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|Marlboro Wins Gift Certificate Lawsuit|
Manatt, Phelps & Phillips, LLP;
July 15, 2009, previously published on June 25, 2009 In a key win for the promotion industry, the U.S. Court of Appeals for the Ninth Circuit has ruled that California's gift certificate law does not cover on-pack proofs of purchase as part of a Marlboro Miles loyalty program by brand owner Philip Morris.
|Appeals Court Holds That On-Pack Proofs of Purchase Are Not "Gift Certificates" under California Law|
Loeb & Loeb LLP;
July 9, 2009, previously published on June 2009In 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...
|Congress Passes Legislation Giving FDA Authority over Tobacco Products|
Arianna Chernove, Deborah M. Shelton, Celia Cohen; Sheppard, Mullin, Richter & Hampton LLP;
June 25, 2009, previously published on June 15, 2009On June 12, 2009, Congress passed a legislation empowering the Food and Drug Administration to regulate cigarettes and tobacco products.
|FDA's Outlook under the New Administration|
Edward M. Basile, Pamela Furman Forrest, Marian Lee; King & Spalding LLP;
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.
|Despite Embargo, Cuba Imports Daiquiri Mix from USA|
Douglas N. Jacobson; Strasburger & Price, LLP;
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.
|California Supreme Court Issues Watershed Decision Relaxing Standing and Liability Requirements under California's Unfair Competition Law|
Arnold & Porter LLP;
June 17, 2009, previously published on May 2009In 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. www.arnoldporter.com
|Actual 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;
June 16, 2009, previously published on May 2009Until 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.
|House Passes Bill Giving FDA Oversight of Tobacco Industry|
Manatt, Phelps & Phillips, LLP;
April 29, 2009, previously published on April 20, 2009The 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.
|Proposed Bill Would Give FDA Jurisdiction over Tobacco|
Keller and Heckman LLP;
April 28, 2009, previously published on April 9, 2009The U.S. House of Representatives passed the Family Smoking Prevention and Tobacco Control Act (FSPTCA) on April 2, 2009.
|Massachusetts 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;
April 21, 2009, previously published on April 3, 2009The 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...