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HTMLFlorida Trial Court Erred in Not Allowing Evidence of Plaintiff’s Asbestos Exposure in Tobacco Case
Daniel A. Garcia, Craig T. Liljestrand; Hinshaw & Culbertson LLP;
Legal Alert/Article
July 20, 2012, previously published on July 17, 2012
The 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...


HTMLHouse Votes to Hold Attorney General Eric Holder in Contempt
Edwards Wildman Palmer LLP;
Legal Alert/Article
July 2, 2012, previously published on June 29, 2012
Late 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.


HTMLCongress Contemplates Action on Rolling Machines
Seth A. Mailhot; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 5, 2012, previously published on April 3, 2012
As 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...


HTMLWhere There’s Smoke, There’s Guidance: FDA Issues Two Draft Guidance Documents for Tobacco Products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.;
Legal Alert/Article
April 4, 2012, previously published on April 2, 2012
Last Friday, the FDA Center for Tobacco Products announced two new draft guidance documents for tobacco products.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...


HTMLIndiana’s Smoking Ban Goes into Effect July 1, 2012
Michael W. Padgett, Craig W. Wiley; Jackson Lewis LLP;
Legal Alert/Article
March 29, 2012, previously published on March 27, 2012
Indiana 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,...


HTML6th Circuit Largely Affirms District Court Ruling on Constitutionality of the Tobacco Act
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 23, 2012, previously published on March 22, 2012
A 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...


HTMLRequired Graphic Cigarette Labeling Held Unconstitutional
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article
March 8, 2012, previously published on March 7, 2012
The U.S. Food and Drug Administration's rule mandating the use of dramatic graphic images on cigarette labeling was found unconstitutional recently.


HTMLD.C. District Court Strikes Down FDA Regulation Requiring Graphic Warnings on Cigarette Packages
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 2, 2012, previously published on March 2, 2012
Last 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...


Adobe PDFUK Competition Law: Competition Appeal Tribunal Quashes OFT Decision on Tobacco Price Fixing Cartel: Smoke Without Fire
Juan A. Rodriguez; Sullivan & Cromwell LLP;
Legal Alert/Article
December 22, 2011, previously published on December 16, 2011
On 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...


Adobe PDFWTO Accession of the Russian Federation†- Implications for Alcohol and Tobacco Sectors
Daniel Clark Crosby, Jennifer Josefson, Sergey Komolov, Stephen J. Orava; King & Spalding LLP;
Legal Alert/Article
December 22, 2011, previously published on December 21, 2011
Russia’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...


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