ARTICLE
3 August 2011

Life Sciences Newsbriefs: Week Of August 1, 2011

A report by the Institute of Medicine suggested that the 510(k) process used for clearing medical devices should be overhauled because dependence on "substantial equivalence cannot assure that devices reaching the market are safe and effective."
United States Food, Drugs, Healthcare, Life Sciences

CONTENTS:

  • Medical Devices
  • Drugs & Biologics
  • Food & Dietary Supplements
  • Tobacco

Medical Devices

IOM report: FDA's 510(k) process needs to be revised
A report by the Institute of Medicine suggested that the 510(k) process used for clearing medical devices should be overhauled because dependence on "substantial equivalence cannot assure that devices reaching the market are safe and effective." The Advanced Medical Technology Association called the report a "disservice to patients." Jeffrey Shuren, director of the FDA's device center, said the agency "believes that the 510(k) process should not be eliminated but we are open to additional proposals and approaches for continued improvement."

Analyst: IOM's 510(k) report may lead to increase in PMA applications
The number of applications seeking premarket approval for medical devices will increase and companies will be required to conduct more clinical trials as a result of an Institute of Medicine report that calls for the 510(k) process to be overhauled, said David Lewis, a Morgan Stanley analyst. Lewis said companies should reconsider their investments in research and development as the process of securing product approvals is likely to become more costly.

MITA praises Senate committee for hearing on device user fee
Medical Imaging and Technology Alliance has lauded the move by the Senate Committee on Health, Education, Labor, and Pensions to hold a hearing on Thursday regarding the Medical Device User Fee and Modernization Act. MITA agrees with committee members' assessment that the agency's device review procedures have led to longer review periods and reduced access to medical technologies, said David Fisher, MITA executive director.

FDA warns Electro-Cap over documentation problems
The FDA issued a warning letter to Electro-Cap International, citing problems with its documentation processes and design changes related to its products. William Hardin, the firm's president, said the issues raised in the letter originated from errors the company made in its documentation. Hardin said the company needs to address the agency's concerns through its new 510(k) applications it plans to submit for its products.

Boston Scientific to reduce global workforce
Boston Scientific has announced plans to cut about 1,200 to 1,400 positions, starting this quarter until the end of 2013. The workforce reductions are part of the company's restructuring effort to save $225 million to $275 million in annual costs by 2013.

Varian Medical tapped to supply radiotherapy systems in Scotland
Palo Alto, Calif.-based Varian Medical Systems will distribute its radiotherapy devices to five hospitals in Scotland, under a single procurement agreement worth $36 million. The Scottish government described Varian's device as "technically more advanced [for] its imaging, motion management and treatment delivery."

Study: Mammography has little effect on breast cancer mortality
Scientists compared breast cancer deaths in three pairs of European countries and found that the countries showed little difference in mortality rates, even in areas where mammography screening was introduced about 10 to 15 years earlier. The finding "suggests that screening has not played a direct part in the reductions of breast cancer mortality," the researchers noted. However, researchers who published results in June on the longest breast cancer screening study ever conducted found that not only do mammographies and other forms of screening save lives, but more and more lives are saved by screening as time goes by.

Senator aims to change FDA calculation of device review time
Sen. Richard Burr, R-N.C., said he will hold up an FDA reauthorization bill unless the agency agrees to count the time it spends waiting for more information from manufacturers in its performance reports. The agency agreed to speed up its review of medical devices in exchange for user fees but currently stops the clock until manufacturers provide requested information.

FDA seeks comments on reprocessing of reusable devices
The FDA has reopened the period for accepting feedback on reprocessing of reusable devices as part of its efforts to protect patient safety. The agency has set a Sept. 26 deadline for public comments.

Palm scanner gives N.Y. hospital the upper hand in speed, safety
New York University's Langone Medical Center has started using a palm vein scanner to identify patients for faster check-ins and improved safety. The device uses near-infrared waves and matches the images of patients' palm veins with their health records.

Hansen Medical gets CE Mark for robotic technology
European regulators have given Hansen Medical the CE Mark for its Magellan robotic technology, which aids in the manual implantation of medical devices. The technology is used in combination with the NorthStar robotic catheter and other ancillary tools, which have not yet been cleared by European regulators.

Silicone chip offers faster, cheaper genetic analysis, scientists say
Scientists at the University of British Columbia and the Centre for Translational and Applied Genomics have created a silicone chip about the size of a 9-volt battery that routes fluid through microscopic tubes and valves, allowing the analysis of individual cells. "Single-cell genetic analysis is vital in a host of areas, including stem cell research and advanced cancer biology and diagnostics, but until now, it has been too costly to become widespread in research and for use in health care," research team leader Carl Hansen said. The technology will allow "clinicians to distinguish various cancers from one another and tailor their treatments accordingly," he said.

FDA proposes subjecting more pacemakers to premarket approval
The FDA has issued draft guidance that would require manufacturers to seek premarket approval for class III implantable pacemaker pulse generators to help guarantee effectiveness and safety. The agency is seeking input on the guidance, and interested parties can apply for reclassification of their products.

Boston Scientific plans $150 million expansion in China
Boston Scientific said it will spend $150 million to expand its operations and workforce in China over five years. The expansion, which will include building a manufacturing plant and training centers for doctors, could bump up the company's Chinese sales to $500 million in 2017.

Report: Investments in Midwest medical startups hit $315M in first half
A BioEnterprise report found that health care startups in the Midwest secured $315 million in investments during the first half of this year, down 24% from the same period last year. The report noted that biopharmaceutical firms secured $153 million while device firms raised $85 million. During the period, Minnesota garnered the most funding with $88 million.

Phraxis hopes to raise $5 million for hemodialysis device
Phraxis seeks to obtain $5 million to support the company's 510(k) application for its implantable hemodialysis device, which is used in patients with kidney failure. The Minnesota-based startup plans to conduct a clinical study of the device in the months ahead.

ArthroCare's SpeedFix suture system secures FDA clearance
The FDA has granted clearance to ArthroCare for its SpeedFix suture device, which is designed to treat tears in shoulder joints.

Experts create material to rebuild disfigured faces
Researchers at Johns Hopkins University have developed a biomaterial designed to reconstruct soft facial structures that become disfigured through disease or injury. The material can be administered to the skin as a liquid, sculpted into shape and exposed to light to firm up the implant.

Study finds Stryker's Matrix coils effective in treating aneurysms
Stryker's Matrix detachable coil devices proved to be as effective as GDC detachable coils in treating ruptured and unruptured aneurysms, according to a clinical trial presented at the Society of NeuroInterventional Surgery's annual meeting. The study also found that Matrix coils had a lower rate of aneurysm recurrence than GDC coils. Stryker purchased the device from Boston Scientific earlier this year.

3 device makers offer promising alternative to CPAP treatment
Three device firms have created an implantable neurostimulation tool designed to treat patients with moderate to severe symptoms of obstructive sleep apnea and offer an alternative to continuous positive airway pressure masks. Inspire Medical Systems has already obtained CE Mark approval for its device, while FDA has yet to grant clearance to ImThera and Apnex Medical to start clinical trials of their systems.

Ohio-based group works on male incontinence device
Researchers at Continental Dry Works in Columbus, Ohio, are working on a male urinary incontinence device. The tool, called The Pocket, resembles an athletic cup and includes a layer of quick-drying mesh over an absorbent material, which collects urine inside a semi-rigid outer shell.

Proposed FDA regulation of mobile health apps draws industry attention
Draft guidance outlining the FDA's plans to pursue regulation of certain mobile health solutions sparked a range of reactions from industry stakeholders and observers. The regulations could stymie innovation but would help clarify the fragmented medical-app segment, said Zachary Bujnoch of Frost & Sullivan. Similarly, Chris Bergistrom of WellDoc said his group "applauds the FDA for quickly and aggressively tackling this complex area as the explosion of mobile applications has created confusion for both manufacturers and consumers."

EU is reviewing Vanda's antipsychotic Fanapt for approval
Vanda Pharmaceuticals said its schizophrenia drug candidate Fanapt is undergoing regulatory evaluation in the EU. Novartis holds U.S. and Canadian marketing rights to Fanapt.

Valeritas gets CE Mark for insulin delivery device
European regulators have approved Valeritas' V-Go insulin delivery system, which can administer basal-bolus therapy to adult patients. The disposable device already is cleared in the U.S.

FDA issues guidelines covering changes in 510(k) devices
The FDA has released draft guidelines that outline the types of changes to previously cleared 510(k) devices that will require device makers to submit new premarket applications. Such changes could include new labeling, technology or performance parameters. Dr. Jeffrey Shuren, director of the agency's Center for Devices and Radiological Health, said the guidance is intended to help device makers save on time and reduce costs as they alter their products.

Kansas Bioscience Authority to award $6 million in grants
The Kansas Bioscience Authority's board has voted to award $6 million in grants to research projects and life sciences startups in the state. Among the recipients is Novita Therapeutics, which will use an equity investment worth $600,000 to develop an implantable heart device.

NxStage taps Theradial to supply its hemodialysis device in France
NxStage Medical has signed an agreement that calls for Theradial to distribute its System One hemodialysis treatment device in France over five years. The deal also covers the marketing of NxStage's Medisystems ButtonHole needles among dialysis providers in the country.

Becton names president as chief executive
Becton Dickinson has selected President and Chief Operating Officer Vincent Forlenza to serve as its new CEO, effective Oct. 1. Forlenza will replace Edward Ludwig, who will serve as the company's executive board chairman through June 2012.

Smith & Nephew restructures to focus on higher growth markets
U.K.-based Smith & Nephew will combine its orthopedic reconstruction unit in Tennessee and its endoscopy division in Massachusetts into a single entity called Advanced Surgical Devices Division, a spokesman for SNN said. The move would allow the orthopedic giant to focus on key growth markets in India, Russia, China and Brazil.

Study: Glucose sensor holds promise for spotting chemicals in blood
Scientists at the University of Illinois at Urbana-Champaign have demonstrated that an off-the-shelf glucose monitoring device has the potential to detect uranium, cocaine and other substances in blood samples without the need for costly laboratory tests. The hope is to make chemical test kits commercially available, one researcher said.

Michigan hospital uses robotic arm for spine surgery
Dr. John Keller of Michigan's Metro Health Hospital has begun using a computer-aided robotic arm to assist in spinal implant surgery. The tool, called Renaissance, was developed by Israeli firm Mazor Robotics and enables providers to pinpoint the spot to place a screw in the patient's spine and lessens tissue retraction during surgeries.

FDA requests feedback on SOP for communicating regulatory matters
The FDA has introduced a standard operating procedure mandating the Center for Devices and Radiological Health to use "Notice to Industry" letters to more quickly inform device makers of any revisions to its regulatory prospects, which could have an effect on information submitted to the agency as part of an investigational device exemption or premarket application. The guidance document outlining the new SOP will be up for comment through Sept. 19.

Alphatec responds to FDA's warning letter over PureGen
Alphatec Spine has provided the FDA with additional information supporting the existing classification of its PureGen bone regeneration product, which it developed with Parcell Laboratories. The move was in response to an FDA warning letter saying that Parcell must obtain a biologics license to further develop the stem cell-based product, which the agency says was miscategorized. "Both Alphatec Spine and Parcell Laboratories are fully committed to work closely and collaboratively with the FDA to address the questions related to the PureGen product," said Dirk Kuyper, Alphatec Spine's president and CEO.

Australian regulator approves GI Dynamics' EndoBarrier
The Australian Therapeutic Goods Administration has granted GI Dynamics approval to market its EndoBarrier Gastrointestinal Liner, an implant that forms a barrier between food and the intestine, for the treatment of obesity and type 2 diabetes. EndoBarrier, which is classified as an investigational device in the U.S., is being marketed in South America and Europe.

Report: Value of global imaging market could reach $26.6B by 2016
The global diagnostic imaging market could be valued at $26.6 billion by 2016, spurred by the aging population, medical innovations and the increasing knowledge about preventive care, according to a report from research firm MarketsandMarkets. Hybrid nuclear imaging modalities, including PET/CT, SPECT/CT and MRI/PET, are leading the imaging services that are gaining market attention, according to the report.

Study: Medtronic's Resolute beats out Boston Scientific's Taxus stent
An eight-month study found that patients who received Medtronic's Resolute drug-eluting stent had lower rates of in-stent late lumen loss and target lesion failure compared with those who got Boston Scientific's Taxus stent. The Japanese trial could aid Medtronic in its bid to secure regulatory approval for the device in Japan.

Sunshine Heart secures $5M for counterpulsation device
Sunshine Heart said it generated $5 million from the sale of 115 million shares of the firm's stock. The Eden Prairie, Minn.-based company will use the proceeds to further develop its C-Pulse(R) Heart Assist System, which is used in patients with moderate to severe heart failure.

Cardiovascular Systems' deal with hospital GPO takes effect
Cardiovascular Systems is moving ahead with distributing its artery-declogging device to hospital group purchasing organization HealthTrust, under a deal that went into effect July 15. The catheter-based device is designed to clear plaque from blocked arteries.

OraSure expands in molecular diagnostics with DNA Genotek purchase
OraSure Technologies has agreed to pay $53 million to purchase DNA Genotek, a Canada-based developer of oral-fluid collection systems used in molecular diagnostics. The acquisition is expected to be completed during the third quarter.

ResMed taps CareFusion to market its ventilators in the U.S.
CareFusion has signed a five-year exclusive deal to distribute ResMed's ventilators to health facilities in the U.S. The devices, which secured U.S. market approval this year, aid patients struggling to breathe on their own.

Study: Blood test may also predict heart disease in diabetes
Using the hemoglobin A1c test may also predict cardiovascular risk in patients with type 2 diabetes, a study in the Archives of Internal Medicine found. According to the findings, about 71.9% of female and 24.5% of male participants with the disease both have less than 20% risk of developing cardiovascular conditions over the next decade.

PercuVision plans upgrade of urological catheter
PercuVision is working on a second-generation version of its DirectVision System, designed to treat urinary catheter issues. The Columbus, Ohio-based company will use $1 million in state funds to help with upgrading the device, which could be available as soon as next year.

Drugs & Biologics

Judge throws out lawsuit challenging embryonic stem cell funding
U.S. District Judge Royce Lamberth dismissed a lawsuit challenging federal funding for studies involving embryonic stem cells, upholding an appeals court ruling in April. Last year, Lamberth ordered an injunction on government funding for such research. "We're evaluating all of our options for appeal," said Steven Aden, one of the lawyers representing the scientists who filed the lawsuit.

FDA approves generic diabetes treatment from Strides
The FDA authorized multiple doses of Strides Arcolab's acarbose, a generic treatment for diabetes. Strides said Perrigo will launch the product under a profit-sharing arrangement.

AstraZeneca sets aside $647M to settle Seroquel lawsuits
AstraZeneca resolved 28,461 product-liability lawsuits claiming the company was aware of diabetes risk in antipsychotic Seroquel. The company allotted $647 million to settle the cases. The drugmaker might use some of the money for 250 outstanding lawsuits.

Makers of diabetes drug Bydureon respond to FDA concerns
Alkermes, Eli Lilly and Co. and Amylin Pharmaceuticals sent the FDA additional data on their diabetes treatment Bydureon, or exenatide. The response includes a finding that Bydureon does not affect heart rhythm of healthy people. "We are confident that the study results and our detailed submission have addressed the requirements outlined by the FDA, and we remain committed to making Bydureon available to patients in the U.S. as soon as possible," said Amylin official Christian Weyer.

Yaupon submits topical lymphoma drug for FDA approval
Yaupon Therapeutics is seeking FDA approval to market a gel-based topical version of mechlorethamine hydrochloride for treating early-stage mycosis fungoides. The agent is approved as IV chemotherapy for the disorder, a common form of cutaneous T-cell lymphoma.

Genzyme and Isis seek EU approval of cholesterol drug
Isis Pharmaceuticals and Genzyme filed a marketing application in the EU for mipomersen to treat familial hypercholesterolemia, a rare genetic disorder characterized by high cholesterol. The injectable drug is designed for self-administration weekly. The drugmakers expect to submit mipomersen for FDA approval this year.

FDA is urged to strengthen warning on steroid-based drugs
Consumer group Public Citizen and University of Michigan professor Jonathan Trobe filed a petition urging the FDA to include a warning about chorioretinopathy risk in prednisone and other steroid-based medicines. "It's useful to know that a lot of visual complications are associated with steroids, and if people develop a problem, they should see an eye care specialist," said Trobe.

ISTA gets FDA warning for misleading promotion of Bromday
The FDA said a flier for ISTA Pharmaceuticals' eye drop Bromday omitted information about safety risks. The drug was approved as a replacement for Xibrom, which received a similar FDA warning last year.

FDA agrees to review Takeda and Affymax's anemia drug
Affymax and Takeda Pharmaceutical's drug candidate peginesitide was accepted for FDA review. Formerly named Hematide, the once-monthly drug is intended for anemia in kidney patients on dialysis.

Hexal pulls EU application for a generic of bone drug Bondronat
Novartis subsidiary Hexal decided to stop seeking EU approval to market a generic version of Bondronat, Roche Holding's drug for preventing bone problems in breast cancer patients. Hexal "stated that its decision to withdraw the application was based on the fact that the [European Commission] considers that the co-marketing reasons weren't acceptable in this case," said the European Medicines Agency.

FDA uncovers falsified research data from contractor Cetero
Drugmakers might need to re-evaluate bioanalytical data provided by Cetero Research to support new-drug applications between April 2005 and June 2010, the FDA said. The agency said it uncovered falsified clinical data during May and December inspections of the contract research organization's Houston facility.

FDA proposes tougher criteria for bioequivalency
The FDA plans to tighten bioequivalence requirements for drugs with a narrow therapeutic index or critical dose. An advisory panel discussed the appropriateness of the agency's definition and scale of bioequivalency for such products.

FTC sets conditions for Perrigo-Paddock merger
The Federal Trade Commission is requiring Perrigo and Paddock Laboratories to divest six products as part of their $540 million merger. The deal is expected to conclude during fiscal 2012, which started July 1.

FDA warns of mixing Zyvox with serotonergic antidepressants
The FDA warned that Pfizer's antibiotic Zyvox might interact with serotonergic antidepressants and cause serotonin syndrome. Zyvox's packaging insert "already includes prominent information regarding the potential for serotonergic interactions, the risk of serotonin syndrome and the need for careful observation of patients prescribed Zyvox who are on such agents," said Pfizer spokeswoman Kristen Neese.

U.S. inquires about AstraZeneca-Medco ties involving 4 drugs
The Justice Department subpoenaed AstraZeneca and pharmacy-benefit manager Medco Health Solutions for documents about their relationship pertaining to four medicines. The products are antacids Prilosec and Nexium as well as hypertension drugs Plendil and Toprol XL.

FDA approves Strides unit's generic cancer drug gemcitabine
A Strides Arcolab unit obtained FDA approval to launch gemcitabine, an injectable treatment for cancer. "Gemcitabine is part of the oncology portfolio licensed to Pfizer in January 2010 for the U.S. market and will be launched immediately," said Strides Arcolab.

Price controls for Medicare Part D could thwart competition, innovation
The Obama administration's proposal to implement in Medicare Part D price controls adopted in other parts of Medicare in an attempt to reduce the deficit could eliminate competition among drugmakers and private insurers, stifle medical innovation and undermine a program that has been successful in saving money for the government and seniors, Tomas J. Philipson, a professor of public policy at the University of Chicago, writes in this Wall Street Journal opinion piece. "It turns out that in addition to its competitive structure, Part D also has the strength of being relatively more means-tested than other parts of Medicare. The bottom line is that Part D's model works and it should be extended into other parts of Medicare -- not vice versa," Philipson writes.

Patent expiration will drive down prices of best-selling drugs
Seven of the industry's 20 blockbuster medicines will go off patent within the next two years, clearing the way for generic versions, which usually are 20% to 80% cheaper. Pfizer's statin Lipitor as well as Sanofi and Bristol-Myers Squibb's anticoagulant Plavix will lose market exclusivity by September 2012.

FDA's CDER outlines need for postmarket data on drug safety
A report from the FDA's Center for Drug Evaluation and Research published in the Federal Register outlines several areas that it says need to be improved to address the country's regulatory science needs. Ensuring the accuracy of postmarket data is an important tool in evaluating drug therapy results, according to the report. The report also touched on other areas that need to be improved, including the development of predictive models, monitoring of trials and personalization of treatments.

Takeda tries again for FDA approval of 2 diabetes medicines
Takeda Pharmaceutical reapplied for FDA approval of diabetes drug candidate alogliptin as well as a fixed-dose combination of alogliptin and pioglitazone. The agency set a six-month review period for both drugs.

FDA expands use of Daiichi's liquid diabetes drug Welchol
The FDA granted Daiichi Sankyo approval for another formulation of liquid diabetes drug Welchol, which lowers blood glucose and cholesterol. The latest formulation can be mixed with fruit juice or diet soda.

Lupin submits generic of Watson's contraceptive for FDA OK
Warner Chilcott received notice that Lupin is seeking FDA approval of generic Lo Loestrin Fe, a birth control pill. Warner is reviewing the notice and will pursue a patent-infringement lawsuit within 45 days, the company said.

FDA OKs another delivery method for Baxter's immunotherapy
The FDA is allowing subcutaneous, or under-the-skin, administration of Gammagard Liquid, Baxter International's treatment for primary immunodeficiency. The prescription drug is also delivered by IV infusion.

Biogen's MS drug Fampyra gets conditional EU approval
The European Commission granted Biogen Idec conditional approval for Fampyra to improve walking ability of adults with multiple sclerosis. The oral treatment is sold by Acorda Therapeutics in the U.S. as Ampyra.

Canada approves Valeant's insomnia treatment Sublinox
Valeant Pharmaceuticals International received approval in Canada to market Sublinox as short-term therapy for insomnia. The drug is expected to be launched in the fourth quarter.

Food & Dietary Supplements

Report: Tips about food safety issues will earn rewards in China
The Chinese Food Safety Commission asked all local agencies to give rewards to people who tip them off about the illegal use of additives and other food safety problems, according to a directive cited by Xinhua news agency. The agencies are expected to offer protection against "revenge attacks," to those who report food safety irregularities, according to state media.

Panel to require provincial clearance for biotech crop trials in India
The Genetic Engineering Approval Committee in India earlier this month said it will require researchers to secure no-objection certificates from provincial governments before starting field trials of biotech crops. "Very few trials will take place because of this order," said Ram Kaundinya, chairman of the Association of Biotech Led Enterprises - Agriculture Group. Kaundinya said association officials have begun talks with the committee and agriculture ministry and will discuss the requirement with state governments.

Congress steps forward to challenge food-ad rules for children
The food, beverage, ad and media industries are winning some ears on Capitol Hill, with members of Congress stepping up to challenge the Federal Trade Commission's proposed voluntary guidelines to curb food marketing to children. Both Democratic and Republican lawmakers are stepping in, demanding cost-benefit analyses and moving to forbid the use of funds to implement the guidelines, which are considered by some to be voluntary in name only.

Safety law's controls aren't needed at warehouses, groups tell FDA
Several groups, including the International Warehouse Logistics Association and Grocery Manufacturers Association, told the FDA that subjecting warehouses solely involved in storing packaged foods to the Food Safety Modernization Act's full hazard analysis and preventive controls provisions would be redundant. Applying such extensive rules to such facilities "would create significant costs and administrative burdens without a corresponding benefit to public health," the associations wrote in a petition to the FDA.

Senators seek FDA's explanation on delay in gluten-free-labeling laws
Sens. Ron Wyden, D-Ore., and Patrick Leahy, D-Vt., asked the FDA for updates on when it will implement gluten-free-labeling regulations and demanded an explanation for the delay in enforcing such rules. "The regulatory uncertainty surrounding FDA's inaction has led to a proliferation of 'gluten free' standards and labels provided by 3rd party groups. This creates confusion for consumers, and hesitancy amongst producers on what their requirements will be," they wrote in a letter to FDA Commissioner Dr. Margaret Hamburg.

FDA looks at possible link between salmonella and papaya
The FDA has warned people to avoid eating Agromod Produce's papayas as it investigates a possible association with a salmonella outbreak in 23 states, including Texas and Illinois. The agency said the outbreak has sickened 97 people and hospitalized 10. Agromod initiated a voluntary recall of several brands of papayas that came from Mexico.

Georgia task force looks for solutions to "food deserts"
The Georgia Supermarket Access Task Force will meet this week to come up with ways to bring more fresh fruits and vegetables and other healthier foods to urban "food deserts" in an effort to reduce obesity rates. One study found that almost 2 million people in the state, including many children, live in low-income neighborhoods that do not have enough supermarkets. The elderly in such neighborhoods have problems finding transportation to larger stores that offer better selections of food.

Tobacco

Appeals court hears arguments on tobacco law
A three-judge panel of the 6th U.S. Circuit Court of Appeals heard arguments in a case challenging the provisions of the Family Smoking Prevention and Tobacco Control Act, which gives the FDA the authority to regulate tobacco advertising. Noel Francisco, a lawyer for R.J. Reynolds, argued that the law restricts tobacco companies' free-speech rights. Mark Stern of the Justice Department said the government has a duty to oversee the marketing of "lethal and addictive" tobacco products.

American Spirit cigarettes tout green production methods
Cigarette-maker Reynolds American is trying to get in on the "greening" trend with magazine ads that call its Natural American Spirit brand "eco-friendly." The company says the green pitch refers only to its manufacturing process, which it says has become more energy efficient, and is not a commentary on the safety of the cigarettes. The ads attempt to "greenwash a deadly and addictive product," said Vince Willmore of the Campaign for Tobacco-Free Kids.

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