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Appeals Court Holds That On-Pack Proofs of Purchase Are Not "Gift Certificates" under California Law



by Loeb & Loeb LLP - Los Angeles Office

July 9, 2009

Previously published on June 2009

In a closely-watched case in the promotions industry, the U.S. Court of Appeals for the Ninth Circuit held that onpack proofs of purchase on Marlboro and Marlboro Light cigarettes that were part of the "Marlboro Miles" loyalty program are not promotional gift certificates under California law and thus are not required to state an expiration date in a statutorily-proscribed manner.


 

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