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|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October 6, 2011, previously published on October 5, 2011FDA issued two draft guidance documents that set out the agency’s thinking with respect to new tobacco products and the requirement to either demonstrate substantial equivalence under FDC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.
|Tobacco Companies Sue FDA Over Graphic Warnings Rule|
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
August 22, 2011, previously published on August 17, 2011Earlier this week, 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 four-count Complaint against FDA in the U.S. District Court for the District of Columbia...
|FTC: Sales, Advertising, and Promotion Decline for Cigarettes, Increase for Smokeless Tobacco|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
August 11, 2011, previously published on August 2, 2011The Federal Trade Commission ("FTC") issued the latest in a series of reports on sales, advertising, and promotion of cigarettes and smokeless tobacco. The reports are based on data submitted to FTC by industry. The cigarette report states that the “total number of cigarettes...
|Starting The Statute Of Limitations Clock In California Becomes More Difficult In Certain Toxic Tort Cases|
Craig T. Liljestrand; Hinshaw & Culbertson LLP;
June 21, 2011, previously published on June 17, 2011The California Supreme Court recently decided that claims arising from separate injuries caused by the same wrongdoing may accrue on different dates according to when the plaintiff discovered each injury. Pooshs v. Philip Morris USA, INC., 51 Cal.4th 788 (Cal. 2011).
|Therasense: Federal Circuit Changes Materiality Standard in Attempt to Cure "Plague" of Inequitable Conduct Cases|
James Moore Bollinger, Daniel A. Ladow, Jeffrey C. Morgan, Douglas "Doug" D. Salyers, Trenton A. Ward, Dustin B. Weeks; Troutman Sanders LLP;
June 2, 2011, previously published on May 31, 2011To prove that an applicant for a patent committed inequitable conduct in obtaining its patent, a party making that charge must prove, by clear and convincing evidence, both: (1) the materiality of the withheld prior art reference, and (2) that the applicant withheld the prior art with an intent to...
|Alliance One and Universal Corp Settle DOJ, SEC Charges; Former Country Manager of Alliance One Pleads Guilty|
Raymond Banoun; Cadwalader, Wickersham & Taft LLP;
August 31, 2010, previously published on August 16, 2010On August 6, 2010, two subsidiaries of Alliance One International ("Alliance One") and a subsidiary of Universal Corporation ("Universal") agreed to plead guilty to FCPA-related criminal charges while the parent entities entered into non-prosecution agreements with the...
|Local Ordinance that Suspends a Tobacco Sales License for Selling Tobacco to Minors is Not Preempted by State Law|
Mona Ebrahimi; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
July 23, 2010, previously published on July 09, 2010In Prime Gas, Inc. v. City of Sacramento, (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., May 13, 2010), a California Court of Appeal considered whether a city ordinance that suspended or revoked a retailer’s license to sell tobacco, if the retailer was found selling tobacco to minors, was preempted...
|Oregon Supreme Court Takes Away $100 Million in Punitive Damages Due to Flawed Jury Instruction|
Lori Irish Bauman; Ater Wynne LLP;
July 6, 2010, previously published on June 27, 2010When the US Supreme Court decided Williams v. Philip Morris in 2007, it created a challenge for judges instructing juries on punitive damages. The Due Process Clause prevents a jury from imposing punitive damages to punish a defendant directly for harm it causes to non-parties. But a jury can...