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|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...
|The New FDA Guidance on the Listing of Ingredients in Tobacco Products
Diane Romza-Kutz; Troutman Sanders LLP;
December 18, 2009, previously published on December 14, 2009The Federal Food and Drug Administration (“FDA”) recently posted a new Guidance for the tobacco industry, entitled Listing of Ingredients in Tobacco Products, (the “Guidance”) concerning the mandatory listing of ingredients with a rapidly approaching deadline of December 22,...
|Profiles in Partnership: The Long View -- J.C. Newman Cigar Co. and Fowler White Boggs P.A.
E. Jackson Boggs; Fowler White Boggs P.A.;
Counsel to Counsel Article
December 14, 2009, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine
on November/December 2009In an era when
are often fleeting and
contentious, there's a
lot to learn from a true
Fowler White Boggs P.A.
has provided service for
J.C. Newman Cigar Co.
for more than half a
|Counsel to Counsel Magazine -- November/December 2009 Complete Issue |
Counsel to Counsel Article
December 11, 2009Naturally, the appeal of outsourcing grows in tight economic times, as cash-strapped companies look to find efficiencies anywhere they can. But outsourcing is no panacea, and unpleasant surprises await the unwary.
|Tobacco Firms Sue To Block Marketing Limits
Manatt, Phelps & Phillips, LLP;
November 12, 2009A coalition of cigarette makers have filed a lawsuit to block marketing restrictions in a law that authorizes the Food and Drug Administration to regulate tobacco.