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Press release from PR Newswire

Court Grants Preliminary Injunction Against FDA in Graphic Warning Labels Suit Brought by Lorillard

Monday, November 07, 2011

Court Grants Preliminary Injunction Against FDA in Graphic Warning Labels Suit Brought by Lorillard13:53 EST Monday, November 07, 2011GREENSBORO, N.C., Nov. 7, 2011 /PRNewswire/ -- Judge Richard J. Leon of the U.S. District Court of the District of Columbia today granted a preliminary injunction against the U.S. Food and Drug Administration in a case filed by Lorillard, Inc. (NYSE:  LO), the third largest manufacturer of cigarettes in the United States, that challenged the constitutionality of nine new cigarette graphic warning labels.  The suit, filed in August, challenged the new graphic warning labels for cigarette packs, cartons and advertising on First Amendment grounds as an unconstitutional means of forcing tobacco manufacturers to disseminate the government's anti-smoking message.  Floyd Abrams, a partner in the New York law firm of Cahill Gordon & Reindel, who is representing Lorillard, said:  "Today's ruling reaffirms fundamental First Amendment principles by rejecting the notion that the government may require those who sell lawful products to adults to urge current and prospective purchasers not to purchase those products."   The regulation challenged by Lorillard and three other manufacturers required companies to display the new labels by September 22, 2012.  The preliminary injunction stays the effective date of the regulations until 15 months after the final resolution of the litigation. 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 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, Inc.For further information: Bob Bannon, Investor Relations, +1-336-335-7665