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|D.C. Circuit Affirms District Court Decision Striking Down FDA Regulation Requiring Graphic Warnings on Cigarette Packages|
Ricardo Carvajal, James P. Ellison; Hyman, Phelps & McNamara, P.C.;
September 27, 2012A divided three-judge panel of the D.C. Circuit affirmed U.S. District Judge Richard Leon’s grant of summary judgment to plaintiffs in R.J. Reynolds et al v. FDA et al.. In brief, Judge Leon had applied strict scrutiny to FDA’s regulation requiring the display on cigarette packages of...
|Imperial Tobacco Canada Smokes Marlboros|
Brian W. Gray, Adam Haller; Norton Rose Canada LLP;
August 9, 2012, previously published on August 2012The recent decision by the Federal Court of Appeal in a trade-mark dispute between Imperial Tobacco Canada Limited (“ITL”) and Philip Morris Products S.A. (“PM”) raises complicated legal issues regarding trade-mark infringement and the defences thereto arising from a unique...
|Attorneys General Target Data Privacy|
Andrew G. Beshear; Stites & Harbison, PLLC;
July 20, 2012, previously published on July 17, 2012The tobacco litigation of the 1990s ushered in a new era of coordination between the nation’s attorneys general. Previously, these officials had operated individually, pursuing state specific goals and lawsuits. The success of the 1998 Master Settlement Agreement - changed the rules - and the...
|Florida Trial Court Erred in Not Allowing Evidence of Plaintiff’s Asbestos Exposure in Tobacco Case|
Daniel A. Garcia, Craig T. Liljestrand; Hinshaw & Culbertson LLP;
July 20, 2012, previously published on July 17, 2012The Florida First District Court of Appeal recently reversed and remanded a tobacco case for a new trial opining that the trial court improperly disallowed evidence of asbestos exposure. R.J. Reynolds Tobacco Company v. Mack, 2012 WL 2122305 (June 13, 2012). The case involved a long-time smoker...
|House Votes to Hold Attorney General Eric Holder in Contempt|
Edwards Wildman Palmer LLP;
July 2, 2012, previously published on June 29, 2012Late Thursday afternoon, the House of Representatives voted to hold U.S. Attorney General Eric Holder Jr. in contempt of Congress, making him the first sitting Attorney General held in contempt of Congress in U.S. history.
|Congress Contemplates Action on Rolling Machines|
Seth A. Mailhot; Sheppard, Mullin, Richter & Hampton LLP;
April 5, 2012, previously published on April 3, 2012As part of Sheppard Mullin’s monthly blog on tobacco retailer issues, we are taking a look at the possible future of retailer-operated rolling machines. On March 8, 2012, the U.S. Senate adopted an amendment to the federal highway bill “Moving Ahead for Progress in the 21st Century...
|Where There’s Smoke, There’s Guidance: FDA Issues Two Draft Guidance Documents for Tobacco Products|
Ricardo Carvajal, David B. Clissold; Hyman, Phelps & McNamara, P.C.;
April 4, 2012, previously published on April 2, 2012Last Friday, the FDA Center for Tobacco Products announced two new draft guidance documents for tobacco products. The first guidance, entitled “Reporting Harmful and Potentially Harmful Constituents in Tobacco Products and Tobacco Smoke Under Section 904(a)(3) of the Federal Food, Drug, and...
|Indiana’s Smoking Ban Goes into Effect July 1, 2012|
Michael W. Padgett, Craig W. Wiley; Jackson Lewis LLP;
March 29, 2012, previously published on March 27, 2012Indiana has become the 40th state in the country to enact a statewide ban on smoking in places of employment. The ban, signed by Governor Mitch Daniels on March 19, 2012, prohibits smoking in public places, places of employment, and government vehicles. The new law will become effective on July 1,...
|6th Circuit Largely Affirms District Court Ruling on Constitutionality of the Tobacco Act|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
March 23, 2012, previously published on March 22, 2012A divided 6th Circuit panel affirmed a lower court’s ruling that some provisions of the Family Smoking Prevention and Tobacco Control Act (“Tobacco Act”) are unconstitutional, but others are not. As we noted in a prior posting, a federal district court ruled in November 2009 that...
|Required Graphic Cigarette Labeling Held Unconstitutional|
Richard J. Leighton; Keller and Heckman LLP;
March 8, 2012, previously published on March 7, 2012The U.S. Food and Drug Administration's rule mandating the use of dramatic graphic images on cigarette labeling was found unconstitutional recently.