the New York Times, "It was quite clear that it would be a constitutional problem, and I think it will survive the challenge."

Blogger Mark Senek in the eye is projected FDA legal failure for companies because cigarettes are no more than a delivery system for nicotine, drugs regulated by FDA.

Senek, public relations specialist, concludes: "All this smacks of corporate arrogance, for which the public has little stomach, especially now.

He says smart companies "should have followed the lead of Altria, the cigarette makers Marlboro, supporting legislation granting FDA regulatory authority over tobacco. Altria is also not part of the lawsuit to challenge the marketing restrictions.