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Headlines Tagged with Preemption 1,514 headlines found

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McCONNELL: United States: Smoking Out The Scope Of Preemption

tobacco litigation was good practice on the issue of preemption. Most tobacco cases were and are about an alleged failure to warn. But federally mandated warnings have been on cigarette packs for over 50 years... The preemption ruling in In re Fontem, U
Mondaq
added Nov 14, 2016 02:17
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[Illinois] INDEPENDENTS GAS & SERVICE STATIONS ASSOCIATIONS, INC. v. CITY OF CHICAGO: DEFENDANT CITY OF CHICAGO’S RESPONSE IN OPPOSITION TO PLAINTIFF’S MOTION FOR A TEMPORARY RESTRAINING ORDER

The plain language of the FSPTCA and the persuasive reasoning of two federal circuit courts demonstrate that the Flavored Tobacco Ordinance is not preempted by the FSPTCA. The City therefore respectfully requests that the Court deny Plaintiff’s Motion
Center for Tobacco Control Research and Education (UCSF)
added Nov 10, 2014 16:43
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Smoking laws in Oklahoma City, Tulsa are weak compared to many major U.S. cities

Oklahoma City and Tulsa are among six of the largest cities in the United States that have weak laws regarding secondhand smoke in public places, according to a federal government report released this week.
The Oklahoman
added Nov 27, 2012 13:13
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[Florida] Engle Progeny Claims Not Preempted, Fla. High Court Says ($$)

The Florida Supreme Court ruled Thursday that federal law does not preempt Engle progeny plaintiffs from bringing strict liability and negligence claims against tobacco companies, dealing another blow to the companies fighting the smokers' suits.
Law360
added Apr 7, 2017 18:55
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[California, Illinois, New York] In re Fontem US, Inc. Consumer Class Action Litig. Order Granting in Part and Denying in Part the Defendant’s Motion to Dismiss the Second Amended Complaint (PDF)

The FDA has stated that the heading was implemented “in order to clarify that part 1143 is not intended to prevent tobacco product manufacturers from including truthful, non-misleading warnings on their products’ packaging or advertisements voluntarily
Amazon CloudFront
added Nov 2, 2016 19:52
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Fla. Panel Asks Justices To Weigh In On Engle Preemption ($$)

appeals court asked the state Supreme Court to weigh in on the Eleventh Circuit’s recent finding that federal law preempts Engle plaintiffs’ strict liability and negligence claims, saying on Wednesday it disagrees that such claims are tantamount to bannin
Law360
added Jan 8, 2016 02:03
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U.S. SMOKELESS TOBACCO MANUFACTURING COMPANY — v. — CITY OF NEW YORK (PDF)

enforcement of a New York City ordinance governing the sale of flavored tobacco products, which they argue is preempted by the Family Smoking Prevention and Tobacco Control Act. Plaintiffs appeal an award of summary judgment in favor of the City. We affi
US Court of Appeals For The Second Circuit
added Feb 27, 2013 11:18
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Florida Supreme Court: Federal Law Does Not Preempt Engle Progeny Claims ($$)

affirmed trial court’s judgment in favor of an Engle progeny plaintiff after answering a certified question from a lower appellate court finding that federal law does not preempt negligence and strict liability claims because those claims do not hinder th
Lexis Nexis
added Apr 9, 2017 19:52
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[Asia, Europe] Tobacco Industry Loses Landmark Court Rulings in India & EU, Upholding Graphic Tobacco Warnings (and Other Health Measures in EU)

The India and EU rulings should embolden countries to move forward with implementing proven strategies to reduce tobacco use, as required by the international tobacco control treaty, the World Health Organization Framework Convention on Tobacco Control.
Campaign for Tobacco-Free Kids (CTFK)
added May 4, 2016 16:55
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[California] Special Session Tobacco Bills - FACT SHEET (PDF)

SBX2 5 (Leno) expands the definition of a tobacco product to include e-cigarettes and extends current restrictions...ABX2 7 (Stone) prohibits smoking in owner-operated businesses and removes some exemptions in existing law that allows tobacco smoking in
California State Assembly Democratic caucus
added Mar 7, 2016 16:04
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