LANGUAGE

Mighty Corp. v. Dept. of Health

In this case the court determined the propriety of an earlier preliminary injunction.  The earlier injunction had restrained the Department of Health, the defendant, from implementing Administrative Order No. 2010-0013.  This order required the use of graphic health information on tobacco product packaging. The plaintiff, Mighty Corporation, argued that the administrative order infringed upon the plaintiff’s liberty and property causing irreparable injury and unwarranted expenses in enforcement.  The court recognized that while the Order was meant to protect consumers against deceptive and unfair sales, the additional warning requirements would negatively affect the plaintiff’s business.  Since the Administrative Order seemed to conflict with the Tobacco Regulation Act of 2003, the court decided to issue the preliminary injunction. 

The Court also considered the defendant’s motion for reconsideration.  The Department of Health thought the initial preliminary injunction violated its right to due process since a hearing was never held.  The Court found that the order did not preclude the defendant from filing relevant motions nor a comment to the court. Thus the defendant was not denied due process, and the preliminary injunction was legal.