Telengtan Brothers & Sons, Inc. v. Ona, et al.

A tobacco manufacturer challenged the Department of Health’s (DOH) requirements to use graphic and text health warnings on its tobacco packaging.  The company sought an injunction preventing the regulations from taking effect, arguing the regulations were outside the authority of the DOH and would take the company’s property.  The court considered the regulations in combination with the FCTC and the authority granted to the DOH under the tobacco control law.  The court ultimately held that the regulations were issued in excess of the authority of DOH and granted the injunction sought by the tobacco company.