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Headlines Tagged with Preemption 1,541 headlines found

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[Florida] Fear of lawsuit snuffs out Hollywood's proposed smoking ban at beach, parks

A proposed ban on smoking at Hollywood's beach, parks and playgrounds was snuffed out Wednesday when commissioners said they were worried about offending tourists and running afoul of state law. The power to ban outdoor smoking in the Sunshine State fal
Ft. Lauderdale (FL) Sun-Sentinel
added Jan 19, 2017 03:37
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The Atlantic Daily: Passing the Presidential Mic

On this day in 1964, a report from the U.S. Surgeon General ...Congress tied the hands of the Federal Trade Commission by forbidding it to proceed with its own plans to apply much more stringent regulations. Had it not been for Congress, the FTC, which i
The Atlantic Monthly
added Jan 12, 2017 14:57
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[West Virginia] Smoking ban lawsuit advancing

A suit against the Brooke County Health Department alleging it acted beyond its state-given powers by banning smoking in all public places will move forward, following 1st Judicial Circuit Court Judge Jason Cuomo’s ruling Wednesday not to dismiss the case
Weirton (WV) Daily Times
added Dec 18, 2016 16:27
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[Washington] Tribe’s Cig-Tax Suit Barred By Federal Law, 9th Circ. Says ($$)

ruled Tuesday that the Yakama Indian Nation can't sue to bar the imposition of a federal excise tax on a member-owned company's tobacco products, saying the tribe's claims fall under a federal law that "bars any suit that would restrain the assessment and
Law360
added Dec 14, 2016 20:49
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[West Virginia] Casino owners sue over smoking ban

Three video lottery casino owners have filed a lawsuit against the Brooke County Commission and Brooke County Health Department, alleging the department acted outside its state-given powers when it implemented a ban on smoking in the businesses.
Weirton (WV) Daily Times
added Dec 10, 2016 13:57
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[UK, California, Illinois, New York] E-Cigarettes Escape Stricter Labeling

The FDA, pursuant to the authority it possesses under the TCA, has promulgated a labeling requirement that applies to e-cigarettes. Therefore, state labeling requirements that apply to e-cigarettes that are “different from, or in addition to” the FDA’s re
Lexology (uk)
added Dec 1, 2016 20:48
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[California, Illinois, New York] E-Cig Users Fight To Reinstate Suit Over Danger Warning ($$)

Reynolds American Inc., Fontem US Inc. and others — all of which make and market e-cigarettes under the brand name BLU — were accused by California, Illinois and New York residents of violating those states’ laws by advertising their products as healthy
Law360
added Nov 24, 2016 00:48
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[California, Illinois, New York] IN RE FONTEM US, INC. CONSUMER CLASS ACTION LITIGATION: PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLARIFICATION OR RECONSIDERATION . . . (PDF)

Plaintiffs respectfully submit that clarification is necessary to address an internal contradiction in the Order concerning preemption by the FDA’s Final Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act as Amende
Amazon CloudFront
added Nov 24, 2016 00:53
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[Florida] Jones Day argues that federal law on smoking lawsuits should preempt state laws

recently argued before the Florida Supreme Court that in Florida courts, the liability and negligence claims of smokers are preempted by federal law. Katsas was arguing for tobacco company R.J. Reynolds in a lawsuit filed by Phil Marotta whose father all
Florida Record (U.S. Chamber Institute for Legal Reform)
added Nov 21, 2016 16:31
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[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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