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|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.
|D.C. District Court Strikes Down FDA Regulation Requiring Graphic Warnings on Cigarette Packages|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
March 2, 2012, previously published on March 2, 2012Last November, we noted that FDA’s regulation requiring the display on cigarette packages of graphic warnings intended to dissuade would-be smokers appeared in jeopardy at the hands of U.S. District Judge Richard Leon in R.J. Reynolds et al v. FDA et al. In an opinion hewing closely to his...
|UK Competition Law: Competition Appeal Tribunal Quashes OFT Decision on Tobacco Price Fixing Cartel: Smoke Without Fire|
Juan A. Rodriguez; Sullivan & Cromwell LLP;
December 22, 2011, previously published on December 16, 2011On December 12, 2011, the UK Competition Appeal Tribunal quashed a decision by the Office of Fair Trading to impose a fine of £112.3 million on Imperial Tobacco Group Plc for allegedly being part of a price fixing cartel for tobacco products sold in the UK. However, this was not a classic situation...
|WTO Accession of the Russian Federation†- Implications for Alcohol and Tobacco Sectors|
Daniel Clark Crosby, Jennifer Josefson, Sergey Komolov, Stephen J. Orava; King & Spalding LLP;
December 22, 2011, previously published on December 21, 2011Russia’s accession to the World Trade Organization (WTO) will create opportunities to increase exports of alcohol and tobacco products to Russia. On 16 December 2011, WTO Members accepted the terms of the Russian Federation’s accession. Russia will officially become a WTO Member 30 days...
|UK Appeal Tribunal Overturns Landmark Competition Decision|
Becket McGrath; Edwards Wildman Palmer LLP;
December 15, 2011, previously published on December 13, 2011On 12 December, the UK Competition Appeal Tribunal ('CAT') confirmed that it would allow all appeals against a decision of the Office of Fair Trading ('OFT') concerning pricing arrangements for the retail sale of tobacco products. This judgment follows the effective collapse of the OFT's case...
|ALJ Gildea Denies Motion in Limine to Preclude Doctrine of Equivalents Argument in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-Ta-756)|
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 23, 2011, previously published on November 18, 2011On November 16, 2011, ALJ E. James Gildea issued the public version of Order No. 27 (dated October 28, 2011) in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).
|RBC daily: Lidings has advised JTI on privatization
of a land plot under the Liggett-Ducat factory in Moscow|
Tatiana Bicheva; Lidings;
November 21, 2011Lidings, a law firm dedicated to providing legal support to foreign business in Russia, advised JTI, a major Japanese tobacco products manufacturer, in its privatization project of a large land plot under the “Liggett-Ducat” tobacco factory in Moscow.
|Court Says First Amendment Bars Enforcement of FDA Graphic Cigarette Warning Rules|
Tracy P. Marshall, Sheila A. Millar, Crystal N. Skelton; Keller and Heckman LLP;
November 11, 2011, previously published on November 10, 2011In an important First Amendment decision, on November 7, 2011, the U.S. District Court for the District of Columbia issued a preliminary injunction enjoining enforcement of a U.S. Food and Drug Administration ("FDA") rule requiring tobacco companies to display graphic images on cigarette...
|Judge Leon Grants Preliminary Injunction- FDA’s Final Rule Requiring Graphic Warnings on Cigarette Packages Appears in Jeopardy|
David B. Clissold; Hyman, Phelps & McNamara, P.C.;
November 11, 2011, previously published on November 8, 2011As we previously reported, a group of five tobacco companies (R.J. Reynolds Tobacco Company, Lorillard Tobacco Company, Commonwealth Brands, Inc., Liggett Group LLC, and Santa Fe Natural Tobacco Company, Inc.) filed a complaint against FDA in the U.S. District Court for the District of Columbia...
|Pathways to Market for New Tobacco Products Begin to Take Shape|
Ricardo Carvajal, David B. Clissold; Hyman, Phelps & McNamara, P.C.;
October 6, 2011, previously published on October 5, 2011FDA issued two draft guidance documents that set out the agency’s thinking with respect to new tobacco products and the requirement to either demonstrate substantial equivalence under FDC Act § 905(j) or secure premarket approval under § 910.