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Press release from PR Newswire

Lorillard Files Suit Challenging FDA Graphic Labels on First Amendment Grounds

Tuesday, August 16, 2011

Lorillard Files Suit Challenging FDA Graphic Labels on First Amendment Grounds16:58 EDT Tuesday, August 16, 2011GREENSBORO, N.C., Aug. 16, 2011 /PRNewswire/ -- Lorillard, Inc. (NYSE: LO), the third largest manufacturer of cigarettes in the United States, today filed suit against the U.S. Food and Drug Administration (FDA), challenging nine new cigarette warnings as an unconstitutional way of forcing tobacco manufacturers to disseminate the government's anti-smoking message. Lorillard filed the lawsuit in the U.S. District Court for the District of Columbia along with R.J. Reynolds Tobacco Co., Commonwealth Brands, Inc., and Liggett Group LLC.  Under the FDA's recently announced regulation, cigarette packs and cartons and all cigarette advertising must display new graphic warnings by September 22, 2012.  The suit seeks a preliminary injunction to stay the effective date of the regulation and a declaration that the regulation is unconstitutional.   "The regulations violate the First Amendment," said Floyd Abrams, a partner in the New York law firm of Cahill Gordon & Reindel, who is representing Lorillard. "The notion that the government can require those who manufacture a lawful product to emblazon half of its package with pictures and words admittedly drafted to persuade the public not to purchase that product cannot withstand constitutional scrutiny. The government can engage in as much anti-smoking advocacy as it chooses in whatever language and with whatever pictures it chooses; it cannot force those who lawfully sell tobacco to the public to carry that message, those words, and those pictures."About Lorillard, Inc.Lorillard, Inc. (NYSE: LO), through its Lorillard Tobacco Company subsidiary, is the third largest manufacturer of cigarettes in the United States. Founded in 1760, Lorillard is the oldest continuously operating tobacco company in the U.S. Newport, Lorillard's flagship menthol-flavored premium cigarette brand, is the top selling menthol and second largest selling cigarette in the U.S. In addition to Newport, the Lorillard product line has four additional brand families marketed under the Kent, True, Maverick, and Old Gold brand names. These five brands include 43 different product offerings which vary in price, taste, flavor, length and packaging. Lorillard maintains its headquarters and manufactures all of its products in Greensboro, North Carolina. Forward-Looking StatementsCertain statements made in this press release are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, or the Reform Act. Forward-looking statements include, without limitation, any statement that may project, indicate or imply future results, events, performance or achievements, and may contain the words "expect," "intend," "plan," "anticipate," "estimate," "believe," "may," "will be," "will continue," "will likely result" and similar expressions. In addition, any statement that may be provided by management concerning future financial performance (including future revenues, earnings or growth rates), ongoing business strategies or prospects and possible actions by Lorillard, Inc. are also forward-looking statements as defined by the Reform Act. Forward-looking statements are based on current expectations and projections about future events and are inherently subject to a variety of risks and uncertainties, many of which are beyond our control, that could cause actual results to differ materially from those anticipated or projected. Information describing factors that could cause actual results to differ materially from those in forward-looking statements is available in Lorillard, Inc.'s filings with the Securities and Exchange Commission (the "SEC"), including but not limited to, our Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. These filings are available from the SEC over the Internet or in hard copy, and are available on our website at www.lorillard.com. Forward-looking statements speak only as of the time they are made, and we expressly disclaim any obligation or undertaking to update these statements to reflect any change in expectations or beliefs or any change in events, conditions or circumstances on which any forward-looking statement is based. SOURCE Lorillard Tobacco CompanyFor further information: Gregg Perry, The Perry Group, +1-401-331-4600