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|FDA Final Rule Outlaws Certain Brand Names|
Bryan M. Haynes, Nancyellen Keane; Troutman Sanders LLP;
April 16, 2010, previously published on March 23, 2010Your brand that you worked to protect may be in jeopardy. Under the final rule issued by FDA March 19, 2010, manufacturers may not use a brand name of a nontobacco product as the brand name for a cigarette or smokeless tobacco product unless the brand name was being used by both the tobacco...
|PACT Act Passage Could Lead to More Criminal Enforcement|
Bryan M. Haynes, Megan Conway Rahman, Ashley L. Taylor, John S. West; Troutman Sanders LLP;
April 15, 2010, previously published on April 5, 2010Recently, the United States Senate unanimously approved legislation to stop certain controversial sales of tobacco via the internet and mail. The Prevent All Cigarette Trafficking (PACT) Act purports to (i) close loopholes in current trafficking laws, (ii) enhance penalties; and (iii) provide law...
|New Kansas Smoking Ban Directly Affects Employers|
Boyd A. Byers; Foulston Siefkin LLP;
April 7, 2010, previously published on March 24, 2010On March 12, 2010, Kansas Governor Mark Parkinson signed into law a ban on smoking in all public buildings and any indoor place of employment. The smoking ban extends to a ten-foot radius outside building access points, such as doorways, open windows, and air intakes. There are only a few limited...
|No Smoking in the Workplace|
Marcus W. Campbell, Joshua D. Meeuwse; Miller Johnson;
April 7, 2010, previously published on March 26, 2010Michigan’s new law banning smoking in the workplace goes into effect on May 1. It forces employers to take aggressive actions to enforce the ban and penalizes passive employers as well as illicit smokers. It prohibits smoking in any building where employees perform services—and that...
|FDA Moves to Limit Promotion of Tobacco Products, but Is It Legal?|
Elinor A. Hiller, Peter M. Kazon, Marc J. Scheineson, Donald E. Segal, Julie K. Tibbets; Alston & Bird LLP;
March 31, 2010, previously published on March 22, 2010In conjunction with the release of the revised 1996 regulations (modified per Congress’ directions in Section 102 of the Family Smoking Prevention and Tobacco Control Act), which take effect on June 22, 2010, on March 18, FDA released a series of documents designed to explain the rule,...
|Hemi Group Decision Will Reshape Cigarette Marketing Laws |
Ashley L. Taylor; Troutman Sanders LLP;
February 8, 2010, previously published on January 29, 2010A recent Supreme Court decision, Hemi Group v. New York City, will result in a dramatic reshaping of the laws governing the marketing of cigarettes. The Hemi Group, an internet seller of cigarettes, sells cigarettes online to residents of New York City. Neither State nor City law required...
|Supreme Court Decides Hemi Group, LLC v. City of New York |
Aaron D. Van Oort, Marie E. Williams; Faegre & Benson LLP;
February 3, 2010, previously published on January 25, 2010On January 25, the Supreme Court decided Hemi Group, LLC v. City of New York, No. 08-969, holding that the City of New York could not state a claim under RICO against an out-of-state cigarette seller based on its failure to comply with the Jenkins Act's reporting requirements. No opinion commanded...
|Some Tobacco Control Act Advertising Limitations Held Unconstitutional
Richard J. Leighton; Keller and Heckman LLP;
January 27, 2010, previously published on January 8, 2010Tobacco interests came away with a partial victory recently in their challenge to the constitutionality of the new Family Smoking Prevention and Tobacco Control Act.
|Fourth District Court of Appeal Upholds Two Denials of Class Certification: Addresses In Re Tobacco Cases and Acknowledges Differences in Damages Can Defeat Certification
Ruben D. Escalante; Sheppard, Mullin, Richter & Hampton LLP;
January 7, 2010, previously published on December 23, 2009Two recent Fourth District Court of Appeal cases affirmed the denial of class certification. Kaldenbach v. Mutual of Omaha Life Insurance Co., 178 Cal.App.4th 830 (2009), was one of the first cases to address the California Supreme Court's decision in the In re Tobacco II Cases, 46 Cal. 4th 298...
|UK: High Court Rules on Avoidance and Breach of Warranty Issues
Edwards Angell Palmer & Dodge LLP;
December 23, 2009, previously published on December 17, 2009 The claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends. AC Ward obtained insurance through its brokers, Henderson Insurance Brokers Limited (the Brokers) and the insurance was underwritten by Catlin (Five) Limited (the...