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Headlines Tagged with Preemption 1,512 headlines found

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[Florida] Eleventh Circuit Rejects Use of Engle Findings by Smoker's Estate

Such a duty operates, in essence, as a ban on cigarettes. Accordingly, it conflicts with Congress's clear purpose and objective of regulating—not banning—cigarettes, thereby leaving to adult consumers the choice whether to smoke cigarettes or to abstain."
Daily Report
added Apr 10, 2015 02:48
56 Views

Big Win for Big Tobacco in Florida Smoking Case

"regulation of cigarettes rests on the assumption that they will still be sold and that consumers will maintain a 'right to choose to smoke or not to smoke...these specific, sweeping bases…we conclude frustrate the full purposes and objectives of Congress
Courthouse News
added Apr 10, 2015 02:40
41 Views

[Florida] 11th Circ. Says Fed. Law Blocks Claims In Engle Progeny Suit ($$)

said the claims wrongly imposed a duty on all cigarette makers that they breached every time they put a cigarette on the market. That result is inconsistent with Congress’ aim to give consumers the right to choose whether to smoke, according to the panel
Law360
added Apr 9, 2015 13:37
8 Views

[Europe, USA] The importance of product definitions in US e-cigarette laws and regulations

Similar to past ‘Trojan horse’ policies, e-cigarette policies that initially appear to restrict sales (eg, limit youth access) may actually undermine regulation if they establish local pre-emption or create definitions that divide e-cigarettes from other
Tobacco Control
added Apr 4, 2015 23:02
4 Views

[Wisconsin] Steven Walters: E-cigarette popularity lights up state Capitol fight

Kleefisch's party controls the Legislature. Let's start with him. The Oconomowoc Republican is putting the final touches on a bill pre-empting local governments from enacting their own e-cigarette bans. If it became law, it would repeal bans enacted by M
Janesville (WI) Gazette
added Apr 2, 2015 13:22
9 Views

[Florida] Fla. House Panel Delays Vote On Capping Tobacco Damages ($$)

The Florida House Civil Justice Subcommittee ended its meeting Tuesday without considering H.B. 1067, which was introduced last month by state Rep. David Santiago, R-Deltona, seeking to expand the scope of a 1999 state measure to limit punitive damages
Law360
added Mar 27, 2015 00:19
41 Views

[Florida] House adjourns committee without taking up bill to sheild tobacco industry

House Civil Justice Subcommittee adjourned its meeting early on Tuesday, with time to spare, but did not take up a bill intended to shield the tobacco industry from punitive damages in thousands of pending cases from injured Florida smokers.
Miami (FL) Herald blogs
added Mar 24, 2015 14:22
25 Views

[Florida] House panel snuffs bill to limit lawsuits against tobacco companies

With little to no fanfare the House Civil Justice Subcommittee early Monday deferred action on a bill aimed at snuffing out the lawsuits...Committee Chair Kathleen Passidomo announced at the beginning of the meeting that the bill, HB 1067, would be tempor
St. Petersburg (FL) Times blogs
added Mar 24, 2015 13:46
33 Views

[Florida] Bill to shield tobacco industry from damages in Engle lawsuits in limbo

Florida House Civil Justice Subcommittee adjourned its meeting early on Tuesday, with time to spare, but did not take up a bill intended to shield the tobacco industry from punitive damages in thousands of pending cases from injured Florida smokers.
Tampa Bay (FL) Times
added Mar 24, 2015 13:44
6 Views

E-Cigarettes and Workplace Smoking Policies: To Ban or Not to Ban, that is the Question

Under the law of Kentucky and a few other states, smokers are a protected class of purposes of hiring, firing and other employment actions.....clarity is key. Employers should also take care when considering an absolute ban on smoking of any kind during
National Law Review
added Mar 18, 2015 15:40
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