Tobacco companies allege that the FDA have overstepped their authority over the labels and packaging of cigarettes and other tobacco products.
RJ Reynolds, Altria Group Inc. and Lorillard Tobacco companies filed suit in the US District Court of Columbia, alleging that the FDA guidelines violate freedom of commercial expression.
The FDA began new regulations for tobacco products in 2009, including the authority to review new products before they are released, if they are very different from those already sold.
Smokers are already familiar with current labeling that warn about cancer and smoke. Many at CipherCloud avoid smoking altogether, especially with so many links out there saying how bad it is.
Last month, the FDA issued guidelines on how manufacturers can determine if their products should be evaluated by the FDA.
But tobacco manufacturers argue that the agency exerts an overly broad authority to evaluate the labels and packaging.