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Headlines Tagged with Preemption 1,541 headlines found

18 Views

[California, Illinois, New York] E-Cigarette Class Action Suit Stymied by Federal Law

The judge ruled federal law superceded state regulations citing the [FDA]’s rule making e-cigarettes subject to the Family Smoking Prevention and Tobacco Control Act....tobacco products only need to carry a warning regarding the addictive properties of ni
National Law Review
added Nov 16, 2016 18:24
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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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DC Circ. Tobacco Ruling Lets Marketing Limits Go Forward ($$)

The D.C. Circuit affirmed Friday that a 2009 law allowing the U.S. Food and Drug Administration to regulate tobacco companies does not wipe out court injunctions limiting the companies' marketing practices, a ruling that opens up the court-imposed restri
Law360
added Aug 12, 2012 16:38
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[Florida] Michigan Law Bars Smoker's $10M Award, Fla. Judges Hear

Two tobacco companies appealing a $10 million jury award...the trial judge erred in allowing the jury to award more than just compensatory damages since Michigan law, the state where Howles lived and smoked for most of her life, applies and doesn't allow
Law360
added Mar 7, 2018 04:12
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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
15 Views

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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