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Adobe PDFAppeals Court Holds That On-Pack Proofs of Purchase Are Not "Gift Certificates" under California Law
Loeb & Loeb LLP;
Legal Alert/Article
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...


HTMLCongress Passes Legislation Giving FDA Authority over Tobacco Products
Arianna Chernove, Deborah M. Shelton, Celia Cohen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 25, 2009, previously published on June 15, 2009
On June 12, 2009, Congress passed a legislation empowering the Food and Drug Administration to regulate cigarettes and tobacco products.


HTMLDespite Embargo, Cuba Imports Daiquiri Mix from USA
Douglas N. Jacobson; Strasburger & Price, LLP;
Legal Alert/Article
June 18, 2009, previously published on May 14, 2009
The AP published a story this evening entitled "Despite embargo, Cuba imports daiquiris from US" describing the types of products sold from the U.S. pursuant to the "agricultural waiver" of the U.S. embargo on Cuba.


Adobe PDFFDA's Outlook under the New Administration
Edward M. Basile, Pamela Furman Forrest, Marian Lee; King & Spalding LLP;
Legal Alert/Article
June 18, 2009, previously published on May 26, 2009
"It's no longer a matter of if the FDA will be reformed, but rather a matter of when and how," said Rep. Bart Stupak of Michigan, a senior Democrat member of the House Energy and Commerce Committee.


Adobe PDFCalifornia Supreme Court Issues Watershed Decision Relaxing Standing and Liability Requirements under California's Unfair Competition Law
Arnold & Porter LLP;
Legal Alert/Article
June 17, 2009, previously published on May 2009
In a highly-anticipated ruling that may have significant negative consequences for companies doing business in California, the California Supreme Court issued its decision on May 18, 2009 in In re Tobacco II Cases.


HTMLActual Injury (and Standing) Necessary Only for Class Representatives, Not Absent Class Members, under California's Section 17200
Donald M. Falk, John Nadolenco, Tai Lui Tan; Mayer Brown LLP;
Legal Alert/Article
June 16, 2009, previously published on May 2009
Until California voters passed Proposition 64, anyone could sue on behalf of the "general public" using the unique representative action of California's Unfair Competition Law (UCL), the notorious Section 17200 of California's Business and Professions Code.


HTMLHouse Passes Bill Giving FDA Oversight of Tobacco Industry
Manatt, Phelps & Phillips, LLP;
Legal Alert/Article
April 29, 2009, previously published on April 20, 2009
The House of Representatives has voted in favor of a bill that would give the Food and Drug Administration the power to regulate the tobacco industry.


HTMLProposed Bill Would Give FDA Jurisdiction over Tobacco
Keller and Heckman LLP;
Legal Alert/Article
April 28, 2009, previously published on April 9, 2009
The U.S. House of Representatives passed the Family Smoking Prevention and Tobacco Control Act (FSPTCA) on April 2, 2009.


HTMLMassachusetts Supreme Judicial Court Affirms Summary Judgment against Tobacco Company for False Advertising of "Light" Cigarettes
Beth I. Z. Boland, Brandon L. Bigelow, Carolyn French; Bingham McCutchen LLP;
Legal Alert/Article
April 21, 2009, previously published on April 3, 2009
The Massachusetts Supreme Judicial Court ("SJC") recently affirmed the grant of summary judgment in favor of plaintiffs in Aspinall v. Phillip Morris, Inc., No. SJC-09981, slip op. (Mar. 16, 2009), holding that a tobacco company had engaged in unfair and deceptive trade practices in...


HTMLU.S. Supreme Court Dismisses Appeal of Oregon Tobacco Punitive Damages Award
Lori Irish Bauman; Ater Wynne LLP;
Legal Alert/Article
April 7, 2009, previously published on March 31, 2009
Mayola Williams' products liability case has completed its third journey to the U.S. Supreme Court, as the Court today dismissed Philip Morris' appeal of a $79.5 million punitive damages award.


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